Article 1. Scope of application
These general conditions of sale (hereinafter the “CGV”) apply between opalook france (hereinafter “the seller” or “we”) and any jewelry professional (hereinafter “the buyer” or “ you") wishing to acquire the parts or products offered for sale by us (hereinafter the "products" or "parts") on the website www.opalook.eu (hereinafter the “site”). These presents express the entirety of the obligations of the parties and specify in particular the conditions of ordering, payment, delivery and management of possible returns of products ordered by buyers. They constitute the sole basis of the commercial relationship between the parties, and, in this sense, the buyer is deemed to accept them without reservation.
These general terms and conditions are accessible at any time on the website www.opalook.eu and will prevail, where applicable, over any other version or any other contradictory document and in particular over any general conditions of purchase. They apply, without restriction or reservation, to all our services and commercial documents. Any document other than these general conditions of sale and in particular catalogs, prospectuses, advertisements, notices, has only an informative and indicative value, not contractual.
We reserve the right to modify our general conditions from time to time. The new version will be applicable from the day it is put online on the site.
The main characteristics of the products and in particular the specifications, illustrations and indications of dimensions or capacity of the products, are presented in the site catalog. The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, we cannot be held liable. The buyer is required to refer to the description of each product in order to know its essential properties and particularities before placing an order. The choice and purchase of a product is your sole responsibility.
The photographs and graphics presented on the website www.opalook.eu are not contractual and cannot engage our liability.
Product offers are within the limits of available stocks, as specified when placing the order.
Our full contact details are as follows:
Opalook, 11 rue alix, 93600 aulnay sous bois, france opalook@opalook.eu
Article 2. Customer account
You must have an activated customer account (hereinafter the “customer account”) to place orders on the site.
You can create your customer account via the site's account creation form. The customer account will be activated after verification of the buyer's email, siret number or intra-community or national VAT number in order to verify their status as a jewelry professional. Note that verifications will be automatic for France and European countries. Concerning countries outside Europe, customers will also have direct access to our prices, but we will have to carry out a manual verification on our side, in order to definitively validate the account.
If you do not have a siret number or intra-community or national VAT number, you will need to provide us with appropriate supporting documents to verify your status as a jewelry professional in order to activate your account. If necessary, we may ask you to present us with a k-bis or registration certificate for your company.
Once the customer account has been created and activated, you can access the my account section at any time from the account page.home from the website www.opalook.eu to check status, view your order history, or update your information.
You are solely responsible for the confidentiality of your password and username as well as any order placed through your customer account. You undertake not to disclose your identifiers, except to assume possible fraudulent use, for which we cannot under any circumstances be held responsible. Finally, you undertake to ensure that the information transmitted as part of your registration is accurate, complete and regularly updated from your customer account.
You can request the deletion of your customer account by simple request by email: opalook@opalook.fr at any time. You undertake to save the data accessible from your customer account before any request for deletion. You are informed that deleting the customer account on the site may result in loss of access to the data accessible from it.
Article 3. Discounts
If you benefit from discounts on your orders with the exception of products in the “clearance” category, these discounts are automatic and indicated in the order basket.
Discounts cannot be combined with other current offers.
Article 4. Order
All orders are made from the online catalog on the site.
You will need to complete the identification form on which you will indicate all the contact details requested for the order, complete the online order form giving all the references of the chosen products, choose your address and delivery method, validate your order after the have previously verified, make payment under the conditions provided for by these General Terms and Conditions and confirm your order and payment.
Once your order has been validated, you will receive an electronic confirmation, which will summarize the essential elements of your order (quantity, packaging, message, shipping date, amount, delivery address).
Any order constitutes acceptance of the prices and descriptions of the products available for sale.
In certain cases, including non-payment, incorrect address or other problem with the buyer's account, we reserve the right to hold the order until the problem is resolved.
Any request to modify the order must be made by email to the attention of our customer service opalook@opalook.fr before shipping in order to be taken into account. We will not be able to change the shipping or billing information for your order if it has already been shipped.
For any questions relating to tracking an order, you can consult the help section of the site or contact our customer service.
In the event of an order to a territory or country other than mainland France, you are considered the importer of the product(s) concerned. For all products shipped outside the European Union and overseas territories, the price will be calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility and are the sole responsibility of the buyer.
We reserve the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered.
Article 5. Electronic signature
The final validation of the online order will constitute proof of your agreement to:
- the paymentability of the sums due under the purchase order ;
- signature and express acceptance of all operations carried out.
In the event of fraudulent use of your bank details, we invite you as soon as you notice this use to contact our customer service as soon as possible.
Article 6. Proof of the transaction and invoices
Computerized records, kept in our computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments made between the parties.
The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
When it comes to invoices, our website offers multilingual and multicurrency options. Thus, invoices will be issued in euros and in French for French-speaking countries, and in euros and in English for the rest of the world. If you have made a payment in a currency other than euros, the amounts will be converted using the exchange rates in force at the time of your order. All legal information, including exchange rates, will appear on the invoice.
Article 7. Price
Prices are expressed in euros, excluding taxes. We reserve the right to modify the prices in our product catalog at any time but we undertake to apply the prices in force indicated at the time of the order, subject to product availability on that date.
The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store. The prices do not take into account delivery costs, invoiced additionally, and indicated before validation of the order. Payment of the entire price must be made when ordering. At no time can the sums paid be considered as deposits or deposits.
If one or more taxes or contributions, particularly environmental, were to be created or modified, either up or down, this change may be reflected in the selling price of the products.
Article 8. Payment
Payment is made online immediately on the day of the order by the following means:
- Bank card : instant payment which immediately validates your order.
- Checks: available to customers in France.
- Instant transfers: Immediate payment for rapid validation of your order.
- Specimens : choose between payment within 30, 45 or 60 days to delay collections, or opt for payment split into 3 or 4 installments.
- Local payment methods: PAYPAL, , BLIK, , BANCONTACT, , EPS, , IDEAL, , TWINT or WECHAT.
Deferred or split direct debit options are only available in France and for customers in the EU SEPA zone. For customers in the SEPA zone, an order history of at least €2,000 is required to benefit from direct debits. For other countries, we only accept payments by transfer or credit card.
We accept the following debit cards for online purchases: mastercard® and visa®. The bank account corresponding to your debit card will be debited immediately after validation of the order. All transactions carried out on www.opalook.eu are secure. The customer's banking information (for example, credit card number or expiration date) is encrypted by the SSL system and then processed by our financial partner. At no time during the purchase procedure are we able to know your card number which will be directly transmitted to the partner bank through a protected connection. Your data does not pass through www.opalook.eu and only the partner bank of our site has access to this information.
If you opt for payment by non-instant bank transfer, our company's bank details will be sent to you in your order confirmation email. We invite you to send us a copy of your transfer order by email within 10 days, by email to the following address: opalook@opalook.fr
In the event of payment by bank or postal check, it must be issued by a bank or a postal check center domiciled in mainland France. Checks must be sent to us at the following address: Opalook, 11 rue alix, 93600 aulnay sous-bois, france.
We draw your attention to the fact that if the transfer or check is not received within 10 days of the order, the order will be canceled. Your order will only be shipped once the credit of the bank transfer has been confirmed or the check has actually been cashed on our account.
If you opt for payment by transfer or check, we cannot guarantee the availability of the item ordered or its delivery time, the order becoming final when the transfer is credited or the check is cashed.
In any case, we reserve the right to suspend or cancel delivery of current orders placed by the buyer in the event of non-compliance with the payment conditions appearing above.
Article 9. Availability of products
If the ordered product is unavailable, you will be informed as soon as possible by email. You will then have the choice of requesting either a refund of the sums paid within 30 days of payment at the latest, or obtaining a credit note.
In the event of partial unavailability of an ordered product, we can offer you partial delivery of the products. In this case, you can either request a refund or a credit for unavailable products, or wait for delivery of the remainder of the order when it becomes available again. You will then be delivered as a priority.
In the event of unavailability of destocked products, you will be refunded or obtain a credit.
If applicable, the remainder of the order of available products remains firm and final.
Article 10. Delivery
Shipping is carried out within an indicative period of 2-3 days after confirmation of receipt of payment by our banking organization.
The products ordered will be delivered to the countries indicated in article 5 “order” of the general terms and conditions in accordance with the indicative shipping time to which is added the processing and delivery time to the address indicated by you during your order.
Any delay in shipping greater than 15 days beyond the indicative deadline for any reason other than force majeure or the buyer's actions may result in the sale being canceled.
We undertake to make our best efforts to deliver the products ordered within the deadlines specified above. However, these deadlines are communicated for informational purposes only. If applicable, we will send you a delivery tracking number by email.
Products covered by the same order, if packaged in several packages, are shipped simultaneously.
To calculate the delivery costs linked to the order, we take into account its volume and its average total weight, that is to say the actual weight of the products ordered as well as the weight inherent in the shipping packaging.
Shipping costs are calculated automatically by the site www.opalook.eu depending on the destination and the value/weight of the package at the time of ordering. The cost will be calculated after inserting the country, department and postal code inside the basket. In the event of an additional cost applied by the carrier (remote areas, mountainous areas, certain countryside areas, certain towns, water points), we reserve the right to change carrier or bill you for additional costs required by the carrier according to your preferences.
The products ordered are delivered to the address indicated by you on the order form. It is your responsibility to ensure their accuracy. Any package returned due to an incorrect or incomplete delivery address will be reshipped at your expense.
If the buyer is absent on the day of delivery, the delivery person will leave a calling card which will allow the package to be collected from the location and during the time indicated.
The buyer must then contact the number displayed and indicate a date for the new delivery. Beyond a period of 5 days of deposit, the seller is exempt from all responsibility for products which could be damaged due to inadequate storage conditions.
After 14 days of deposit, the package will be automatically returned to the seller.
For delivery, we use La Poste for France, as well as Colissimo, , UPS and FedEx. Shipping costs are free worldwide, depending on order thresholds, destination country and chosen carrier. To obtain an accurate estimate of shipping costs for your jewelry and accessories, please visit the "Delivery" page or go to the payment page.
Article 11. Returns, exchanges and refunds
Products lost, damaged or not in conformity with the order will be refunded or exchanged.
No return request can be taken into account by telephone, we invite you to make a return request directly from your customer account on Opalook.eu. Here are the steps to follow:
1. You must log in to your customer account.
2. Go to the “my order history” section.
3. Select the order that contains the products you wish to return.
4. Check the products you wish to return to us and write the reason.
5. As soon as the return is accepted, you will receive a returns slip to include in your package, which you can find in the "Return of goods" section of your account.
6. Send the package with the transport label provided to you: Opalook, , 11 rue Alix, , 93600 Aulnay sous Bois, France
Delivery costs for returning products damaged or not in conformity with the order will be covered by our company. A return slip will be provided to you as soon as we accept the return of the product(s) concerned. However, if the shipping costs exceed the value of the product, Opalook reserves the right to proceed with a direct refund of the product without exchange. From an economic and environmental point of view, it would be counterproductive to return a unique product from a professional located in a country other than France or a neighboring country.
If at the time of delivery, the original packaging is damaged, torn or opened, you must then check the condition of the products. If they have been damaged, you must refuse the package and note a reservation on the delivery slip (package refused because open or damaged).
You must indicate on the delivery note and in the form of handwritten reservations accompanied by your signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.).
This verification is considered to have been carried out once the buyer or any person authorized by him has signed the delivery note.
You must then confirm these reservations to the carrier by registered mail at the latest within three working days following receipt of the product(s) and send a copy of this letter by email opalook@opalook.fr
Returned products must be properly packaged so that they are not damaged during transport. They must be protected, preferably in their original packaging. They must not have been used and be in original condition. They must be complete and accompanied by all possible accessories, undamaged, undamaged or soiled, unless this is the reason for the return. Products are returned by tracked delivery to the following address: Opalook, 11 rue alix, 93600 aulnay sous bois, France.
We authorize the return of defective products within a maximum period of 15 days after receipt of your package. If the conditions are not favorable, we will be obliged to return the products to you and the shipping costs will be your responsibility.
Article 12. Tolerance and compliance
We authorize the return of defective products within a maximum period of 15 days after receipt of your package. If the conditions are not favorable, we will be obliged to return the products to you and you will charge the shipping costs.
We cannot guarantee the exact size, uniformity or color of the products. Slight differences for each production may appear. Slight differences in opacity, shade and execution must be allowed and cannot justify any discount or refusal of goods.
Article 13. Product warranty
We guarantee our buyers against any lack of conformity and any hidden defect, resulting from a defect in the design or supply of said products to the exclusion of any negligence or fault of the buyer.
In any event, in the event that our liability is held, our guarantee will be limited to the amount excluding tax paid by the buyer for the purchase of the product concerned.
Finished jewelry has a production or import hallmark registered with the warranty office.
Article 14. Right of withdrawal
The buyer being a professional purchasing within the framework and for the needs of his profession, there is no reason to apply the right of withdrawal provided for by the Consumer Code unless application of the exception provided for in article l221-3 of the Consumer Code.
Article 15. Intellectual property
We own all intellectual property rights and all necessary authorizations relating to the products and the associated documentation and warrant that the products and the associated documentation do not constitute an infringement of the intellectual property rights or any other rights belonging to a third party.
The sale of the products does not grant you any rights to the brands or distinctive signs affixed by us to the products and the associated documentation. Furthermore, we remain the owner of all intellectual property rights, in particular, on the photographs, presentations, studies, drawings, models, prototypes, molds made as part of the sale of products online. Consequently, we prohibit any reproduction or exploitation, in particular of said photographs, presentations, studies, drawings, models and prototypes, without express, written and prior authorization from us.
Article 16. Force majeure
Any circumstances beyond the control of the parties, preventing the execution under normal conditions of their obligations, are considered as causes of exemption from the obligations of the parties and result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
All irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as force majeure. Expressly, the following are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to the parties.
The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the T&Cs will be continued. If the force majeure lasts for more than three months, these general conditions may be terminated by the injured party.
Article 17. Partial non-validation
If one or more stipulations of the General Terms and Conditions are held to be invalid or declared such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and validity. scope.
Article 18. Non-waiver
The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.
Article 19. Applicable law and disputes
These general conditions are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention.
The parties undertake to first seek an amicable solution to any dispute which may arise from the interpretation or execution of the T&Cs before any litigation procedure.
All disputes to which the purchase and sale operations concluded in application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not have been be resolved between the seller and the buyer will be submitted to the Paris commercial court.
Article 20. Modification of the general conditions of sale
Opalook reserves the right to modify its general conditions of sale without notice. Customers who do not wish contractual relations to be governed by the new version of the general conditions of sale must notify this and, from the date from which the new version takes effect, they must stop using the services of 'Opalook.