Terms and Conditions

General conditions of sale (version applicable from 10/21/2022)

1- Identity of the seller

The seller is:

The Maison Salvat brand belongs to the company Salvat Créations represented by Mrs. Leslie SALVAT whose head office is located at

105 avenue de Castres 31500 Toulouse
Registered under number 884 593 617 00019 at the CMA of Toulouse

E-mail: contact@salvatcreations.com These general conditions of sale are, by mutual agreement between the parties, exclusive of all other general conditions of purchase, printed or handwritten on the customer's orders or correspondence.

The English translation of these general terms and conditions of sale is made available to customers upon request.

All orders on the site are subject to these general terms and conditions of sale. These are subject to change and update, the conditions applicable to the order of a product by a customer are those in force on the day of the order. These general terms and conditions of sale are subject to French law.

These general terms and conditions of sale govern sales made by Maison Salvat and specify the conditions of ordering, payment, delivery and management of any returns of products ordered by Customers.

The general conditions of sale are made available to Customers on the site where they can be consulted.

The general conditions of sale are binding on the Customer who acknowledges them and accepts them without reservation before implementing the order procedure.

Maison Salvat reserves the right to modify its General Terms and Conditions of Sale at any time. In the event of modification of the General Terms and Conditions of Sale, the applicable General Terms and Conditions of Sale are those in force on the date of validation of the order. It is therefore up to the Customer to refer to them during each validation of an order.

2- The Client

The Customer of the Site must be a consumer, a natural person of full age and legally capable. The customer must, when placing his first order on the Site, complete an order form specifying certain mandatory fields so that his order for products can be taken into account by Maison Salvat.

The information communicated by the Customer to Maison Salvat during each of his orders must be complete, accurate and up to date. Maison Salvat may, where appropriate, ask the customer to confirm - by any means - this information and his identity.

Given the commercial policy described above, Maison Salvat reserves the right not to follow up on orders from subjects who differ from the “Consumer” or to orders that do not comply with its commercial policy.

3- Products

Each product offered on the Site is accompanied by one or more photographs, a descriptive text of the materials and colors, this information is not contractual. The descriptions and photographs of the products sold on the Site are as accurate and faithful to reality 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.

The Customer thus acknowledges that the photographs, descriptions or graphics accompanying and illustrating the products offered for sale on the Site are indicative and non-contractual and cannot engage the liability of the Seller in the event of error, omission or modification. However, Maison Salvat undertakes to ensure that the photographic representation of the products on the Site is as faithful as possible to the product.

4- Ordering terms

The taking of an order on the Site is subject to compliance with the procedure set up by Maison Salvat on the Site comprising successive stages leading to the order and the conclusion of the sales contract:

– fill your virtual basket
– indicate the quantities, the version(s) of the product that the Customer wishes to receive
– select a delivery method
– provide information relating to the delivery method of the order
– select a payment method
– enter the information relating to the selected payment method – acceptance of the order by the Maison Salvat team

The Customer may select as many Products as he/she wishes, these will be added to the basket. The basket summarizes the products chosen by the Customer as well as the prices and costs relating to them. The Customer may freely modify the basket before confirming his/her order.

Validation of the Order constitutes an irrevocable acceptance that can only be challenged within the limits provided for in these general terms and conditions of sale. It automatically entails acceptance of the products purchased, their price, associated costs and the general terms and conditions of sale by the Customer. Validation of the Order concludes the sales contract.

In order to place an order, the Customer undertakes to communicate via the Site only the real and valid information necessary for the execution of the service covered by these General Terms and Conditions. The Seller cannot be held responsible for incorrect information transmitted by the Customer resulting in the non-execution of the service covered by these General Terms and Conditions.

Any order will only be deemed valid after acceptance by Maison Salvat and full payment of the total amount of the order. The Seller will be entitled to refuse or cancel any order relating to a Customer in dispute over a previous order.

A confirmation email summarizing the order (products, price, product availability, quantity, etc.) will be sent to the Customer by Maison Salvat. For this purpose, the Customer formally accepts the use of email for confirmation by Maison Salvat of the content of his order.

5- Prices and payment terms

• Price:

The prices displayed on the Site are expressed in euros, all taxes included (French VAT and other taxes applicable on the day of delivery), ex-works Toulouse. Any variation in taxes at the time of delivery (incoterm EXW Toulouse) will result in an adjustment of the sale price at the expense or benefit of the Customer. The costs of packaging, order processing and shipping are not included in the price. The costs of packaging, processing and shipping are indicated before the order is validated.

The Seller may modify the prices of the products at any time and without notice, in particular due to changes in the economic, legislative and fiscal framework. The products are invoiced on the basis of the rate in effect at the time of validation of the order. The telecommunications costs necessary for accessing the Seller's Websites are the responsibility of the Customer.

• Payment Terms:

Maison Salvat only accepts payments by credit card via its online sales site. Payments are made when the order is placed, without discount. In the event of a payment rejection, Maison Salvat will contact the Customer to regularize the Customer's debit account amicably. In the event of a reminder remaining without effect, Maison Salvat may demand from the Customer, as of right and without formal notice, the invoicing of interest at the interest rate applied by the European Central Bank to its most recent refinancing operation increased by 10 percentage points, to which is added a fixed compensation for recovery costs of €40 (Article D441-5 of the French Commercial Code) for each invoice due. Additional compensation may be invoiced if the costs actually incurred exceed this fixed amount. In the event that the amicable recovery of the debts due proves unsuccessful after a period of 10 days from the date of sending the formal notice, the latter will be carried out through litigation. The costs relating to the legal proceedings initiated will then be borne by the debtor. In the event of non-payment in full of an overdue invoice and after formal notice has remained without effect within 48 hours, Maison Salvat reserves the right to suspend any current and/or future delivery and may refuse to honor the order(s) placed and to deliver the goods concerned, without the customer being able to argue an unjustified refusal of sale, or claim any compensation.

In the event of payment rejection, the customer agrees to full reimbursement of the bank charges incurred by our company.

Penalty clause: by express agreement between the Parties, failure to pay invoices owed by the Customer constitutes a breach and will result in the payment of compensation equal to 10% of the outstanding amounts remaining due; with a minimum amount of €100 per penalty clause activated.

The Customer may pay by payment card. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by bank card is carried out by our payment service provider Shopify Payment hosted in Europe.

Bank details are collected by Shopify Payment which uses an encryption algorithm (PCI certification level 1) - the highest level of certification.

Our banking solution is therefore PCI DSS certified by VISA and MASTERCARD: this standard is an international security standard. It ensures the confidentiality and integrity of cardholder data, and secures the protection of data concerning the card and the transaction. Your banking data is encrypted using SSL, Secure Socket Layer technology. They will therefore not circulate in clear text on the internet and cannot be intercepted. Maison Salvat does not store your banking details under any circumstances.

Once the payment has been validated by the Customer, the transaction is immediately debited after verification of the information. In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his banking information during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is indeed the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the Sale is immediately resolved by operation of law and the order canceled. Where applicable, a notification of cancellation of order for non-payment is sent to the Customer by Maison Salvat to the email address provided by the Customer when registering on the Site.

• Retention of title:

The seller expressly reserves ownership of the goods delivered until full payment of their price in principal and interest. (This retention of title clause does not establish any derogation from the fact that the seller's liability ceases at the time of delivery of the packages to the carrier).

The transfer of ownership of our products is suspended until full payment of the price thereof by the customer, in principal and accessories, even in the event of granting payment terms. Any clause to the contrary, in particular inserted in the general conditions of purchase, is deemed unwritten, in accordance with Article L. 624-16 of the French Commercial Code. By express agreement, our company may exercise the rights it holds under this retention of title clause, for any of its receivables, on all of its products in the possession of the Customer, the latter being conventionally presumed to be those unpaid, and our company may take them back or claim them as compensation for all of its unpaid invoices, without prejudice to its right to terminate current sales.

6- Deliveries

In accordance with the provisions of Article L 121-20-3 of the Consumer Code, the Products ordered are delivered within the timeframes indicated on the Site and upon confirmation of the order, and within 30 working days from the order.

The times indicated on the Site and during confirmation of the order are for information purposes only and correspond to the average time for processing and delivery of the package.

In the event that the package is damaged upon delivery, the Customer must check the condition of the products in their order in the presence of the carrier and clearly indicate on the carrier's delivery note any reservations in the event of a missing or damaged item.

No deliveries can be made to a hotel or PO box address.

However, during busy periods such as Christmas, Valentine's Day or peak wedding season, Maison Salvat reserves the right to extend the shipping time.

From the dispatch of the order, the average delivery times are as follows:

• For France:

3 to 10 working days by tracked letter for France.

2 to 5 working days by Colissimo for France

24 hours by Chronopost Express for France

• Internationally:

5 to 7 working days by Colissimo.

It is specified that any change of delivery address made by the Customer after registration of the order may result in an extension of the delivery time.

Maison Salvat and the carriers being separate and independent entities, Maison Salvat cannot be held responsible for any delay and/or error in delivery or loss of packages attributable to Colissimo or the Post Office. No compensation of any kind may be claimed by the Customer. Any order that has not been canceled, even if delivered late, cannot be refused by the buyer, nor be returned.

7- Right of withdrawal and reimbursement terms

In the event that the Customer is not satisfied with the products, he has a right of withdrawal of 14 calendar days from the day after the day of receipt of his order to return one or more items.

The returned product(s) must be in new condition, not have been worn or used or have been subject to any use and in their original packaging, accompanied by a copy of the invoice. A gift is given to each Customer: a safety pin with an aquamarine. It represents a value of €20. It must be returned with the customer's order for the order to be complete. If the return is incomplete, the package will be returned to the Customer who will not be able to claim any refund. The customer organizes the return at his convenience, at his expense and at his risk imperatively by Chronopost delivered against signature to the following address:

Salvat

105 Castres Avenue

No. 22

31500 Toulouse

Shipping costs related to the return of products remain the responsibility of the customer unless the product received is not compliant or has a manufacturing defect.
Any customs charges related to the return of a product from a foreign country are also the responsibility of the Customer.
Maison Salvat strongly advises its customers to return the products by registered letter or Colissimo. The Customer also has the option of choosing the carrier of their choice. However, the return costs and the associated risks are the responsibility of the Customer. It is therefore recommended that they obtain proof of this return, which assumes that the products are returned with parcel tracking, or by any other means providing a certain date.

Upon receipt, and subject to these return conditions, the seller will refund the order excluding initial shipping costs by crediting the customer's bank account within 15 days of receipt of the package by the seller.
If these return conditions are not respected, the package will be returned to the Customer at their expense and will not result in any refund.
The following are excluded from any warranty:
– Improper use and maintenance as well as faults in use or maintenance.
– Damage due to handling error, improper or abnormal use, intentional or accidental physical modification, use for professional or commercial purposes.
– Damage due to an external event (lightning, water damage, etc.).
– Work carried out on the jewelry by any person not authorized by our after-sales service as well as damage resulting from such work.

The refund will be made by bank transfer to the card used to pay the initial invoice. It is not possible to replace or exchange returned products. A new order will have to be placed online.

Regarding returns of personalized products: Article L121-20-2 of the Consumer Code provides that “the right of withdrawal cannot be exercised for contracts for the supply of goods made to the consumer's specifications or clearly personalized”.

However, we undertake to reimburse you for products that do not correspond to your order when they are defective or non-compliant.

In the context of free shipping costs, the flat rate amount usually charged for these costs will be deducted in the event of a refund of the Products.

8- Guarantees

The Products benefit from the legal guarantee of conformity as well as the legal guarantee of hidden defects. Abnormal or non-compliant use of the products, as well as the consequences of such use or external causes are excluded from the scope of contractual guarantees.

For access to the Site as well as for all stages of the purchasing process, from ordering to shipping as well as subsequent services, the seller has only an obligation of means and its liability cannot be incurred for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses or any case of force majeure.

9- Protection of personal data

As part of the management of your order, Maison Salvat collects the relevant personal data concerning you (Name, First name, email, address, telephone contact details if applicable) necessary for the management of the order, the improvement of the services offered and the information that we send you, on the basis of your consent. This information is mandatory for the proper execution of contracts entered into with Maison Salvat.

As part of the contractual execution of orders placed with Maison Salvat, this data may be transmitted to companies that contribute to these relationships, such as those responsible for the execution of services and orders for their management, execution, processing and payment.

This information and data is also retained for regulatory and legal obligations.

In accordance with the Data Protection Act of 1978, in its amended version of June 20, 2018, and Regulation 679/2016 known as the “General Data Protection Regulation”, you have the right to access, rectify, limit, portability of data, and oppose personal information and data concerning you, by sending your request to contact@salvatcreations.com

In the event of a complaint, you may assert your rights with the National Commission for Information Technology and Civil Liberties (CNIL) in accordance with the aforementioned Regulation.

10- Intellectual Property

The Customer acknowledges that Maison Salvat products and distinctive signs (image, photographs, packaging, product names, etc.) are the exclusive property of Maison Salvat.
The Customer shall refrain from any act of reproduction or use of product models, packaging, brands or distinctive signs, inventions, techniques or know-how used by Maison Salvat, as well as any act tending to the appropriation of these elements, whether or not they are protected by Maison Salvat by a patent, trademark, registered design or copyright.

11- Responsibility

All Products sold on Maison Salvat are not suitable for use by minors. Maison Salvat declines all responsibility in the event of an accident. The Customer is solely responsible for the use that will be made of the products and the consequences that could result.

12- Applicable law, language and disputes

These General Conditions and accepted orders are subject to French law.

The language of these General Conditions and of accepted orders is French.

In the event of a dispute, the courts of Toulouse will have sole jurisdiction, regardless of the conditions of sale and the method of payment accepted, even in the event of an incidental claim under warranty.

13- Tolerance

The fact that Maison Salvat does not invoke a right or a breach of the customer cannot be considered, for the future, a waiver of invoking this right or the breach in question. Any waiver will only be enforceable if it has been expressed in writing by a duly authorized representative of Maison Salvat.

14- Force majeure

The occurrence of a case of force majeure has the effect of suspending the execution of our contractual obligations. A case of force majeure constitutes any event beyond our control and preventing the normal operation of the manufacture or shipment of products.

Cases of force majeure include, in particular, total or partial strikes, pandemics, attacks, fires, natural disasters, etc. hindering the smooth running of our company or that of one of our suppliers, subcontractors or carriers, as well as the interruption of transport, the supply of energy, raw materials or spare parts.