TERMS AND CONDITIONS OF SALE - Color Stone - Mashandy

1. Purpose :

Color Stone, a simplified joint-stock company with a capital of €7,500.00, registered with the Trade and Companies Register of Annecy under number 888889177, represented by its director, and with its head office located at 115 rue Charles Feige, 74120 Megève, France. Color Stone specializes in the manufacture and distribution of jewelry pieces, particularly under the Mashandy brand, to non-professional customers and distributors. These jewelry items are available for sale in our store located in Megève, France, as well as at national and international fairs and exhibitions. These terms and conditions of sale (hereinafter referred to as T&Cs) aim to define the rights and obligations of the parties arising from the sale of available or made-to-order jewelry items. They govern the necessary steps for the execution of orders between the parties. Jewelry items refer to creations such as rings, earrings, bracelets, necklaces, and all objects, sculptures in bronze and gold, or titanium and gold, whether set with precious/semi-precious stones or not, mainly manufactured under the Mashandy brand. These are unique and/or custom-made creations, numbered to guarantee their exclusivity. As such, the customer/distributor will not be entitled to any right of withdrawal after the sale or acceptance of the quote, regardless of where the sale took place (store, fair, etc.). Any service performed by Color Stone thus implies the customer’s/distributor’s unreserved acceptance of these terms and conditions of sale. The customer/distributor must be aware of them no later than the day of the order. Color Stone reserves the right to modify these terms and conditions of sale at any time. The applicable terms and conditions of sale are those in effect on the date the order is placed.

2. Place of Sale and Design:

Sales are conducted at the company’s headquarters located at 115 rue Charles Feige in Megève, France. Sales may also occur during national and international events. The custom design service (sketches, wax molding, etc.) is performed on-site at the company’s headquarters and presented to the customer in the store. Upon the customer’s express request, the sketch can be delivered to them by any means, without altering the terms and characteristics of the sale or the place of conclusion of the sales contract. The final design document will be attached to the quote. Approval of the quote implies acceptance by the customer of the design created and proposed by the design service.

3. Order :

For any request to customize a piece of jewelry, Color Stone issues a quote submitted to the customer/distributor. The quote, based on the design proposal, is approved by the customer, including the choice of set stone, which is also chosen by the customer. Based on the accepted quote, Color Stone issues an order confirmation. The customer/distributor is informed that it is their responsibility to provide Color Stone with the information required by the legislation in force on the day of the order, including all documents and information required by the Monetary and Financial Code, ordinance no. 2020-115 of February 12, 2020. The customer is informed that the information and documents provided for this purpose are retained by Color Stone for 5 years to meet legal obligations. The order is considered final only after Color Stone issues the order confirmation, which occurs after receipt of the documents and information required to comply with the provisions of the aforementioned ordinance no. 2020-115 and payment by the customer. From the moment Color Stone confirms the order, it is deemed firm and final. Any cancellation of the order after the order confirmation and before production will result in a design fee charge, estimated at 10% of the total order value, in addition to penalties corresponding to the deposit paid by Color Stone for the acquisition of the stone selected for the order by the customer/distributor. If the cancellation request occurs after production has begun, the customer/distributor will be liable for the full amount of the order. Manufacturing times in the workshop can vary between one and two months, depending on the complexity of the jewelry design and the materials selected by the customer/distributor. Ordering a specific stone may extend the timeframe, and the customer/distributor will be informed of this in the order confirmation. An extension of the manufacturing timeframe communicated for informational purposes cannot lead to compensation or order cancellation.

4. Price and Payment Terms of the Order :

4.1. Price Schedule :

The prices of jewelry items are indicated in the store for available items. For custom-made and personalized creations, prices are determined during the selection of specifications, considering the materials and precious/semi-precious stones chosen by the customer. All prices are expressed in euros and payable in euros regardless of the country of origin of the payment. The prices indicated on the quote include all applicable taxes and delivery charges if applicable. The final price of custom-made and personalized creations is established considering the costs of the materials necessary for the creation of the jewelry, including the setting in bronze and gold or titanium and gold, and the precious/semi-precious stones chosen by the customer. Prices may vary depending on the market rates of materials on the day of the quote. Since each creation is unique, the price is determined at the time of product customization and the customer’s acceptance of the quote. If an order confirmation is not received within 30 days from the transmission of the quote, the quote may be re-evaluated to account for changes in the costs of materials or stones that have occurred.

4.2. Payment Terms:

Payment is made in full by bank transfer or credit card, according to the specific terms outlined in the quote. Payment includes the amount specified in the quote and accepted by the customer, taxes, banking fees, commissions, and exchange fees at the customer’s expense. In the case of a tax-free sale, the customer will be responsible for the import taxes of their country of residence. The payment terms and deadlines for the distributor are expressly stated in the order confirmation and may not exceed the deadlines provided by the Commercial Code (articles L441-10 and L441-11). In case of late payment, a fixed indemnity of 10% will be applied to the amounts due, in addition to the application of an interest rate equal to three times the interest rate applied by the Banque de France. In this respect, it is recalled: “II. – The payment terms mentioned in I of Article L. 441-1 specify the conditions of application and the interest rate of the late payment penalties payable the day after the payment date stated on the invoice as well as the amount of the fixed indemnity for collection costs due to the creditor in case the amounts due are paid after this date. Unless otherwise specified, which cannot set a rate lower than three times the legal interest rate, this rate is equal to the interest rate applied by the European Central Bank to its most recent refinancing operation increased by 10 percentage points. In this case, the rate applicable during the first half of the concerned year is the rate in force on January 1 of that year. For the second half of the concerned year, it is the rate in force on July 1 of that year. Late payment penalties are payable without the need for a reminder. Any professional in a situation of late payment is automatically liable, towards the creditor, for a fixed indemnity for collection costs, the amount of which is set by decree. When the collection costs incurred are higher than this fixed indemnity, the creditor may request additional compensation, upon justification. However, the creditor cannot claim the benefit of these indemnities when the opening of a safeguard, recovery, or judicial liquidation procedure prohibits the payment of the debt due at its maturity.”

4.3. Retention of Title Clause :

The jewelry will remain the exclusive property of Color Stone until full payment is received. The risks associated with the item are transferred to the distributor upon receipt (handover to the shipping company), and it is the distributor’s responsibility to insure the jewelry against any damage, including loss. The supplier’s right of pursuit will also apply, if necessary, to the price or part of the resale price of these goods, as well as to the insurance compensation that may be substituted for them. The distributor will take all necessary measures to duly inform their creditors in a timely manner.

5. Delivery :

The order can be collected in-store by appointment, after Color Stone has confirmed the availability of the order. At the request of the customer/distributor, the order can also be delivered, including internationally. Delivery costs are borne by the customer. Upon receipt of the order or collection in-store, the customer/distributor is required to check the conformity of the products. If they find that the products do not conform to the order, the customer must inform the seller as soon as possible, and no later than fifteen days, to return the items. In the case of in-store collection, the customer must report any non-conformity immediately.

6. Warranty :

To claim the warranty, the customer must provide proof of purchase in the form of a receipt or invoice. Upon receipt of the proof of purchase, detailed instructions will be provided to the customer on how to securely return the jewelry to Color Stone for inspection and any repairs covered by the warranty. These instructions are provided as recommendations and do not expose Color Stone to any liability in this regard. All correspondence or returns must be addressed to SAS Color Stone, Postal Address: 115 rue Charles Feige, 74120 Megève. Email: contact@mashandy.com

6.1. Legal Warranty of Conformity :

In the case of non-conformity with the order, Color Stone will take the necessary corrective actions to deliver the product corresponding to the customer’s/distributor’s initial order. In this case, Color Stone will cover the shipping costs after receiving the non-conforming order returned by the customer. In accordance with current regulations, all our jewelry is covered by a warranty against manufacturing defects upon delivery.

The warranty covers all manufacturing defects as well as issues related to the quality of the materials used, including precious stones and metals. The warranty does not apply to materials or precious/semi-precious stones provided by the customer for the creation of the jewelry or object. Repairs necessary due to manufacturing defects are covered at no additional cost. In the event of a conformity defect found upon receipt, Color Stone will correct the defects. If repair is not possible, the jewelry will be replaced. The maintenance of the patina on the first ring purchased by the customer will be offered. This service maintains the original appearance of the bronze patina. This complimentary service is purely commercial and exclusive of any other maintenance or modification of the jewelry and does not constitute any acknowledgment of liability by Color Stone.

6.2. Legal Warranty Against Hidden Defects :

The customer is informed that bronze jewelry, by the nature of the material, may have its appearance altered with use, and this alteration is part of the spirit of the creations, which are meant to evolve over time. The products are covered by the legal warranty against hidden defects, protecting the buyer against any non-apparent defect that makes the product unsuitable for its intended use or significantly diminishes its use. In the event of a discovered hidden defect, the buyer must immediately inform Color Stone. After verification by Color Stone, the jewelry may be repaired, or if repair is impossible, a partial or full refund may be offered to the customer, taking into account the condition of the jewelry and its usage. Any modification or work carried out on the jewelry by a third party after delivery will void the warranty and release Color Stone from any obligation related to the product warranty in any capacity.

6.3. Exclusions from Warranty :

The following are not covered by the warranty:
– Normal Wear and Tear: Damage resulting from normal daily wear is not covered;
– Misuse: Damage caused by improper handling, impacts, or exposure to chemicals is not covered;
– Damage from Accidental Events or External Causes: Any deterioration resulting from an accidental event or, more generally, from an external cause;
– Loss or Theft: The warranty does not cover loss or theft of the item.

7. Force Majeure :

The seller’s obligations under these terms are suspended in the event of an unforeseeable circumstance or force majeure that prevents their execution. The seller will inform the customer of the occurrence of such an event as soon as possible.

8. Intellectual Property Rights :

All creations, designs, and illustrations of the Mashandy jewelry collection are the exclusive intellectual property of Color Stone. Any reproduction, in whole or in part, of the creations and distinctive signs of the Mashandy collection, including logos, trademarks, images, graphics, designs and models, photographs, videos, texts, etc., for any purpose other than private use is strictly prohibited without the express, written, and prior authorization of Color Stone. The use of logos, trademarks, images, graphics, designs and models, photographs, videos, and texts may be subject to a financial counterpart, and any violation of this prohibition constitutes counterfeiting and is punishable under the protective provisions of Intellectual Property laws and regulations applicable under French and European law without constituting a license for other countries.

9. Dispute Resolution :

All clauses in these terms and conditions of sale, as well as all purchase and sale operations referred to herein, will be governed by French law. In accordance with the provisions of Articles L.611-2 and L.612-2 and following of the Consumer Code, the customer is informed that they will also have the possibility of using a consumer mediator: AME CONSO, 197 Boulevard Saint-Germain, PARIS 75007, mediationconso-ame.com. Any dispute relating to these Terms and Conditions of Sale will be subject to the exclusive jurisdiction of the judicial court of Annecy, located near our headquarters in Megève, France.