Date: December 10, 2019

Introduction

The following Terms and Conditions (T&C) are intended to apply to any order placed by any consumer, natural person (hereinafter referred to as “Customer” or private individual not a reseller) through our Website. These terms and conditions, which define the rights and obligations of the parties in regards to the distance selling contract, automatically apply to contractual relations between the company lara kleoh SAS with a capital of €2000 whose registered office: 11 Rue La Vieuville – 75018 Paris – France registered in the Paris Trade and Companies Register (France) under number 839294311 R.C.S. Paris and whose VAT number is: FR 13 839294311  email: info@larakleoh.com and any Customer ordering Products.

The T&C are written in French in their original version, which alone is authoritative, taking precedence over any other version translated into a foreign language.

Application of the terms and conditions.

The confirmation of an Order following the order procedure proposed on the website www.larakleoh.com indicates acceptance of the T&C.

Thus, the Customer acknowledges and accepts that the proof of acceptance of the T&C is characterized by checking the box “I have read and accept the Terms and Conditions.”

lara kleoh reserves the right to modify these Terms and Conditions at any time. Nevertheless, the T&C applicable to the order placed by the Customer on the www.larakleoh.com website are those accepted by the Customer at the time of the order. 

Order – Creating an account 

The Customer has the obligation to follow the various steps proposed so that her/his order can be processed.

Thus, for any order, the Customer is asked to create an account allowing her/him to enter her/his personal information.

To do this, the Customer must complete a form and ensure that the data provided is accurate, including the information necessary for identification, in particular her/his first name, last name, email address, and delivery address. The Customer must also choose an email address and password that will be requested each time s/he wishes to access the account. The Customer is solely responsible for the confidentiality of her/his password.

The customer must confirm the order, the total price including all taxes, as well as the total price plus all shipping costs.

Once the payment has been confirmed, your jewelry will be sent to you and you will receive a tracking number.

However, the Customer may contact lara kleoh via the address: info@larakleoh.com for more information on her/his order.

lara kleoh reserves the right to refuse any Order from a Customer with whom a dispute exists or appears during the processing of an order, in particular a payment dispute or any order of a fraudulent nature.

The data recorded during confirmation of your order constitutes the proof of all transactions made by larakleoh.com and the customer. The data recorded by the payment system constitutes proof of financial transactions.

Product availability 

The product offers and prices offered by lara kleoh are valid as long as they are accessible on the website www.larakleoh.com and only within the limits of available stocks. When a product is no longer available, the site displays “Rupture de stock” or “Out of stock.” In this case, it is possible for you to contact us so that we can inform you once it is available again on the site.

Prices  

The prices displayed on the online shop are indicated in euros including all French taxes (French VAT and other taxes that may be applicable on the day of the order unless otherwise indicated).

For all orders outside the European Union, the price is indicated excluding French VAT and with delivery charges. Other charges may apply; customs duties, local taxes, import duties or state taxes may be charged by the carrier who will deliver your order to you. These sums will be at your expense and are your sole responsibility.

Prices may be modified at any time, without notice and in particular in the event of a change in tax data. Items will be invoiced on the basis of the prices in force at the time of placing the order. The price is payable in full on the day the order is placed by the customer.

Payment Terms and Conditions

Payment of orders on the online shop www.larakleoh.com can be made via PayPal or Stripe (Credit card: Mastercard, Visa, Amex).

In accordance with the legal provisions, by communicating her/his credit card information, the Customer authorizes lara kleoh to debit 

her/his credit card for the amount corresponding to the total price, including all taxes and increased by all charges to be paid. Any bank 

charges charged at the time of payment by the Client’s Bank remain at his expense.

In the event that it is impossible to charge the price inclusive of all taxes plus delivery costs, the online sale will be canceled immediately and the order will be canceled.

Payment is the last step in confirming the order. The Customer may at any time modify one of the elements of her/his order, until s/he confirms her/his payment. The sale will only be considered final after receipt of payment for the order in full. 

Shipping & Returns

Deliveries are secured and insured by the two partners: DHL and Colissimo. Delivery times depend on the place of delivery.

At any time, the Customer can monitor the progress of the order and delivery in real time. The tracking will be traceable on the Internet through the number and link that is sent by email after each order.

For Metropolitan France and the European Union, the delivery of the Products ordered will take place within the deadlines communicated by lara kleoh, and, in any case, at the latest within 30 calendar days from the date of the order. Beyond that, the customer has the possibility to cancel her/his order.

For the deliveries outside the European Union: Delivery times may be longer due to customs procedures. lara kleoh has no control over them.

The Customer must provide all information to enable proper delivery when ordering (name, full address, floor, staircase, access code).

lara kleoh ensures transport until receipt, when the customer will physically take possession of the purchased items. At this time, the responsibility shall revert to the Customer in accordance with Consumer Code article L.138-4.

Any package returned to lara kleoh due to an incorrect or incomplete delivery address will be reshipped at the customer’s expense. 

In case of non-receipt of a package within the specified time limits, an investigation is carried out with the carrier.

In the event of a delivery error, the customer must contact lara kleoh within 14 days of any claim of delivery error and/or non-conformity of the products in kind or in quality with the indications on the order form. Any claim made after this deadline will be rejected. The complaint can be made by the customer by email: info@larakleoh.com.

Any claim not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release lara kleoh from any liability toward the customer.

In case of abnormal or abusive returns, lara kleoh may refuse to serve a subsequent order.

The customer is reminded that, in accordance with Article L. 221-19 of the Consumer Code:

The day on which the contract is concluded or the day on which the product is received is not counted as part of the 14-day period mentioned above: the period begins at the beginning of the first hour of the first day and ends at the end of the last hour of the last day of the period; if this period expires on a Saturday, Sunday or public holiday or non-working day, it is extended until the first following working day. 

For security reasons, the delivery of lara kleoh items is only by appointment with a signature confirming receipt.

It is also understood that delivery may only be made to the Customer’s permanent residence and that no delivery may be made to hotels or post office boxes.

Withdrawal period 

The Customer, who has her/his residence in the territory of the European Union, has a period of 14 days from the receipt of the delivery to exercise her/his right of withdrawal without having to justify reasons or pay penalties, with the exception of return costs. The period begins upon the receipt of the items from lara kleoh. In order to exercise her/his right of withdrawal, the Customer must, within the time limit, make a request for return or exchange by email to info@larakleoh.com. The returned item(s) should be sent exclusively to the following address lara kleoh 11 Rue La Vieuville, 75018 Paris, France.

lara kleoh products must be returned in new condition, in their original packaging and unworn. Any product returned incomplete, damaged, ruined, soiled or worn will under no circumstances be taken back. 

It is understood that the Customer must keep proof of this return which means that the products must be returned by registered mail, or by any other means specifying the date of shipment. The costs and risks of return remain the responsibility of the Customer. lara kleoh does not accept postage due returns.

Upon receipt, and after verification, lara kleoh will refund the purchase amount using the same payment method used by the Customer at the time of the initial transaction.

Taking into account the value and amount, the refund will be made within 14 days of receipt.

It is understood that for any return or exchange outside the European Union, the Customer must clearly indicate on the customs clearance consignment note that it is a non-commercial parcel so that lara kleoh does not have to pay customs duties.

In the case of an exchange, lara kleoh, will do the same to avoid a second payment of customs duties by the Customer.

Guarantee of conformity and hidden defects

Without prejudice to the withdrawal period upon receipt, if the package is damaged or opened, the Customer may refuse delivery by specifying the reason on the transport voucher, or accept it by noting specific reservations on the transport voucher (Photo in particular). Any delivery of packages accepted without reservation on delivery will be deemed free of defects due to delivery.

In the event that the items delivered do not conform with her/his order, the Customer must return them in their original packaging within maximum 14 days and inform lara kleoh by email at info@larakleoh.com and return them to the following address: lara kleoh 11 Rue La Vieuville 75018 Paris.

lara kleoh will pay the costs of returning and shipping non-conforming items.

lara kleoh rigorously applies the legislation in force concerning the product’s lack of conformity and hidden defects, under the conditions provided for in Articles L.217-4 to L.217-13 of the Consumer Code and Articles 1641 to 1648 and 2232 of the Civil Code.

lara kleoh items/products offered are in conformity with the French legislation in force.

The Customer is expressly reminded that precious metals, in particular silver, may undergo discoloration or deterioration due to oxidation or contact with other active substances or products, such as certain cosmetics and perfumes or bleach, particularly those contained in swimming pools. Similarly, jewelry made of precious metals necessarily undergoes common damage, such as scratches, as soon as they are worn.

Consequently, lara kleoh cannot be held responsible for normal wear and tear or deterioration of the products. 

The guarantee against flaws and hidden defects cannot be engaged in the following cases: 

In the event of abnormal or improper use, normal wear and tear of the Product, accident or force majeure.

In addition, however, the guarantee cannot be granted in the event of intervention by an unauthorized third party on the ordered product.

In addition, if one of the items ordered should be scratched or break and if this is due to an incident that is not the result of flaws or hidden defects, lara kleoh may issue a quote to repair the Customer’s order. The repair is carried out subject to acceptance and payment of this quote.

The French Civil Code provides the following in terms of guarantee against hidden defects:

Article 1641 of the Civil Code: The seller is bound by the warranty for hidden defects in the item sold that make it unfit for the use for which it is intended, or that reduce this use so much that the buyer would not have acquired it, or would only have paid a lower price, if s/he had known about them.

Article 1648 paragraph 1 of the Civil Code: The action resulting from the fundamental defects must be brought by the purchaser within two years of the discovery of the defect.

As part of the legal guarantee for hidden defects, lara kleoh, according to your choice, undertakes, after evaluation of the defect:

– To refund the full price of the returned product; or

– To refund part of the product’s price if the customer decides to keep the product.

The legal provisions relating to the guarantees from which the Customer benefits are reproduced below and in Articles L. 217- 4 et seq. of the Consumer Code.

Article L. 217- 4: The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. S/He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation where the latter has been charged to her/him by the contract or has been carried out under her/his responsibility. 

To be in conformity with the contract, the goods must:

(1) Be fit for the use usually expected of similar goods and, if applicable:

Correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model; present the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or her/his representative, in particular in advertising or labeling;

(2) Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article L. 217-12: Action resulting from the lack of conformity shall be prohibited after two years from the date of delivery of the goods.

Exchanges

The customer has a period of 14 days from the date of receipt of the initial order to make a request for an exchange, subject to availability in stock and by emailing: info@larakleoh.com.

The customer must return the products to be exchanged, presented in their original condition, in their packaging and unworn… following the exchange request to the following address: lara kleoh, 11 Rue La Vieuville, 75018 Paris, France.

The costs of returning the package are not covered by lara kleoh. 

The shipping costs are covered by lara kleoh.

If the products are no longer available, lara kleoh will refund the customer the amount of her/his initial order, on the day the returned products are received.

If the conditions are not met, lara kleoh will not proceed with the refund and the disputed products will be returned to the customer at her/his expense, to the delivery address indicated on the initial order form.

Force Majeure 

lara kleoh cannot be held liable for total or partial non-compliance with the obligations of these Terms and Conditions in the case of an event of force majeure as referred to in Article 1148 of the Civil Code (war, riots, insurrection, social unrest, strikes of any kind.)

lara kleoh will notify the Customer by email of any event that prevents the company from completing the order. The Customer will have the opportunity to cancel the current order. The refund would be made under the conditions set out in these terms and conditions. 

No element of the Site, including editorial content graphics, photographs, labels, videos, images, designs, drawings, logos and trademarks may be copied, reproduced, modified, downloaded, published, republished, transmitted or distributed in any form or by any means whatsoever without the prior written consent of lara kleoh SAS. Jewelry models are protected by copyright. Any unauthorized use of the materials appearing on this Site may constitute a violation of regulations or legislation relating to copyright, trademarks or any other applicable legislation, and is subject to the penalties provided for by law. All rights reserved.

lara kleoh is the controller for the processing of personal data collected via the website. The purpose of the processing is the commercial management of jewelry orders placed through the website www.larakleoh.com, mailing, commercial prospecting, newsletters and audience analysis of the website www.larakleoh.com. The following private data may be processed: first and last names, mailing address, email address, customer telephone number and user IP address.

This information is not shared with third parties or resold under any circumstances.

Your private data such as your name, address, telephone number and bank details are protected in accordance with European Regulation 2016/679 or the General Data Protection Regulation (GDPR) applicable since May 25, 2018. It is kept for the time necessary to carry out the processing purposes (as long as the customer account is open and three years after the end of the last order or the closure of the account).

Bank information is never in the possession of lara kleoh. Transactions are fully processed by our partner’s secure payment module.

The archiving of purchase orders and invoices is carried out on a reliable and durable medium in order to constitute a faithful and durable copy. These purchase orders and invoices may be produced as proof of the contract.

Client’s rights relating to the collection and processing of their personal data

lara kleoh reserves the right to collect data about the Customer through the use of cookies in order to improve the personalized service for the Customer.

When creating the Customer account, the Customer must ensure the secrecy and security of the password, as well as access to her/his account. lara kleoh cannot be held responsible for any fraudulent use of the Customer account.

In accordance with the Data Protection Act of January 6, 1978, as amended by the law of June1, 2019, the Customer has the right to access, rectify, transfer, limit, oppose and delete personal data concerning her/him. The customer can make a request by sending an email to: info@larakleoh.com specifying the first and last names and address. 

For more information, you can contact the CNIL.

Disclosure and security

Your information is protected by measures that reduce the risk of loss, unauthorized use and access, disclosure and modification.

The amount of personal information disclosed is the amount directly relevant and necessary to accomplish the specified purpose.

In doing so, we may disclose your personal information to authorized third party service providers who assist us in providing our services as:

-Payment provider to facilitate purchases.

-Service provider processing orders to facilitate order management, packaging and delivery.

-Marketing and advertising providers to personalize your experience.

Your information is protected by measures that reduce the risk of loss, misuse, unauthorized access, disclosure and modification.

If you have any questions about this privacy policy, please contact: info@larakleoh.com. 

You have the right to file a complaint with the CNIL.

It is important that the personal data we hold about you is accurate and up to date. Please inform us of any changes to your personal data as part of our relationship.

Applicable law – Disputes – Complaints – Mediation

Applicable law

These T&C are governed by French law subject to the mandatory rules of the Customer’s country of residence.

They are available in French, Spanish and Portuguese. In the event of difficulties of interpretation, the French version will take precedence over the other versions of the T&C.

Prior claim

In the event of a dispute, the Customer must first address her/his complaint to lara kleoh.

By mail: lara kleoh – 11 Rue La Vieuville – 75018 Paris – France 

By email: info@larakleoh.com

Request for mediation

The Customer may use a mediator for any dissatisfaction after having previously addressed a complaint to lara kleoh.

In the event that the complaint request to customer service is unsuccessful or in the absence of a response from this department within one month, the Customer has the opportunity to submit the dispute relating to the T&C against lara kleoh to the CMAP – Centre de Médiation et d’Arbitrage de Paris, consumer mediator to which lara kleoh belongs. CMAP will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution.

To submit a request for mediation, the Customer has a complaint form available on the CMAP website: www.cmap.fr, by clicking on the tab “you are: a consumer,” and sending your request by regular or registered mail to the CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or by email to consommation@cmap.fr.

The Parties remain free:

– to accept or refuse the use of mediation.

– in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.

The use of mediation is an alternative mechanism that is not a prerequisite for legal action.

SAMPLE WITHDRAWAL FORM

(Please complete and return this form only if you wish to withdraw from the contract.)

To the attention of [the professional inserts her/his name, geographical address and email address]: 

I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the good (*) below:

Ordered on (*)/received on (*): 

Name of the consumer(s): 

Address of the consumer(s): 

Signature of the consumer(s) (only if this form is submitted on paper): 

Date: 

(*) Line out word/phrase that does not apply.