General Conditions of Sale

(Last updated on: November 11, 2020)

1- GENERAL PROVISIONS

These general conditions of sale apply between:
- the company TAKE CARE , Micro Entrepreneur status, registered in the trade and companies register, under number 880 279 278, VAT not applicable (art. 293 B of the CGI) whose head office is located at 3 rue du jura, 74100 Annemasse
TAKE CARE can be contacted by mail (TAKE CARE, 3 rue du jura, 74100 Annemasse), and by email (hello@take-care.shop).
– and any adult natural person (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 (the “Site”)

By checking the box relating to acceptance of the General Terms and Conditions of Sale ("GTC") when ordering and/or creating a customer account, the Customer declares to have read, understood and accepted without reservation the GTC. The Customer who does not agree to be bound by these general terms and conditions must not place an order on the Site.

TAKE CARE reserves the right to adapt or modify these general terms and conditions of sale at any time. In the event of a modification, the general terms and conditions of sale in effect on the date of the order will apply to each order. It is therefore the Customer's responsibility to refer to these terms and conditions when confirming each order.

The General Conditions of Sale are made available to Customers on the Website www.take-care.shop where they can be consulted directly.

2- CUSTOMER ACCOUNT

By registering on the website www.take-care.shop, the Customer is required to provide complete, accurate, and up-to-date information, and that it is neither intended nor intended to cause confusion with a third party, mislead about their identity, or infringe TAKE CARE or the rights of third parties. In the event of an error, the Customer may modify their information in their customer account.

The information provided is confidential and neither the password nor the login email should be communicated to a third party.

3- PRODUCTS AND AVAILABILITY

The essential characteristics of each product are presented within each of the product sheets.

The products sold are photographed and described as accurately and faithfully as possible. However, the colors, dimensions, textures, and other characteristics of the products may be altered by the screens or internet browsers used to view them. Since all jewelry is handmade, each piece is unique. Errors or omissions are possible.

Availability may vary within a single day depending on sales levels. TAKE CARE updates availability very frequently, but cannot be held responsible if the stock is no longer the same as indicated. More precise information may be provided to the Customer by email. In the event of unavailability of products after the order has been placed, the Customer will be informed by email or telephone as soon as possible and will be offered either a change of model or a refund of the price of the products.

4 – PRICES

The prices listed on the Site are inclusive of VAT in euros. Prices do not include French VAT because TAKE CARE is represented by LENAELLE BIGNON, who, as 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 on that date.

For Customers residing outside the European Union and in the French Overseas Territories, it is specified that the prices displayed on the site are invoiced excluding customs taxes. Payment of these possible charges upon entry of the ordered products into the delivery territory is the responsibility of the Customer.

5 – ORDER

The Customer can place an order with TAKE CARE online 24/7. Any order constitutes acceptance of the prices and description of the products available for sale.
The ordering process consists of successive steps. Once the product selection 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 “validate order” button

2- Identify yourself either as a customer by entering your email address and password, which are strictly personal, or by providing all the information usually requested for online registration.

4 – Provide the information required for delivery. In particular, the precise delivery address and any accessibility restrictions at the delivery location (building, floor, digital code, etc.)

5 – Choose a delivery method

6 – Choose a payment method

7 – Accept these T&Cs without reservation and click on “Order”

An email is automatically sent to the customer to confirm the order, provided that the email address provided in the registration form is correct. This email is accompanied by the purchase invoice. The customer can also find their invoice in their online account. The invoice is not included with the package.
TAKE CARE keeps an electronic copy of each invoice.

6 – PAYMENT AND SECURITY

TAKE CARE will be entitled to refuse any order placed by a customer with whom there is a dispute relating to the payment of a previous order as well as any order not in accordance with these General Conditions of Sale.

The entire payment must be carried out on the day of the order, at the customer's choice:

• Payment by bank card (Visa, MasterCard, Carte Bleue): The Customer can pay by credit card: in this case, payment is made on the website of our partner Stripe. This means that no banking information is transmitted via the website www.take-care.shop. The details of the credit card used are encrypted using the SSL (Secure Socket Layer) protocol and are never transmitted unencrypted over the network.
• Payment by Paypal: TAKE CARE does not store any details relating to the Client's banking information. Payment by PayPal is available directly by credit card or via the PayPal account created by the Client.

Payment control: As part of an order verification procedure designed to ensure that no one uses another person's bank details without their knowledge, the Customer may be asked to send a copy of an identity document and proof of address to TAKE CARE by email. The order will only be validated 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 latter will be deemed automatically cancelled.

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 amount owed by the Customer 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 site and the payment of an order.

The Customer guarantees to TAKE CARE that he has the necessary authorizations to use the payment method when placing the Order.

7 – DELIVERY AND DEADLINES

The product(s) offered on the Site may be delivered to France and to any other country.
Orders placed online via the website www.take-care.shop are processed daily from Monday to Friday, excluding public holidays. TAKE CARE makes every effort to process and ship all orders placed before 10 a.m. the same day; however, the processing and preparation time for an order may be longer depending on the item and may take between 1 and 3 business days.

An email is automatically sent to the Customer when the products are shipped, provided that the email address provided in the registration form does not contain any errors. Upon receipt of the shipping confirmation email, the Customer can take into account the carrier delivery times announced below.

Price and delivery time:

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 public holidays.

Delivery tracking: The Customer will be able to track their delivery with the shipment number of their 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 all responsibility for any extension of delivery times due to the carrier, particularly in the event of bad weather, strikes, or force majeure.

Delivery problem: In case input error (including incorrect or incomplete delivery addresses), 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 an input error by the Customer will be the sole responsibility of the Customer. Once the order has been validated and paid, the address can no longer be changed.

In the case of a delay in delivery in relation to the deadlines announced by the carriers, the Customer must contact as a priority the carrier or its distribution office in the case of La Poste, to see if the package is pending. If necessary, the Customer can contact TAKE CARE customer service by telephone or email to open a dispute or investigation file to search for the package.

TAKE CARE will also not be liable if the non-receipt of the products is due to the actions of a third party outside its control or in the event of theft.

In the event of delivery by CHRONOPOST and in the absence of the customer, the latter will be informed of the attempted delivery by a delivery notice from the carrier and the procedures for collecting the package. In the event of the order being returned due to the absence of the Customer, our customer service will contact the Customer for a second delivery at the Customer's expense.

In case of non-receipt of the package despite the delivered status of the latter visible in the delivery tracking, the customer can contact TAKE CARE at hello@take-care.shop for further information.

The customer is required to report any missing items from the order that have not been previously reported as missing 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. After this deadline, 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 14 days to exercise his right of withdrawal without having to pay any penalties, except for the cost of returning the products concerned. This period starts from the day the Customer receives the goods. The return costs are the responsibility of the Customer.

The refund does not include shipping or return shipping costs. In the event of a refund request, TAKE CARE will make every effort to reimburse the Customer within a 30-day period.
In case of request for refund of an order benefiting from the “1 free bracelet” offer , the price of each bracelet (and therefore its refund) is equivalent to the total price of the order (without shipping costs) divided by the number of bracelets. Example: for an order of 4 bracelets for which the order amount is €59.97, each bracelet is worth €14.99 (€59.97 / 4) when refunded.

The return request can be done by contacting TAKE CARE customer service, via the contact form or by email at hello@take-care.shop.

Returned products must be intact and in their original packaging. They must not have suffered any deterioration, however minimal, and must be perfectly clean. Any product that is damaged, incomplete, or whose original packaging is damaged, will not be refunded or exchanged.

The products are packaged in such a way as to comply with the current transport standards, and to ensure optimal protection of the products during their delivery. The Customer is asked to respect these same standards when returning a product, whether for after-sales service, or when returning for exchange/refund. In the event of a product return, if we find that the product is returned to us damaged due to insufficient quality packaging, TAKE CARE may decide to only partially refund the product or to refuse to refund it if it is not possible to resell it in its original condition.

TAKE CARE suggests that the Customer return their products by registered mail or with additional insurance, guaranteeing, where applicable, compensation for the products up to their actual market value in the event of theft or loss of the goods. In all cases, the return is at the Customer's risk. It is the customer's responsibility to retain all proof of return. Return costs are the responsibility of 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 cover the cost of returning the item. The customer must send the carrier's invoice to TAKE CARE to obtain compensation.

9 – RESPONSIBILITY

The products offered comply with current French legislation and the standards applicable in France. TAKE CARE cannot be held liable for non-compliance with the legislation of the country where the product is delivered. It is the Customer's responsibility to check with local authorities regarding the import or use of the products you plan to order.

TAKE CARE cannot be held responsible for any unavailability, whether temporary or permanent, of the website. Although it makes every effort to ensure the service is available at all times, it may be interrupted at any time. Furthermore, the company reserves the right, by voluntary action, to make the website unavailable in order to carry out any update, improvement, or maintenance operations.

As mentioned above, TAKE CARE cannot under any circumstances be held responsible for delays in delivery for reasons beyond its control, independent of its will, unforeseeable and irresistible or for which it cannot be held responsible.

10 – INTELLECTUAL PROPERTY

The texts, comments, images, photos, and illustrations on the Site are protected by copyright. As such, and in accordance with the Intellectual Property Code, any total or partial reproduction is strictly prohibited.

11 – APPLICABLE LAW

The law governing these Terms and Conditions is French law. Any dispute that may arise between TAKE CARE and a Customer during the execution of these Terms and Conditions will be subject to an attempt at amicable resolution. Failing this, disputes will be brought to the attention of the competent courts of common law.