General Conditions of Sale (GCS)

These General Conditions of Sale govern the sale of Products marketed by the company EI BONNEMERE, a company registered with the Trade Register in France under the Siren number 904916319 and whose head office is located at 113 rue Générale 95130 Franconville (hereinafter “HINAHYA BIJOUX”), with any adult natural person acting exclusively within the strict framework of their personal needs and making a purchase from HINAHYA BIJOUX.

HINAHYA BIJOUX and the Customer are referred to individually as “a Party” and jointly as “the Parties”.

By placing an Order, the Customer expresses his unconditional agreement to be subject to these General Conditions of Sale by clicking on the box:

“I expressly accept the General Conditions of Sale and declare that I have read the HINAHYA BIJOUX Privacy Policy.”

Article 1: Definitions

This article defines the essential terms contained in these General Conditions of Sale. The terms whose first letter appears in capital letters will have the meaning attributed to them in this article, whether they are in the singular or the plural:

• “General Conditions of Sale”: Refers to these General Conditions of Sale in their current version, accessible on the Site and accepted by the Customer when validating their Order.

• “Contract”: Refers to the sales contract formed between the Customer and HINAHYA BIJOUX, which has as its object the sale of Products, concluded when placing an Order and accepting these General Conditions of Sale.

• “Order”: Refers to any order for a Product placed by the Customer with HINAHYA BIJOUX via the Site.

• “Consumer”: Refers to any natural person who acts within the framework of their strictly personal needs and who places an Order for one or more Products through the Site.

• “Personal Data” or “Data”: Means any data that allows a natural person to be directly or indirectly identified, such as surname, first name, email address, postal address, telephone number, etc.

• “Product”: Refers to any product offered for sale by the company HINAHYA BIJOUX on the Site (in particular jewelry and accessories).

• “Site”: Refers to the website published by HINAHYA BIJOUX accessible at the following URL address: https://www.hinahyabijoux.com.

Article 2: Acknowledgement and acceptance of the T&Cs

These General Conditions of Sale can be viewed on the Site and when placing the Order.

Consequently, the Customer who places an Order with HINAHYA BIJOUX expressly declares having read and accepted these General Conditions of Sale.

The General Conditions of Sale constitute the legal basis of the Contracts concluded between the Customer and HINAHYA BIJOUX.

They override any contrary clauses, printed or not, proposed by the Customer, provided that they have not been explicitly and expressly accepted by HINAHYA BIJOUX.

By placing an Order for a Product on the Site, the Customer declares having read these General Conditions of Sale and accepts all the provisions and rules established without any reservation.

Article 3: Information on Orders

3.1. Conditions for placing an Order

The Customer expressly declares that he/she is at least eighteen (18) years old and has the legal capacity necessary to place and honor any Order or to hold parental authorization allowing him/her to place and honor any Order, and to be able to provide proof of this at any time upon simple request from HINAHYA BIJOUX.

When registering the Customer's personal data in the "My Account" section, the latter must ensure the accuracy and completeness of the mandatory data he provides.

In the event of an error in the wording of the recipient's contact details, HINAHYA BIJOUX cannot be held responsible for the impossibility of delivering the product. SK Corporation reserves the right to cancel any order when the Customer's IP address is domiciled in a country different from the billing and/or delivery address.

3.2. Product Information

In accordance with the provisions of Articles L.111-1 et seq. of the Consumer Code, the Customer may, prior to placing an Order, find out on the Site the essential characteristics of the Product(s) he/she wishes to order by clicking on the Product, as well as the name of the manufacturers and creators.

HINAHYA BIJOUX undertakes to present its Products fairly and to provide all useful information to its Customers for each Product (standards, use, properties, expected results).

While taking the greatest care in posting the information and data available on the Site and updating them, HINAHYA BIJOUX cannot be held responsible for any inaccuracies, errors or omissions that may have crept into the description of the Products communicated to it by the manufacturers and creators of said Products.

Likewise, the photographs and graphics in the digital catalogue which illustrate the Products are indicative and do not enter into the contractual field.

In any event, in the event of non-conformity of the Product delivered in relation to its description on the Site, the Customer may:

• Exercise your right of withdrawal described in Article VI below.

• Implement the HINAHYA BIJOUX guarantee of conformity, which will proceed, where appropriate, to the exchange, reimbursement of the price (in whole or in part) possibly invoiced, or to the issue of a credit corresponding to the price of the Product(s) concerned by the exercise of the right of withdrawal. This credit will be valid on a future order placed within one year from its issue.

HINAHYA BIJOUX invites the Customer to refer to the description of each Product to know its precise characteristics.

In case of doubt or if the Customer would like additional information, he/she is invited to contact HINAHYA BIJOUX before placing an Order at the following email address: hinahyabijoux@gmail.com.

In any event, when a Product does not or no longer complies with the legislation or regulations in force, or when it is identified as presenting a potential risk to the safety of people, it may be removed from the Site or temporarily suspended by HINAHYA BIJOUX.

The Products presented by HINAHYA BIJOUX are valid while stocks last.

Article 4: Availability of Products

In any event, it is understood and understood by the Parties that the offers of Products presented are valid within the limits of available stocks.

In the event of total or partial unavailability of the Products after placing the Order, HYNAHYA BIJOUX undertakes to inform the Customer by email of the delivery of a partial order or the cancellation of their order.

In the event of unavailability of the product, the customer then has the option of:

either to be delivered a product of equivalent quality and price;
either to be reimbursed for the price of the product ordered by exercising the right of withdrawal set out in the T&Cs;
or to benefit from a credit which will be valid on a future order placed within one year from its issue.

In these circumstances, the delivery costs of a new product will be borne by HYNAHYA BIJOUX.

Article 5: Financial conditions

5.1. Price

For all Products, the Customer will find on the Site prices displayed in euros (€) including all taxes, as well as the applicable delivery costs. It is understood that the prices of the Products referenced on the Site are not negotiable.

Prices include in particular value added tax (VAT) at the rate in effect on the order date. Any change in the applicable rate may impact the price of the Products from the date the new rate comes into effect.

The applicable VAT rate is expressed as a percentage of the value of the Product sold.

As previously indicated, HINAHYA BIJOUX reserves the right not to deliver the Products ordered by the Customer if the price has not been previously paid in full.

Delivery costs are clearly indicated to the Customer before the Order is placed.

The Customer acknowledges that, depending on the country or overseas department of delivery chosen at the time of ordering, he may have to pay customs and/or import duties depending on the legislation in force in said country or overseas department.

These rights and sums are not the responsibility of HINAHYA BIJOUX, they are therefore the responsibility of the Customer who is invited to inquire about these aspects with the local authorities.

The total price of the order (including all taxes and shipping costs) is indicated in the shopping cart. It is payable in full and in a single payment at the time of ordering.

5.2. Payment – Terms

Payment for the Order occurs at the time the Order is placed.

Payment for the Order is made by credit card payment or by Paypal transfer via the Site.

It is expressly understood between the Parties that HINAHYA BIJOUX may cancel, automatically and without notice, the Order in the event of non-payment, fraudulent payment, fraud or attempted fraud.

In addition, HINAHYA BIJOUX reserves the right to implement a payment control system.

The Customer must carry out the control procedure and not attempt to circumvent it; failing this, the corresponding Order will be considered null and void.

Article 6: Delivery

6.1 Origin and destination

The Products may be delivered worldwide.

The Products are shipped to the delivery address that the Customer has indicated during the Order process.

6.2 Delivery time

HINAHYA BIJOUX undertakes to make every effort to ensure that the Products are delivered quickly.

The time taken to prepare an order before shipping Products in stock are processed within 2 to 8 days (working days) except in the event of a major order rush from the confirmation of the order.

Delivery times are given for information purposes only. HINAHYA BIJOUX cannot be held responsible for the consequences of a delay in delivery that is not its fault.

Delivery times are subject to change in the event of unforeseen events.

In any event, HINAHYA BIJOUX endeavours to keep the Customer informed of any delay in shipping of which it becomes aware.

If you have chosen the “tracked letter” delivery method, we assume no responsibility for packages that have been reported as having been delivered by the carrier. We do not issue any refunds or credits for packages that the carrier confirms delivery.

6.3 Delivery terms

In order to ensure rapid delivery, the Customer must provide their postal address and mobile phone number.

In these circumstances, it is expressly understood by the Parties that HINAHYA BIJOUX and the carrier cannot be held responsible for delays or difficulties encountered during delivery:

• if the Customer does not provide a valid and working mobile phone number;

• if the Customer does not respond to the carrier’s requests;

• if the address indicated or the contact details provided by the Customer prove to be inaccurate or imprecise.

6.4 Delivery rates

Delivery costs are the responsibility of the Customer and are calculated based on the delivery method and delivery destination.

The amount of these costs will be due by the Customer in addition to the price of the Products purchased.

The details of delivery times and costs are detailed on the Site, in particular when placing an Order.

6.5 Verification of the received Product and non-conformity

Before opening the packaging of the delivered Product, the Customer must ensure that the package received corresponds to his Order and that the package is delivered in good condition.

Any reservation regarding the delivery of a Product must be reported to HINAHYA BIJOUX.

Without prejudice to the provisions to be taken with respect to the carrier, complaints regarding apparent defects or non-conformity of the Product delivered to the Product ordered or to the shipping slip must be made in writing upon receipt of the Products, by email to the following address: hinahyabijoux@gmail.com

In the event of a lack of conformity, HINAHYA BIJOUX will be required to provide assistance to the Customer and propose a solution for repairing or replacing the non-compliant Product.

In such a case, HINAHYA BIJOUX will be responsible for the return at its own expense of the non-compliant Product on the condition that it has not suffered any additional damage beyond the lack of conformity and that the Product is returned in its original packaging.

In order for the Product to be returned to HINAHYA BIJOUX and for the Customer to benefit from a new delivery, it is imperative that the Customer provide proof of the non-conformity of the Product.

Article 7: Withdrawal

Subject to the exceptions defined in Article L.221-28 of the Consumer Code, the Customer has, in accordance with Article L.221-18 of the Consumer Code, a period of fourteen (14) days from receipt of the Product to exercise his right of withdrawal without justification or penalties.

When the period of fourteen days expires on a Saturday, Sunday or public holiday, it is extended until the next working day.

The Customer may exercise his right of withdrawal:

either by writing sent by post to the following address: Hinahya Bijoux Bonnemere, Carrer Fernanda Santamaria, N°118 - 03204 ELCHE - Spain

either by email to the following address: hinahyabijoux@gmail.com

The Customer is invited to use the following withdrawal form proposed by HINAHYA BIJOUX:

Exercising the right of withdrawal

To the attention of BONNEMERE /HINAHYA BIJOUX - Carrer Fernanda Santamaria, N°118 - 03204 ELCHE - Spain

I hereby notify you of my withdrawal from the contract for the sale of the goods below:

Order No.:

Received on:

Customer Name:

Customer Address:

Signature of the Client (only if this form is notified on paper):

Date :

In any event, the Customer must return the Product(s) without undue delay and, at the latest, within fourteen (14) days following the communication of his decision to withdraw, to the following address:

HINAHYA BIJOUX BONNEMERE – Carrer Fernanda Santamaria, N°118 - 03204 ELCHE -Spain.

The Products concerned must be returned by the Customer complete, in perfect condition and in their original packaging, placed in a blank cardboard box in order to allow these Products to be resold.

In order to facilitate the processing of returns, Customers are strongly recommended to clearly indicate the initial order number on their return.

HINAHYA BIJOUX reserves the right to refuse any return sent beyond the legal withdrawal period.

In order to avoid any dispute, Customers wishing to exercise their right of withdrawal are strongly recommended to return their Products in conditions similar to those of the initial shipment, with a declared value corresponding to the price of the initial order, and to keep all proof of their shipment (package number) until their order has been fully reimbursed.

In accordance with the provisions of Article L.221-24 of the Consumer Code, when the Customer validly exercises his right of withdrawal, HINAHYA BIJOUX undertakes to reimburse him for all sums paid, including outward delivery costs at standard cost, within fourteen (14) days from the date on which the Customer informed HINAHYA BIJOUX of his intention to withdraw, provided however that HINAHYA BIJOUX has recovered the Product(s) or that the Customer has provided formal proof of shipment of said Product.

The refund will be made using the same means of payment as was used for the initial transaction, unless the Customer expressly agrees to another means of refund; in any event, this refund will not incur any costs for the Customer.

Article 8: Reservation of Title

It is understood between the Parties that HINAHYA BIJOUX retains full ownership of the Products sold until full payment of the price.

These provisions do not prevent the transfer to the Customer of the risks of loss and deterioration of the Products sold upon delivery.

Article 9: Guarantees

The Customer benefits from the legal guarantee of hidden defects resulting from articles 1641 to 1649 of the Civil Code and the legal guarantee of conformity of articles L.217-4 et seq. of the Consumer Code.

In the event of a lack of conformity (Product unfit for the use usually expected of a similar Product, which does not correspond to the description given or which does not have the qualities announced by Hinahya Bijoux or agreed with the Customer) or a hidden defect in the Product (hidden defect in the Product sold which makes it unfit for the use for which it is intended, or which reduces this use so much that the Customer would not have acquired it, or would have paid a lower price for it, if he had known about it), and in compliance with the conditions set by law, the Customer may take action within two (2) years from the discovery of the defect (Article 1648 of the Civil Code) or from the delivery of the Product (Article L.217-8 et seq. of the Consumer Code).

In the event of a lack of conformity, the Customer has the choice between repairing the Product or replacing it. However, if this choice results in a cost that is clearly disproportionate for Hinahya Bijoux, it may proceed with the method not chosen. If the repair and replacement of the Product are impossible, the Customer may return it and have the price of the Product refunded or keep it and have part of the price refunded. The same option is available to him on the one hand, if the repair or replacement cannot be implemented within one month following his complaint or, on the other hand, if the repair or replacement causes him a major inconvenience.

In the event of a hidden defect in the item sold, the Customer may return the product and have the price refunded or keep it and have part of the price refunded.

In the event of a refund, the amounts paid in cash will be credited to the card used by the Customer to pay for their order.

It is recalled, as necessary, that (i) damage, deformation and destruction of the products as well as (ii) breakage and loss of stones, pearls or other decorative elements, which would be the result of external forces, shocks or handling defects are not covered by this guarantee.

Article 10: Personal Data

The information requested from the Customer is necessary for processing the Order and delivering the product.

For more information and/or to exercise his/her rights, the Client is invited to consult the Confidentiality Policy accessible on the Site.

Article 11: After-sales service

For any information, complaint or question relating to these General Conditions of Sale or to the Products, the Customer may contact the Hinahya Bijoux After-Sales Service, recalling, where applicable, his Order number, by the following means:

Email: hinahyabijoux@gmail.com

Article 13: Modifications to the T&Cs

These General Conditions of Sale are subject to modification.

In the event of modification of these General Conditions of Sale by Hinahya Bijoux, the contractual relations between Hinahya Bijoux and the Customer will be exclusively governed by the General Conditions of Sale accepted by the Customer on the date of the Order.

Article 14: Force Majeure

Hinahya Bijoux cannot and will not be held responsible for the non-performance of one of its obligations in the event that a force majeure event, as defined by law and case law, occurs.

Any unforeseeable, irresistible event beyond the control of Hinahya Bijoux is considered to be a case of force majeure.

Cases of force majeure include, in particular, total or partial strikes hindering the smooth running of the company or that of one of its suppliers, subcontractors or carriers, as well as the interruption of transport, the supply of energy, raw materials, equipment or Products of Hinahya Bijoux suppliers.

Article 15: Tolerance

The fact that Hinahya Bijoux does not assert at any given time any of the clauses of these General Conditions of Sale and/or tolerates a breach by the other Party of any of the obligations referred to in these General Conditions cannot be interpreted as a waiver by Hinahya Bijoux to assert subsequently any of the clauses and/or conditions.

Article 16: Intellectual property

The pages of the Site, databases, texts, logos, graphics, software, video extracts, sound extracts, photographs, images, distinctive signs, etc. appearing on the Site are likely to be protected by intellectual property law, in particular by copyright, image rights, related rights, database rights and trademark rights.

Hinahya Bijoux or the various creators of the Products referenced on the Site are the sole holders of the various intellectual property rights over these elements.

As such, it is expressly understood that the use and navigation of the Site does not confer any rights on the Visitor over the various elements mentioned above.

Consequently, any copy, reproduction, representation, adaptation, translation, modification, distribution and/or transformation, partial or complete, or transfer to another site of these data and contents, without the express written consent of the rights holder is likely to constitute an infringement of intellectual property rights, liable to legal action.

Article 17: Nullity

If any clause or stipulation of these General Terms and Conditions of Sale is deemed null, unwritten, unenforceable or inapplicable, said clause or stipulation shall be deemed divisible and shall not result in the nullity of the other clauses and stipulations.

Article 18: Applicable law & mediation

French law alone is applicable to relations between the Parties, subject to the mandatory rules applicable in the Client's country of residence.

Any dispute relating to the interpretation or execution of these terms and conditions will be subject to the jurisdiction of the French courts.

In the event of unresolved disputes between Hinahya Bijoux and the Consumer, the Consumer may contact the consumer mediator.

Before contacting the consumer mediator, the Consumer must have already attempted to resolve his dispute directly with Hinahya Bijoux by means of a written complaint or have made a complaint under the terms of the contract concluded.

Consumer mediation is an out-of-court settlement of consumer disputes.

If the conditions are met, consumer mediation will take place according to a precise process and in accordance with the texts in force.

The procedure is free for the consumer (R612-1 of the Consumer Code).

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General Conditions of Sale (GCS)