GENERAL TERMS AND CONDITIONS OF IN-STORE SALE MESSIKA GROUP

RUE DES CHAMPS ELYSEES

General Terms and Conditions of In-Store Sale applicable as from January 1st 2024

 

GENERAL TERMS AND CONDITIONS OF IN-STORE SALE - FRENCH VERSION : CLICK HERE

 

ARTICLE 1: SCOPE OF APPLICATION

These general terms and conditions of in-store sale (hereinafter the “Terms and Conditions”) apply, excluding all other documents, to all purchases on the customer’s own behalf (hereinafter the “Customer”) in relation to MESSIKA products (hereinafter the “Products” or “Product”), performed within any of the stores operated in its own right by MESSIKA GROUP (hereinafter the “Store”), namely the Store located on 52, Avenue des Champs-Elysées, 75008 Paris. Any contrary condition raised by the Customer shall, unless expressly accepted by the Store, be unenforceable against it. Specific conditions may however apply to a specific transaction or offer proposed to Customers in the Store, which in such case shall take precedence over these Terms and Conditions.

They determine the rights and obligations of the parties in the context of the sale of Products (hereinafter the “Sale”).

Sales performed in this context are reserved for consumers only, and any purchase for resale on a professional basis is strictly prohibited.

These Terms and Conditions are not intended to cover the purchase of products on MESSIKA’s website.

These Terms and Conditions do not apply to sales of custom products which are governed by the special terms and conditions communicated at such time and available by request.

These Terms and Conditions may be modified at any time by MESSIKA GROUP as the vendor identified in article 2 of these terms and conditions.

The Terms and Conditions applicable are those in force at the time of Sale.

 

ARTICLE 2: IDENTIFICATION OF AUTHOR OF OFFER

Products are sold by the company: MESSIKA GROUP, SAS [simplified joint-stock company] with share capital of €1,100,000, whose registered address is 64, rue La Fayette, 75009 PARIS, registered with the Paris Trade and Companies Register under number 301 293 999, holding EU VAT number FR22301293999 (hereinafter “MESSIKA”).

 

ARTICLE 3: PRODUCTS AND PRICE DISPLAY

The basic characteristics of the Products as well as prices are displayed on a specific label or display in the Store.

The price of Products is expressed in Euros, including tax, namely value-added tax at the legal rate in force.

Any purchase of a ring of a size smaller than 48 or larger than 60 shall be considered to order as defined in article 6, “Returns”. This order must be the subject of a prior quote, and may not be returned (see articles 6.2.2 “Products not accepted for returns” and 6.3 “Conditions for issue of a credit note”).

MESSIKA reserves the right to limit the quantities of MESSIKA products purchased by a Customer, and/or refuse any unusual or bad-faith transaction, where this would constitute “due cause” according to article L.121-11 of the Consumer Code.

 

ARTICLE 4: PAYMENT TERMS

Purchases must be paid for in full on the day of purchase, directly in the Store.

The Customer may pay for MESSIKA products by cash, bank/credit card or bank transfer.

Payment by cheque is not accepted.

In the event that, for any reason whatsoever (objection, refusal by issuer, etc.), the sums owed by the Customer to the Store cannot be debited, the purchase process shall be cancelled.

MESSIKA will not issue the product to the Customer without validation of the Customer’s payment.

The Customer guarantees that they have the necessary authorisation to use the selected payment method for the payment of their purchase.

 

4.1. Payment in cash

The store accepts cash payments as long as the amount is compatible with the legal thresholds in force in the country at the time of purchase.

Any payment of an amount exceeding the legal thresholds in force must be made using cashless payment methods (payment card or transfer).

 

4.2. Payment by bank card

The Store accepts “CB” cards, Visa, Eurocard/Mastercard, American Express, China Union Pay, Japan Credit Bureau, WeChat Pay, Alipay, Dinners, Discover.

 

4.3. Bank Transfer

The Store accepts payment by transfer received in Euros to our bank account registered in France.

MESSIKA’s bank must confirm receipt of the transfer before considering that payment has been made.

 

4.4 Payments in instalments financed by Alma

Messika gives private customers the ability to pay in several instalments (hereafter the "Financing"), thanks to our partner Alma, under the conditions defined below:

• The customer must have a bank card (Visa, Mastercard, CB, American Express), issued by a country approved by Alma (list subject to change, contact Alma);
• The amount of the Financing must be between €50 and €5,500 (including taxes);
• Only MESSIKA jewellery and accessories can be financed by Alma; delivery and after-sales services are excluded from the Financing 

 

It is specified that Alma's decision to accept or reject the Financing application is subject to banking secrecy, as Messika does not have access to this information or to Alma's acceptance criteria.

If the Financing is accepted by Alma, its execution is subject to the customer's acceptance of the credit agreement proposed by Alma.

The staggering of the corresponding repayments will be made by the customer exclusively to Alma.

If the financing is rejected by Alma, the customer will be able to pay cash using other payment methods offered by Messika (articles 4.1, 4.2 and 4.3 of the present document).

 

ARTICLE 5: SALES WITH SPECIFICITY

In the case of a Sale with Specificity (sales with tax exemption, export sales and sales with delivery within the European Union), this article takes precedence over the conditions of return set out in article 6 of the Terms and Conditions.

 

5.1. Tax-exempt sales

• The Product may not be returned once the tax exemption form has been validated by European Customs. The Product will then be definitively exported.
• The customer must view and comply with all obligations in order to obtain their tax-exemption. This information is available at http://globalblue.com/terms
• Neither Messika, nor our tax-exempt operator Global Blue, can be considered responsible for a refusal by Customs to validate the tax-exemption form.

 

5.2. Export sales

• Products purchased in-store or remotely with delivery by Messika outside the European Union, allowing the exemption of value added tax (VAT), are considered "Export Sales".
• Products purchased under Export Sales and having left the European Union cannot be returned. The Products are definitely exported.
• Deliveries will be made under the incoterm CIP [Carriage Insurance Paid]. The payment of duties and taxes in the country of arrival is the customer's sole responsibility.
• Delivery charges may be applied by Messika below a certain purchase threshold. Any applicable fees will be communicated to the customer prior to purchase.

 

5.3 Sales with delivery within the European Union

• Delivery charges may be applied by Messika below a certain purchase threshold. Any applicable fees will be communicated to the customer prior to purchase.

 

ARTICLE 6: RETURNS  

6.1. Refunds

MESSIKA will not refund any Product purchased in the Store.

 

6.2. Returns Policy

MESSIKA wishes to offer its Customers the option to return purchased Products under the following conditions.

 

6.2.1. Return conditions

MESSIKA allows its Customers to return purchased Products, so long as the following cumulative conditions are met:

• The exchange must be requested within a maximum of 30 days following the date of the invoice;
• The return request must be addressed to the Store in which the Product was purchased and the return can only be carried out there;
• The returned Product must be brand new, unused (not worn or engraved). Upon return of the Product, MESSIKA’s quality control will assess its condition;
• The product must be returned with:

        - The original box, fully intact,

        - The GIA certificate(s) issued upon purchase,

        - The authenticity card

 

6.2.2. Products not accepted for returns

Messika reserves the right to refuse to take back a Product in the following cases:

• Returned products that are incomplete, damaged, deteriorated, soiled or in any other condition that would reasonably suggest that they have been used or worn;
• Products that have been the subject of a return request more than twice successively;
• Products that were specially ordered such as the creation of an item at the Customer’s request;
• Products that were made to order such as ordering an unavailable item or in an unavailable size;
• Products customised to order such as engraved or modified items.

 

6.3. Exchanges

Subject to compliance with the return conditions provided in article 6.2.1, MESSIKA will provide an exchange as soon as possible.

• Exchanges only permit the returned product to be replaced with the same model in a different colour of gold and/or size.
• In the event of an increase in retail price between the date of purchase and the date of exchange, the Customer must pay the price difference.
• It is specified that in cases of gifts, the recipient of the gift may exchange it.

 

6.4. Credit notes

6.4.1. Conditions for issue of a credit note

If the Customer wishes to return their purchase for another model or if the product cannot be exchanged due to an unavailability of the Customer’s desired size or model, a credit note may be issued if:

• The Product meets the conditions provided in article 6.2.1.
• The Product is not included in the cases provided in article 6.2.2.

 

6.4.2. How a credit note is issued and used

If the product is declared compliant, MESSIKA will issue a credit note.

The credit note is personal and valid for one (1) year from its issue date, exclusively in the Store in which the purchase was made.

For gifts, the credit note cannot be issued in the recipient’s name, but the Customer’s name only.

The credit note cannot be swapped for cash or bought back, replaced or refunded if lost, stolen, illegible or expired. MESSIKA shall not be held responsible in the event of fraudulent use of the credit note by a third party.

 

ARTICLE 7: AFTER-SALES SERVICE

Depending on technical feasibility, the Product may be refurbished by MESSIKA, at the Customer’s expense, upon presentation of receipt of purchase and the certificate of authenticity.

 

ARTICLE 8: LEGAL GUARANTEES

MESSIKA Products benefit from:

- the legal guarantee of conformity provided in articles L.217-4 and following of the Consumer Code.

Thus if the Product does not comply with the description given in the Store or is not suitable for the expected use, the Customer has 2 years from the delivery of the Product to invoke this guarantee and, according to their choice, have it repaired or replaced (subject to the cost conditions provided in article L.217-9 of the Consumer Code).

- the guarantee against hidden defects provided in articles 1641 to 1649 of the Civil Code.

As a result, if the Product is not suitable for its intended use or its use is diminished such that the Customer would not have bought it, due to hidden defects from the time prior to purchase, they have 2 years from discovery of the defect to act on the basis of the guarantee against hidden defects.

If a hidden defect is found the Customer may choose between having the price of the Product refunded or reduced according to article 1644 of the Civil Coderemind the terms of implementation of legal guarantees The Customer has a period of two years from the delivery of the goods to enforce the legal guarantee of conformity in the event of a lack of conformity. During this period, the Customer is only required to establish the existence of the lack of conformity, not the date of its occurrence.

When the sale contract of the goods provides for the continuous supply of digital content or a digital service for a duration exceeding two years, the legal guarantee applies to this digital content or digital service throughout the specified supply period. During this period, the Customer is only required to establish the existence of the lack of conformity affecting the digital content or digital service, not the date of its occurrence.

The legal guarantee of conformity entails an obligation for the professional, if applicable, to provide all necessary updates to maintain the conformity of the goods.

The legal guarantee of conformity gives the Customer the right to repair or replace the goods within thirty days of their request, at no cost and without major inconvenience to them.

If the goods are repaired under the legal guarantee of conformity, the Customer benefits from a six-month extension of the initial warranty.

If the Customer requests the repair of the goods but the seller insists on replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.

The Customer can obtain a price reduction by keeping the goods or terminate the contract and receive a full refund upon returning the goods if:

The professional refuses to repair or replace the goods.

Repair or replacement of the goods occurs after a period of thirty days.

Repair or replacement of the goods causes major inconvenience to the Customer, especially when the Customer permanently bears the costs of taking back or removing the non-compliant goods, or if they bear the installation costs of the repaired or replaced goods.

The non-conformity of the goods persists despite the unsuccessful attempt by the seller to bring the goods into conformity.

The Customer also has the right to a price reduction or contract resolution when the lack of conformity is so serious that an immediate reduction in price or contract resolution is justified. The Customer is not required to request the repair or replacement of the goods beforehand.

 

The Customer does not have the right to contract resolution if the lack of conformity is minor.

Any immobilization period of the goods for repair or replacement suspends the remaining warranty until the delivery of the repaired goods.

The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code.

The seller who in bad faith obstructs the implementation of the legal guarantee of conformity incurs a civil fine of a maximum amount of 300,000 euros, which can be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).

The Customer also benefits from the legal guarantee of hidden defects under Articles 1641 to 1649 of the Civil Code for a period of two years from the discovery of the defect. This guarantee entitles them to a price reduction if the goods are retained or a full refund upon return of the goods.

 

ARTICLE 9: PROTECTION OF PRIVACY

The personal data communicated by the Customer to MESSIKA in the Store will be collected and processed by MESSIKA, in its capacity as data controller, according to the provisions of the IT and Liberties Law no. 78-17 of 6 January 1978 as amended and the European General Data Protection Regulation which entered into force on 25 May 2018. Data is conserved throughout the term of the commercial relationship, then archived for the purposes of legal proof.

It will be processed for the purposes of managing Customer orders, deliveries, guarantees applicable to Products that the Customer purchases and the execution of payment orders. It will also be used for the purposes of management and optimisation of customer relations and statistics. It may be communicated (i) to MESSIKA’s internal services and/or (ii) any of MESSIKA’s subcontractors or service providers, where such disclosure is necessary for the accomplishment of the abovementioned purposes.

Data will in no case be transferred outside the European Union. This data will not be externally communicated other than as stated above except to comply with legal and regulatory obligations or the request of a legal authority or administration. MESSIKA guarantees that it implements optimal security measures against loss, alteration and unauthorised communication of data transmitted by the Customer.

The Customer may exercise their rights of access, rectification, portability, erasure, objection and limitation of the processing of their personal data, or withdraw their consent, by contacting our Customer Service by email at stores@messikagroup.com. The Customer is also informed that it has the right to bring a claim before the competent control authority, such as the CNIL.

For further information on our practices on protecting Customer data, the Store invites the Customer to consult the MESSIKA GROUP’s Personal Data policy, accessible on our website www.messika.com.

Further, the Customer may register on a list to be excluded from telephone solicitation: http://www.bloctel.gouv.fr/.

 

ARTICLE 10: CLAIMS – INFORMATION

For all information, claims, invoking of legal guarantees or questions about the conditions of sale of MESSIKA Products or those Products themselves, the Customer maycontact Customer Services by email at stores@messikagroup.com

 

ARTICLE 11: INTELLECTUAL PROPERTY

MESSIKA remains the owner of all intellectual property for photographs, presentations, studies, sketches, models, prototypes, etc. created (even at the Customer’s request) for the provision of Products. The Customer is therefore prohibited from any reproduction or exploitation of those photographs, presentations, studies, sketches, models, prototypes, etc. without prior express permission in writing from MESSIKA which may condition it against financial compensation.

 

ARTICLE 12: REGULATORY PROVISIONS

All diamonds purchased by MESSIKA originate from legitimate sources not involved in the financing of conflict, according to the resolutions of the United Nations. MESSIKA hereby guarantees that the diamonds are not sourced from conflict zones, this guarantee being based on its knowledge and/or guarantees in writing from the supplier of the diamonds.

 

ARTICLE 13: FORCE MAJEURE

The execution of MESSIKA’s obligations hereunder is suspended in the event of the occurrence of a fortuitous or force majeure event preventing such execution.

The suspension of its obligations may in no case be a cause for responsibility due to non-execution of that obligation, or incur any payment of damages or late penalties.

The execution of the obligation is suspended throughout the duration of the force majeure if it is temporary and does not exceed a period of eight (8) days.

If the prevention is definitive or exceeds that period of eight (8) days, these Terms and Conditions shall be simply rescinded.

 

ARTICLE 14: APPLICABLE LAW - LANGUAGE – DISPUTES

Our TERMS AND CONDITIONS are governed by and subject to French law.

In accordance with article L.211-3 of the Consumer Code, any consumer-related dispute may be amicably settled by mediation with the CMAP – Paris Arbitration and Mediation Centre.

In order to refer the dispute to the mediator, the Customer may (i) complete the form on the CMAP website: (www.mediateur-conso.cmap.fr), (ii) send the request by simple or registered letter to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or (iii) email.