General Terms and Conditions
(Last updated on: November 11, 2020)
1- GENERAL PROVISIONS
The present general terms and conditions apply between:
– the company TAKE CARE, status of Micro Entrepreneur, registered in the Trade and Companies Register, under number 880 279 278, VAT not applicable (art. 293 B of the CGI) whose headquarters are located at 3 rue du jura, 74100 Annemasse, France.
TAKE CARE can be reached by mail (TAKE CARE, 3 rue du jura, 74100 Annemasse), and by email (firstname.lastname@example.org).
– and any private individual over the legal age (hereinafter “the Customer”) acting exclusively within the framework of his personal needs, who consults or makes a purchase on the website www.take-care.shop (hereinafter the “Website”)
By ticking the box relating to the acceptance of the General Terms and Conditions (“GTC”) when ordering and/or creating a customer account, the Customer declares having read, understood and accepted the GTC without reservation. A Customer who does not accept to be bound by these Terms and Conditions must not place an order on the Website.
TAKE CARE reserves the right to adapt or modify at any time the present general terms and conditions. In case of modification, the general terms and conditions in force on the day of the order will be applied to each order. It is therefore up to the Customer to refer to them during each order validation.
The General Terms and Conditions are made available to Customers on the Website www.take-care.shop where they can be directly viewed.
2- CUSTOMER ACCOUNT
The registration on the website www.take-care.shop commits the Customer to provide complete, real, accurate and up-to-date information, and that it has neither the purpose nor the effect of confusing a third party, misleading its identity, or harming TAKE CARE or the rights of third parties. In case of error, the Customer has the possibility to modify his information in his customer account.
The indicated information is confidential and neither the password nor the login e-mail should be communicated to a third party.
3- PRODUCTS AND AVAILABILITY
The essential characteristics of each product are presented inside each of the product sheets.
The products sold are photographed and described in the most faithful and accurate way possible. However, the colors, dimensions, textures and other characteristics of the products may be altered by the screens or web browsers used to view them. Since the items of jewelry are all handcrafted, each piece is unique. Errors or omissions are possible.
Availability may vary within the same day depending on the level of sales. TAKE CARE updates availability very frequently, but cannot be held responsible if the stock is not the same as the one indicated. More precise information can be given to the Customer by e-mail. In case of unavailability of the products after registration of the order, the Customer will be informed by e-mail or telephone as soon as possible and will be proposed either a change of model or a refund of the price of the products.
4 – RATES
The prices shown on the Website are inclusive of all taxes in euros. The prices do not take into account the French VAT because TAKE CARE is represented by LENAELLE BIGNON who, being a micro-entrepreneur, is not subject to VAT.
TAKE CARE reserves the right to modify its prices at any time, but undertakes to apply the prices displayed at the time of your order, subject to availability at that date.
For Customers residing outside the territory of the European Union and in the French overseas departments and territories, it is specified that the prices displayed on the website are invoiced exclusive of customs taxes. The payment of these possible expenses at the entry of the ordered products on the territory of delivery is the responsibility of the Customer.
5 – ORDER
The Customer can place his or her order with TAKE CARE by internet 24 hours a day, 7 days a week. Any order implies acceptance of the prices and description of the products available for sale.
The ordering process consists of successive steps. Once the selection of products has been made, the size chosen and once on the shopping cart page, the Customer must:
1 – Check the selected products with the size options and the associated quantity
2 – Click on the button “validate the order”.
2- Identify yourself either as a customer by entering your email address and password, which are strictly personal, or by mentioning all the information usually requested for online registration.
4 – Indicate the information necessary for delivery. In particular, the precise delivery address as well as any restrictions of accessibility of the place of delivery (building, floor, digicode, etc.).
5 – Choose a delivery method
6 – Choose a method of payment
7 – Accept without reservation the present GTC and click on “Order”.
An e-mail is automatically sent to the customer to confirm the order provided that the e-mail address indicated in the registration form does not contain an error. This e-mail is accompanied by the purchase invoice. The Customer can also find his invoice in his online account. The invoice is not attached to the package.
TAKE CARE keeps an electronic copy of each invoice.
6 – PAYMENT AND SECURITY
TAKE CARE reserves the right to refuse any order placed by a customer with whom there is a dispute regarding the payment of a previous order, as well as any order that does not comply with these General Terms and Conditions.
The totality of the payment must be made on the day of the order, at the choice of the customer:
- Payment by credit card (Visa, MasterCard, Carte Bleue): The Customer may pay by credit card: in this case, payment is made on the website of our partner Stripe. This implies that no banking information transits via the www.take-care.shop website. The details of the credit card used are encrypted using SSL (Secure Socket Layer) protocol and never pass in clear on the network.
- Payment by PayPal: The Company TAKE CARE does not save any details relating to the Customer’s banking information. Payment by PayPal is available directly by credit card or via the PayPal account created by the Customer.
Control of payments: As part of an order verification procedure designed to ensure that no one uses another person’s bank details without his/her knowledge, the Customer may be asked to send a copy of an identity document and proof of address by e-mail to the TAKE CARE Company. The order will be validated only after receipt and verification by our services of the documents sent. If these documents are not received within 15 days following the placing of the order, the order will be deemed cancelled by right.
Default of Payment: The Company reserves the right to suspend or cancel any execution and/or delivery of an order, regardless of its nature and level of execution, in the event of non-payment or partial payment of any sum due by the Client to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the website and the payment of an order.
The Customer guarantees to the Company TAKE CARE that he has the necessary authorizations to use the method of payment when placing the Order.
7 – DELIVERY AND DEADLINES
The product(s) offered on the Website may be delivered in France and in any other country.
Orders placed online via the www.take-care.shop website are collected every day from Monday to Friday, except public holidays. TAKE CARE does its utmost to process and ship the same day any order placed before 10:00 a.m., however the processing and preparation time of an order can be extended depending on the items and can last between 1 and 3 working days.
An e-mail is automatically sent to the Customer at the time of shipment of the products provided that the e-mail address indicated in the registration form does not contain any errors. Upon receipt of the shipping confirmation email, the Customer can take into account the carrier delays announced below.
Price and delivery time:
The price and delivery time can be calculated on the shopping cart page, using the destination postal code.
These shipping times do not include Saturdays, Sundays and holidays.
Delivery tracking: The Customer will be able to track his delivery with the shipping number of his package on the website of the chosen carrier.
The shipping times indicated above are to be taken into account from the time the package leaves our premises. We decline any responsibility for the extension of delivery times due to the carrier, particularly in the event of bad weather, strikes or in the event of force majeure.
Delivery problem: In case of a data entry error (in particular an erroneous or incomplete delivery address), TAKE CARE cannot be held responsible for the consequences in terms of delay or impossibility of delivery. The Customer must ensure that the information provided is correct, and that it remains so until complete delivery of the product(s) ordered. All costs related to the possible reshipment of products due to a data entry error by the Customer will be at the exclusive charge of the Customer. Once the order has been validated and paid, the address can no longer be modified.
In the case of a delay in delivery compared to the deadlines announced by the carriers, the Customer must contact the carrier or his distribution office in the case of La Poste, as a priority, to see if the package is not pending. If necessary, the Customer may contact by telephone or e-mail the TAKE CARE customer service department to open a litigation or investigation file in order to search for the package.
TAKE CARE shall also not be liable if the non-receipt of the products is due to the fact of a third party outside its intervention or in case of theft.
In case of delivery by CHRONOPOST and in the absence of the customer, the latter will be informed of the attempted delivery by a notice of passage from the carrier and the modalities to recover his package. In the event of return of the order due to the Customer’s absence, our customer service department will contact the latter for a second delivery at his expense.
In the event of non-receipt of the package despite its delivery status being visible in the delivery follow-up, the Customer may contact TAKE CARE at email@example.com for further information.
The Customer is required to report any item missing from the order that has not previously been reported as missing from the order by our services. The deadline for doing so is 14 days, according to article L.133-3 of the French Commercial Code, to report any damage. Beyond this period, the claim will not be processed.
8 – RIGHT OF WITHDRAWAL, RETURN AND EXCHANGE
In the context of distance selling (without the simultaneous physical presence of the parties), the Customer has a period of 14 days to exercise his right of withdrawal without having to pay any penalty fees, with the exception of the cost of returning the products concerned. This period starts from the day of receipt of the goods by the Customer. The return costs shall be borne by the Customer.
Refunds do not include shipping costs or return costs. In case of a refund request, TAKE CARE will make every effort to reimburse the Customer within 30 days.
In case of a refund request for an order benefiting from the “1 free bracelet” offer, the price of each bracelet (and therefore of its refund) is equal to the total price of the order (without shipping costs) divided by the number of bracelets. Example for an order of 4 bracelets with an order value of 59.97€, each bracelet is worth 14.99€ (59.97 / 4) when refunded.
The return request can be made by contacting TAKE CARE customer service, through the contact form or by email at firstname.lastname@example.org.
Returned products must be intact, in their original packaging. They must not have suffered any deterioration, however slight, and in a perfectly clean condition. Any product that is damaged, incomplete, or whose original packaging has deteriorated will not be refunded or exchanged.
The products are packaged in such a way as to comply with the transport standards in force, and to ensure optimal protection of the products during their delivery. The Customer is asked to respect these same standards when returning a product either during after-sales service, or when returning for exchange/refund. In case of a product return, if we find that the product is damaged due to insufficient quality packaging, TAKE CARE may decide to only partially refund the product or to refuse to refund the product if it is impossible to resell it as is.
TAKE CARE suggests to Customer to return the products by registered mail or with an additional insurance, guaranteeing, if necessary, the compensation of the products up to their real market value in case of damage or loss of these goods. In all cases, the return is made at the Customer’s risk. It shall be the Customer’s responsibility to keep any proof of return. The return costs shall be borne by the Customer, who is free to choose the shipping method.
In the event of an error attributable to TAKE CARE (defective item or order preparation error), TAKE CARE will bear the cost of returning the item. The customer must send the carrier’s invoice to TAKE CARE for compensation.
9 – LIABILITY
The products offered are in conformity with the French legislation in force and the standards applicable in France. TAKE CARE cannot be held liable in case of non-compliance with the legislation of the country where the product is delivered. It is up to the Customer to check with the local authorities the possibilities of importing or using the products you plan to order.
The TAKE CARE company cannot be held liable for the unavailability, whether temporary or permanent, of the website and although it implements all its means in order to permanently ensure the service, it may be interrupted at any time. In addition, the company reserves the right, by a voluntary act, to make the website unavailable in order to carry out any update, improvement or maintenance operation.
As previously mentioned, TAKE CARE cannot be held liable for delays in delivery for reasons beyond its control, outside its sphere of action, unpredictable and unavoidable or for which it cannot be held liable.
10 – INTELLECTUAL PROPERTY
The texts, comments, images, photos and illustrations present on the Website are protected by copyright. As such and in accordance with the code of intellectual property, any total or partial reproduction is strictly prohibited.
11 – APPLICABLE LAW
The law governing the GTC/UCG is French law. Any dispute that may arise between TAKE CARE and a Customer during the execution of the present terms and conditions shall be subject to an attempt at amicable resolution. Failing this, the disputes will be brought to the attention of the competent courts of common law.