General terms of sale
The general terms that follow apply to all orders made by customers through our website. They have been updated as of 1st January 2017.
SECTION 1 – GENERAL TERMS OF SALE ONLINE – ACCEPTANCE OF TERMS
These General Terms of Sale (the “General Terms"), which define the rights and obligations of the parties of the distance sales contract, automatically apply to the contractual relationship between ANNELISE MICHELSON , SARL under French law with capital of 8 000.00 euros euros, whose head office is located at 39, rue Jacques Dulud, 92200 Neuilly sur Seine (France), registered in the NANTERRE Trade and Companies Register under No. 793 621 962 0033 18 and whose VAT number is FR25793621962 , and any Customer ordering Products (hereafter referred to as the “Customer”) on the Website https://www.annelisemichelson.com (hereafter referred to as the “Website”). Any order placed through the Website entails the Customer’s full and unconditional acceptance of the General Terms. Accordingly, by placing an order, the Customer agrees to abide by these General Terms and declares that the Products ordered are not intended for professional use.
No specific term or condition other than those of ANNELISE MICHELSONshall take precedence over these General Terms of Sale. Any conflicting clause will thus be non-binding, regardless of the time it may be brought to the attention of ANNELISE MICHELSON.
Furthermore, ANNELISE MICHELSONreserves the right to amend these General Terms at any time; however, such modifications can only apply to orders confirmed after these General Terms have been updated.
SECTION 2 – ORDERING PROCESS
Before placing an order, the Customer selects the desired Product. In so doing, the customer accepts the Product's specifications (particularly name, price, quantity, colour, specific details), which were sent to the Customer or appear on the Website.
The Customer must then enter specific personal data during the confirmation process that are necessary to ascertain his or her identity. These data include: first and last names, billing address, delivery address if different from the billing address, email address and telephone number.
The order can only be registered on the website if the customer is clearly identified on the website by entering their email address and password, which are strictly personal.After ticking the box indicating that he or she has read and understood the General Terms, the Customer confirms the order and proceeds to pay the purchase price and shipping costs by selecting the payment method, which can be either PayPal or Credit Card.
A summary of the order will be provided to the Customer via his or her Customer accountor by email after the order is confirmed. If the Customer fails to abide by these General Terms, in particular regarding order payment, ANNELISE MICHELSON reserves the right to suspend its services and, if necessary, suspend or terminate the Customer’s account. Prior to taking any measures to this effect, the Customer will receive notification as soon as possible, so that he or she can resolve the situation and dispute any claims made against him or her. Accordingly, ANNELISE MICHELSON reserves the right to reject any order made by a Customer with whom such an unsettled dispute exists.
In accordance with Section 11 of the General Terms, the Customer has the right to access, correct and object to any data pertaining to him or her that is stored by ANNELISE MICHELSON.
SECTION 3 – PRICES
The prices of the Products sold on the ANNELISE MICHELSON Website are indicated in euros, including all taxes, and are subject to change during the year. It should be noted, however, that the Products are billed at the price in effect when the Customer confirms the order.
The shipping costs are quoted separately upon confirmation of the order, before payment, and are based on the delivery option selected and the ordered Product's weight and characteristics. These shipping costs are thus billed in addition to the price of the Product(s) ordered, without exception, and are clearly stated.
For all Products delivered outside the European Union and outside French overseas departments and territories, ANNELISE MICHELSON advises the Customer that customs duties or other local taxes, import duties or national taxes may be due insofar as the Customer is considered the importer of these Products. ANNELISE MICHELSON is not liable for paying these duties and taxes. The Customer will be wholly responsible for such duties and taxes, both in terms of declarations and payments made to the appropriate authorities and government bodies of the importing country. ANNELISE MICHELSON advises the Customer to obtain such information from the local authorities of the importing country.
SECTION 4 – TERMS OF PAYMENT
To ensure the security of payments, the ANNELISE MICHELSON.com website uses the secured payment services of PayPal and Crédit du Nord. Payment will be made on the https://www.annelisemichelson.comwebsite via PayPal or by credit card (Visa, Master Card/Eurocard). The ordered Product(s) will be shipped after payment confirmation is received from the bank payment centres. If authorisation is refused, the Customer will be notified by email of the order's cancellation.
In any event, ANNELISE MICHELSON reserves the right to refuse any order or delivery in case of an existing dispute with the customer, namely total or partial non-payment of an order, a refused credit card payment or for any other reason which ANNELISE MICHELSON reserves the right to explain to his client. ANNELISE MICHELSON ‘sresponsibility will not be liable in this respect in any case.
Acceptance of the Customer’s order by ANNELISE MICHELSON is indicated by the order confirmation email that is sent to the Customer.
SECTION 5 – SHIPPING – AVAILABILITY
5.1 Product Availability
The Product offerings are valid as long as they appear on the Website, and as long as stocks last. If one of the Products is unavailable after the Customer has confirmed the order, the Customer will be notified by email of the time estimated to restock the product so that he or she can, if necessary, cancel the order or place a new order. In any event, the Customer’s account will be credited the amount of the ordered but undelivered product. The remainder of the order will be delivered under normal conditions, with the Customer having already agreed to a partial delivery.
5.2 Place of Delivery
Orders placed through our Website can be shipped anywhere in the world. All orders are shipped to the delivery address indicated at the time of placing the order or by default to the address indicated in the contact information section of the Customer's account. If the Customer has provided incorrect or insufficient contact information that results in the carrier returning the Product, it will be reshipped at the Customer’s expense.
5.3 Shipping Times
The shipping time specified in the order summary corresponds to the indicative shipping time , plus the processing and handling time.
In the event that the delivery is made by a carrier requiring a scheduled appointment with the Customer, the carrier will contact the Customer as soon as possible to agree on a delivery time. ANNELISE MICHELSON cannot be held liable for late deliveries due solely to the Customer's unavailability after multiple attempts by the carrier to schedule an appointment.
When the Customer orders multiple Products at the same time with different shipping times, the order's shipping time is calculated based on the longest product shipping time. However, ANNELISE MICHELSONreserves the right to split shipments. Shipping and handling costs will only be charged for a single shipment.
If shipping is delayed, the Customer will be notified by email of any possible changes to the delivery time that was indicated initially.
SECTION 6 – RETENTION OF TITLE
ANNELISE MICHELSON expressly reserves ownership of the Products delivered until payment in full of the agreed purchase price, plus interest if applicable. In the event of non-payment, ANNELISE MICHELSON may reclaim the Products. The provisions above shall not prevent the transfer to the Customer, upon acceptance of delivery, of the risk of loss or damage to the Products or the damage that they could cause.
SECTION 7 – RIGHT TO CANCEL – RETURNS
7.1. Exercising the Right to Cancel
The Customer has the right to cancel the order within fourteen days without providing a reason.
In order to exercise the right to cancel, the Customer must send notification of his or her decision to cancel the order through an unambiguous statement (for example a letter sent by post, fax or email) to the following address: ANNELISE MICHELSON- 39, rue Jacques Dulud - 92200 Neuilly sur Seine – France or firstname.lastname@example.org
In order to observe the cancellation period, the Customer should send his or her letter exercising the right to cancel before the cancellation period expires.
If the Customer decides to exercise the right to cancel, he or she will have to return the Product in its original packaging and its original condition, accompanied by the delivery slip and/or the corresponding invoice within fourteen calendar days from the date the return request was sent to ANNELISE MICHELSON. The Customer is considered to have respected this period if he or she sends the goods before the fourteen-day period expires. The returned Products will be sent at the Customer’s expense and risk. Products not accompanied by their original packaging or returned in a state unfit for resale may be rejected by our Returns Department and sent back to the Customer: in this case, no refund will be given.
Given the significant value of certain Products, the Customer is advised to insure the Products when returning them to ANNELISE MICHELSON to ensure that they are properly safeguarded and maintained until received by ANNELISE MICHELSON.
7.2. Refunds by G&L WATCHES AND ACCESSORIES
Any Product returned by a means that does not comply with the provisions set out in the sections above may not be accepted by ANNELISE MICHELSON. Accordingly, a refund may not be given or a claim may be made by ANNELISE MICHELSON for monetary compensation in accordance with the ascertained harm or damage to the Product.
ANNELISE MICHELSON will not provide a refund until the Products. ANNELISE MICHELSON is not responsible in case of failure of the means of transportIn the event of a Customer cancellation that is accepted by ANNELISE MICHELSON, ANNELISE MICHELSON will refund all payments received, including shipping costs (except additional costs due to the Customer's decision to select a shipping method other than the least expensive standard shipping method proposed, where applicable), in a timely manner not exceeding fourteen days as from the day on which ANNELISE MICHELSON is notified of the Customer's decision to cancel. ANNELISE MICHELSON will provide a refund using the same payment method used by the Customer for the initial transaction; in any event, the Customer will not incur any costs due to the refund.
7.3. Products Excluded from the Right to Cancel
In accordance with the regulations in force, the right to cancel cannot be exercised for Products that have been personalised or created as per the Customer's own specifications or for goods unwrapped by the Customer which cannot be returned for hygienic or health reasons.
SECTION 8 – LEGAL WARRANTIES
Under the terms of the French garantie légale de conformité (legal warranty), the Customer:
ANNELISE MICHELSON est tenue de la garantie légale de conformité des articles L. 217-4 à L. 217-12 du code de la consommation, et de celle relative aux défauts de la chose vendue résultant des articles 1641 à 1648 et 2232 du Code Civil.
ANNELISE MICHELSON is bound by the legal guarantee of conformity of the articles L. 217-4 to L. 217-12 of the French consumer Code, and that relating to the defects of the thing sold resulting from articles 1641 to 1648 and 2232 of the French Civil Code .
SECTION 9 – INTELLECTUAL PROPERTY
No element on the Website, in particular editorial and graphic content, photographs, logos and brands may be copied, reproduced, modified, downloaded, published, republished, transmitted or distributed in any way, shape or form without prior written consent from ANNELISE MICHELSON. Any unauthorised use of the elements appearing on this Website may constitute a violation of the regulations and laws governing copyrights, trademarks or any other applicable laws, and is subject to the penalties provided for in the applicable legislation.
SECTION 10 – PERSONAL DATA
The database containing data provided by the Customer has been declared and registered with the Commission Nationale de l'informatique et des libertés (French National Commission for Information Technology and Civil Liberties). In accordance with Law No. 78-17 of 6 January 1978, the Customer has the right to access, correct and object to all data pertaining to him or her and provided to ANNELISE MICHELSONduring fulfilment of the contract. The Customer may exercise these rights by contacting ANNELISE MICHELSONby email at the following address:
email@example.com.In accordance with the regulations in force, the Customer’s request must be signed and accompanied by a photocopy of some acceptable form of identification carrying his or her signature, and indicate an address where the Customer can receive a response. An answer will then be sent within 2 months upon receiving the request.
In addition, if the Customer so wishes upon his or her registration, ANNELISE MICHELSONwill be able to:
- send its promotional offers and newsletters, although any other use by third parties is unauthorised;
As a rule, ANNELISE MICHELSONwill only use this information within the strict limits of processing the Customer’s orders and generating statistics aimed at improving its Website and the services offered.
SECTION 11 – PROOF
Unless the Customer provides evidence to the contrary, the automatic record-keeping systems of ANNELISE MICHELSONare considered valid proof of the nature, content and date of the sales contract.
SECTION 12 – APPLICABLE LAW – DISPUTES – PROCESSING OF CLAIMS – MEDIATION
This contract is governed by French law. The language of this contract is French. In the event of a legal dispute, French courts shall have sole jurisdiction, subject to the constraints of the applicable legal provisions.
For any claims, please first contact the Customer Service Department at the following address: firstname.lastname@example.org.
In accordance with the rules applying to mediation, all consumer disputes must first be notified in writing to email@example.comCustomer Service Department prior to any requests for mediation.
If the dispute persists, the consumer is entitled to the free use of a consumer mediator to reach an amicable settlement with the seller, in accordance with Order No. 2015-1033 of 20 August 2015 relative to the out-of-court settlement of consumer disputes. The consumer has one year to contact a mediator, starting from his or her written claim against the seller.
In addition, the European Commission has created a dispute resolution platform aimed at receiving eventual claims from consumers following an online purchase in order to put them in contact with authorised national mediators.