MESSIKA GENERAL TERMS OF AFTER-SALES SERVICE
ARTICLE 1: SCOPE OF APPLICATION
These General Terms of After-Sales Service (“GT AS”) have been drawn up by the MESSIKA GROUP, a simplified joint-stock company with share capital of €1,100,000 and headquarters located at 44 avenue des Champs-Elysées 75008 Paris, registered in the Paris Trade and Companies Register under number 301 293 999, acting both in its own name and on its own behalf and on behalf of its subsidiaries (hereinafter referred to collectively as “MESSIKA”), which operates its own stores under the MESSIKA brand name in France and abroad (the “Internal Retail Store(s)” or the “Store(s)”).
They apply to all MESSIKA products (the “Product”) purchased by an end customer (the “Customer”) from an Internal Retail Store. An Internal Retail Store is a store belonging to and operated by Messika Group or one of its subsidiaries.
Their purpose is to set out the terms under which a Customer who has purchased a Product from a Store may benefit from the after-sales service ("AS") provided by said Store or any other Internal Retail Store in France and abroad.
ARTICLE 2: SERVICES CONCERNED
AS is understood to mean the following services, which are not covered by the legal warranties of conformity and latent defects applicable in the country in which the Product was purchased:
- Repair of Products
- Modification of Products
- Refurbishment of Products
- Engraving of Products
It is hereby specified that the services offered in connection with the sale of a Product, covered by the legal warranties of conformity and latent defects, are described in the General Terms of Sale of the Store in which the Product was purchased.
MESSIKA shall provide all the necessary components for AS work. MESSIKA shall take care to select materials that comply with its quality standards and shall systematically refuse any materials proposed by the Customer, such as gold, platinum or gemstones.
ARTICLE 3: DEPOSIT OF PRODUCTS
All the Internal Retail Stores operated by MESSIKA in France and abroad are authorised to carry out AS on Products purchased in one of the Stores or from an authorised reseller.
Therefore, a Customer wishing to benefit from AS for a Product purchased in a Store may deposit said Product in any Internal Retail Store in France or abroad. Nevertheless, the Stores reserve the right to ask the Customer to provide proof of purchase or a certificate of authenticity for the Product prior to any AS work.
MESSIKA shall be entitled to refuse any Products deposited by post.
ARTICLE 4: DIAGNOSIS OF PRODUCTS
Prior to the AS, any Product deposited by a Customer in a Store shall be the subject of a diagnosis to provide a description of the condition in which said Product was deposited.
ARTICLE 5: SUBCONTRACTING
MESSIKA reserves the right to have certain AS performed by external workshops carefully selected and approved by MESSIKA.
As a consequence, any Internal Retail Store that receives a Product for AS may freely choose one of the external workshops approved by MESSIKA to perform said service without having to notify the Customer.
ARTICLE 6: SERVICE COSTS
A detailed, estimated quotation specifying the services to be performed or any parts to be ordered shall be drawn up and provided to the Customer following diagnosis of the Product.
The Customer shall then have a period of 90 days to inform the Store in which the Product was deposited of their decision to accept or refuse quotation. After this period, or if the quotation is refused, the Product shall be returned to the Customer in the same condition as when it was deposited.
Certain work, however, has a fixed value that may be notified to Customers in advance. When the work requested by the Customer falls into this category and when the Customer is notified of this amount at the time of depositing the Product, the Customer irrevocably accepts that the work shall be performed within the limit notified and undertakes to pay this amount. As a consequence, following a preliminary diagnosis that does not reveal any contraindication, the workshop shall immediately perform the work.
However, if the preliminary diagnosis of the Product reveals the need for additional work or if the work is not technically feasible, the Customer shall receive a quotation for approval prior to MESSIKA starting work on the Customer's Product.
ARTICLE 7: AS EXCLUSIONS
7.1 Refusal
MESSIKA reserves the right to refuse to perform any AS work requested by the Customer in the following cases:
- If the requested work alters the design of the Product and modifies its appearance;
- If the requested work may make the Product fragile;
- If the requested work is technically impossible to perform, i.e. if it would be unsatisfactory from an aesthetic point of view or with respect to its long-term durability;
- If the requested work involves engraving wording or a symbol that may harm the image of the MESSIKA brand;
- For any other reason that MESSIKA shall expressly justify to the Customer
7.2 Infringements
MESSIKA shall not perform any AS on Products infringing MESSIKA's original creations, whether or not they bear MESSIKA's signature. The authenticity of a Product shall be systematically determined by the expertise of MESSIKA's approved workshops.
By accepting these General Terms of After-Sales Services, the Customer acknowledges that MESSIKA may retain any infringing Product with a view to destroying it, for the purposes of legal investigations and/or potentially as evidence against the infringer.
MESSIKA shall be obliged to provide the competent authorities with the Customer's personal data if ordered to do so by said authorities or if required to do so by law.
MESSIKA shall notify the Customer by post of any measures taken under this clause.
7.3 Stolen goods
If, during AS work, MESSIKA finds that the Product has been reported stolen, it shall report the Product to the competent authorities together with the Customer's identity, in accordance with its legal obligations in force.
ARTICLE 8: DELIVERY DEADLINES
MESSIKA does not guarantee any specific deadlines for the performance of its AS work. Any indication of a deadline provided to the Customer is purely for information purposes. Once the Quotation has been accepted by the Customer, MESSIKA's commitment is limited exclusively to the nature of the work and its cost.
ARTICLE 9: PRODUCT RETURN
No Product that has been the subject of AS work shall be returned to the Customer until all amounts due in respect of the AS work have been paid in full by the Customer.
Similarly, no Product shall be returned to the Customer without:
◼ The Customer presenting the original deposit slip. Possession of this slip may authorise a third party to withdraw the Product. MESSIKA cannot be held responsible if the Product is returned to an unauthorised third party in possession of the deposit slip.
OR
◼ Completion of a certificate of withdrawal of the Product in the absence of the deposit slip. To issue this certificate, the person who deposited the Product must appear in person and provide a valid ID document.
After having taken all the available actions, MESSIKA shall automatically consider the Products not claimed by the Customer to be abandoned one (1) year after the last express attempt at contact. Subsequently, MESSIKA shall exercise its rights over the ownership of the abandoned Products, in particular with a view to recovering the debt for the AS work performed and unpaid.
ARTICLE 10: AS WARRANTY TERMS
AS work performed on a Product is guaranteed for one (1) year as from the date of returning the Product.
This sales guarantee only applies to the specific AS work performed. It is limited to defects linked to the performance of this specific work and does not cover other causes external to said work.
ARTICLE 11: COMPLAINTS PROCEDURE
The Customer may submit any complaint concerning AS work to the Store in which the Product was deposited.
In addition, the Customer may also send the complaint to MESSIKA's Global Retail department at the following e-mail address: conciergerie@messikagroup.com, specifying the Store where the Product was deposited for AS work, as well as the full reference of the AS request.
MESSIKA undertakes to respond promptly to the Customer and at the latest within 15 (fifteen) working days.
ARTICLE 12: LIABILITY
MESSIKA may only be held liable for AS work performed on a Product in the event of fault in the performance of the services entrusted to it and solely for direct damage, unless this failure is due to force majeure within the meaning of Article 1218 of the French Civil Code.
If MESSIKA is unable to return the Product to the Customer through its own fault or if the Product is returned damaged, MESSIKA undertakes, at the Customer's discretion, to:
◼ Offer to replace the Product with an identical new item or to remanufacture the Product, if it is no longer available in stock and if this proves possible;
Or
◼ Offer financial compensation to the Customer, taking into account the condition of the Product and its depreciation, without exceeding its purchase price.
ARTICLE 13: PERSONAL DATA
MESSIKA attaches the utmost importance to protecting and respecting the privacy of its Customers and their personal data.
MESSIKA therefore undertakes to comply with the rights and obligations arising from Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR), which entered into force on 25 May 2018.
MESSIKA's data privacy policy, which can be accessed via:
https://www.messika.com/en/privacy-policy-cookie-restriction-mode
notifies Customers of the manner in which MESSIKA collects their personal data, as well as Customers' rights with regard to their personal data.
ARTICLE 14: APPLICABLE LAW AND JURISDICTION
These GT AS are governed by French law.
In the event of a dispute relating to the performance or interpretation of the GT AS, an attempt shall first be made to find an amicable solution.
If no amicable solution is found, the dispute shall be submitted to the exclusive jurisdiction of the courts of Paris, France.
ARTICLE 15: GENERAL PROVISIONS
If any provision of these GT AS is held to be illegal, invalid or unenforceable, the remaining provisions shall not be affected and shall remain fully valid, binding and enforceable.
These GT AS constitute the entire agreement between the Customer and MESSIKA concerning after-sales service and cancel and replace all previous agreements, compromises or commitments, of any nature whatsoever, concluded by the parties, orally or in writing, relating to the same subject.
MESSIKA reserves the right to amend these GT AS at any time and shall notify Customers thereof by any means.