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The hereby general terms and conditions of sale and use of the Site come into effect for:
-The company MEDAÏ SAS, with a capital of 1000Euro, located at 78 avenue des Champs Elysées (door 562), 75008 Paris and licensed in the Registrar of trade and companies in Paris under the number 880350806 (here designated as “MEDAÏ”)
- Any individual of legal age able to act in the strict term of personal needs, and who visits the website and/or makes a purchase. MEDAÏ’s principal activity is the sale of jewelries on the website www.medai.co
These general terms and conditions of sale are the only ones applicable and can replace all the other terms and conditions, unless otherwise agreed, prior, intentional and written. Anytime, MEDAÏ can be brought to modify some of the dispositions of the hereby general conditions.
Consequently, you must acknowledge the operative version, on the day of your order on MEDAÏ’s website (here designated as “Site”).
These changes apply to the customer starting from their on-line availability and take effect to any orders following the on-line availability. Any purchase on the Site is subject to the overall clauses of general terms and conditions which become effective on the day of the order. The customer will be able to confirm his order only after acknowledging the hereby general terms and conditions and agreeing on it by crossing the icon specifically dedicated for that purpose. MEDAÏ considers that by confirming the order, the customer has duly acknowledged the general terms and conditions and agree to it without reservation. By confirming the hereby general terms and conditions of sale during the order, the customer assume to have the legal capacity that allows the conclusion of a contract under the articles 1123 and following of the Civil Code.
Art 1. General disposition
Here are our contact details if you want to reach us: -from Monday to Friday, from 10am to 6pm( French time)- email address: [email protected]
Art 2. Order
Conditions for making an order, you declare to be aged over 18years old and have the legal capacity of making an order. To be a physical person who acts for your own personal needs. You can place an order: On our website www.medai.co . The data given by the customer and registered by MEDAÏ during the subscription of order act as the proof of the transactions performed between MEDAÏ and the customer. After the customer has approved the order, MEDAÏ would send an email of confirmation to notify that the order has been registered. MEDAÏ has the right to refuse to make a delivery or an order in case the customer has not paid totally or partially the bill of a previous purchase or in the case of an ongoing payment dispute.
Art 3. Price
° Our products are all indicated in Euro, and are inclusive of all taxes but excluding costs of delivery. The delivery costs are quoted during the order process et are added to the price of the products that were ordered (excluding standard mode of transport).
°MEDAÏ has the right to change its prices at any time.
°For any order to another country outside metropolitan France, this latter remains on the expenses and under the responsibility of the customer regarding the importation of the item(s) (customs duty, other local taxes, import duty and import taxes…)
°The products remain MEDAÏ’ propriety until full payment of the price. All the orders can be paid in Euro.
° The commercial offers and operations on MEDAÏ cannot be cumulative; for any commercial operation with discount on some products, MEDAÏ has the right to apply the discount percentage, the Voucher or the free offer on the product placed in the cheapest basket.
°The payment data are kept neither by the MEDAÏ company, nor by the organism responsible of financial transactions.
Art 4. Availability
The customer must already take note that MEDAÏ will honor the order as long as supplies are available within the company, its partners and providers. MEDAÏ would do everything to process all orders. In an exceptional case where the ordered item was no longer available, the buyer can either ask for an exchange or a refund without delay, no later than thirty days after the payment.
In the context of a flash sale, customers can only order the products at the indicated price during the flash sale. The flash sale is real-time on the website www.medai.co only within the limit of available products stock. Once the deadline of the flash sale is over, or and/or in case of unavailability of the product, this latter will no longer be indicated with the flash sale’s price. In the context of unavailability of a product after the confirmation of an order and after the closure of the sale, MEDAÏ will inform the customer by email or by phone about the partial shipping or the cancellation of the order. If necessary, in order to satisfy the customer and maintain good business relationships, MEDAÏ will propose a refunding of the amounts that have been debited from customer’s account in the form of vouchers via credit transfer or cheque; within the thirty days following the payment.
Art 5. Secured payment
In case of payment by credit card, the customer’s order will only be confirmed after the cost have been debited from the account. The payment will be processed under the agreement of competent centers. In case of disagreement, the customer’s order cannot be effective. The on-line payment via credit card will happen through the “3D Secure” security system which allows the encryptation of the customer’s bank details during their transfer on network. In case of non-payment, whatever is the reason behind, MEDAÏ will claim an allowance of 15Euros, added to the debit costs required by the company’s financial institution. If ever, the amicable debt recovery remains unsuccessful within a delay of 10 days after the first request for recovery was sent, either recommended or by ordinary letter; the request for recovery will move to litigation. The litigation costs that the collection company will be brought to owe directly to the customer are independent to the amicable allowance.
Art 6. Delivery and shipping
The items bought on the website www.medai.co are subject to a registered delivery under signature (COLOSSIMO, CHRONOPOST or DECLARED VALUE). The delays indicated for the order confirmation are calculated on working days (from Monday to Friday, excluding Holidays). The customer will be informed about the shipping delay during the confirmation of order. While making an order, the customer has to mention any access problems that the deliverer may encounter. In case of invalid information, the customer will be in charge of the additional costs regarding the stocking or return of the goods. In case, the delivery cannot be processed due to access or passing problems that were not warned in advance by the customer; or if this latter misses the delivery time, new shipping costs would be invoiced by MEDAÏ if the item had to return to MEDAÏ. The customer must examine the conformity of the shipment after its receipt. In case of a complaint about eventual manufacturing defects or marks of deterioration (damaged package, a missing product regarding the delivery note, broken package, etc...), the customer has to write it down on the delivery note and confirm it by letter with an acknowledgement of receipt within the next 14days and send to the address: MEDAÏ SAS, (chez JOZE), 31 rue Notre Dame de Nazareth 75003 Paris. Except for the cases of hidden defects, the complaints that do not follow the detailed procedure mentioned above will be refused. If the delivery of the goods exceeds the delay of 7 days, and is not due to an issue of force majeure, the customer has the right to withdraw from their contacts through a request letter with the acknowledgement receipt. The contract will then be considered as cancelled once MEDAÏ receives the letter sent by the customer about his decision. The customer can exercise that right during 14days, starting from the date indicated for the delivery. All the sum paid during the order process will be refunded.
Art 7. Return
7.1 Withdrawal right
According to the Article L. 121-120 of the French Consumer Code, MEDAÏ will let you benefit of 14 calendar days to return a product that does not satisfy you, without owing a justification and without penalties. This delay starts running from the day of your item’s delivery.
The customer who wants to exercise his withdrawal right must return the items within the delay of 14days mentioned previously, inside their original package(jewel case), not missing anything, new and with the invoice and certificate of authenticity.
Once you exercise your withdrawal right, MEDAÏ makes the commitment to refund the totality of your order within a maximal delay of thirty days, starting from the day that MEDAÏ agrees on the return of your product. This is indicated by the article 7.3 bellow:
° by credit, transfer or cheque, according to the initial mode of payment, if the withdrawal right is exercised within the 14 days following the reception of the ordered items; and
° In the form of “Vouchers”, from the 8th to the 30th day following the reception of the ordered item.
Addressed to MEDAÏ SAS (chez JOZE), 31 rue Notre Dame de Nazareth 75003 Paris, [email protected] :
I/we (*) notice you hereby my/our withdrawal from the sale contract for the item (*)/ for the service provision (*) bellow:
Ordered on (*)/ Received on (*):
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (exclusively in case of notification of the hereby application on paper):
WARNING: particular case of the custom-made jewel. The Article L. 121-20 of the French consumer code does not apply for the configurator space (or the custom-made jewel).
For doing so, you must write to MEDAÏ’ s customer service about your decision before returning the products, and follow the process described above.
7.2 Return of Merchandise
Put the totality of everything you have received in the initial package, including the invoice and certificate of authenticity.
Under the Article L 121-20 of the French consumer code modified by the law N°2010-737 on July 1st, 2010 art. 59, the customer benefits of a delay of 14(fourteen) calendar days to use his withdrawal right, needless of justifications and without penalties, starting from the day following the reception of the package. The exercise of this right is realized through a correspondence that formalizes the delay of 14(fourteen) calendar days with the MEDAÏ SAS. The exercise of this right also doesn’t lead to the refund of postal costs. It’s the customer’s responsibility. The returns products must be sent to this address: MEDAÏ SAS, (chez JOZE) 31 rue Notre Dame de Nazareth 75003 Paris, France.
The products must imperatively be in good state and put back inside their initial packaging, to which should be added another packaging that covers the whole; they must not have any sign of being used and must be returned with all their accessories. Customized jewels and earrings can neither be returned nor exchanged. Only after making sure that all these conditions were filled that the company MEDAÏ would proceed to the refund of the sum that corresponds to the returned items, excluding the initial delivery costs which are still at the expenses of the customer. If any of these conditions is not met, no refund will be acceptable, the customer will remain owner of the product that he can pick up at MEDAÏ, (chez JOZE) 31 rue Notre Dame de Nazareth 75003 Paris within a delay of 30days.
Art 8. Warranty
The customer benefits of (1)one year warranty for any consequences of defects that are susceptible to appear on the sold items, and only if they are notified to MEDAÏ right after they show up. Depending on your choice, we will proceed to a refund or exchange of the obvious defective product returned to us within that period of time. However, this warranty will only be effective when all the conditions for return described bellow are met:
Our specialists confirm that all the constitutive features are compliant with the product that has been sent to you, no damage, modification or intervention of any type.
The claimed defects are not due to: an abnormal or non-conform use, a normal wear and aging, an accident and most importantly, an external cause (such as an intervention from any non-authorized individual on the product). Moreover, the shipping and return costs are integrally at your expenses. Regardless of guarantee, MEDAÏ is given the lack of conformity of goods with the contract and flaws in critical conditions under the articles 1641 to 1649 of the Civil Code.
Art 9. Responsibilities
The customer must verify the accuracy, and completeness of all the information provided to MEDAÏ at the time of the ordering and especially concerning the delivery address. The customer is responsible of all the information he provides during his subscription and order. MEDAÏ cannot be held responsible of any typing mistake that can lead to delivery errors. MEDAÏ cannot be held responsible of possible mistakes made by the customer or/and the non-respect of the terms of delivery and appointment that he would have fixed with the delivery man. If so, he will be in charge of all the necessary storage and reshipment costs.
Without reducing the previous paragraphs, MEDAÏ’s responsibility towards the hereby general terms and conditions cannot exceed the equal sum paid during the initial transaction of the said responsibility, regardless of the cause or the form of the act. Are considered as fortuitous or force majeure events of responsibility, any unforeseeable and irreversible circumstance independently of the two parties. For instance, in case of total or partial strike in the service providers’ or carriers’ companies, and in case of natural disasters such as fires, outbreaks, floods. The choice and purchase of goods are under the customer’s one and only responsibility. Consequently, a total or partial impossibility to use the product, particularly, due to item incompatibility cannot encounter any refund, compensation and shall not question about MEDAÏ’s responsibility. This excepts the context of hidden defects, non-conformity, deterioration, or exercise of withdrawal right considered by the French Consumer Code.
Art 10. Intellectual proprety
The Site and all its elements (including the products), documents, and other visual or audio data (its “Content”), are protected by the French and International standards, submitted or not. Copyrights, patent rights, design and model rights, trademarks, manufacturing or trade secrets, or any similar rights belong to or have been licensed to MEDAÏ. Your right to use the Site and any of its content or figuring feature is subordinate to your respect of the contract and all applicable law and rules. Any use of the Site and its contents for any purpose contradictory to the contract is considered as a breach of our rights and those of whom we got our license from. You can only access to the Site’s contents and features for non-commercial and private purposes. The Site and all its contents cannot be copied, reproduced, republished, downloaded, posted, adapted, forwarded, distributed or used in any form.
Art 12. Sponsorship
MEDAÏ allows its customers and sales leads to sponsor their friends and relatives for an adverting purpose. The sponsored then must confirm their sponsorship by indicating their sponsor’s address. The massive collect of sponsees outside the private circle of friends and relatives is strictly prohibited.
Art 13. “Loi informatique,fichiers et libertés” (Data Processing ,Files and Freedom Act)
Under the French law “Informatique et libertés” n°78-17 of January 6th 1978, you have the right to access to and modify your personal data, and you can exercise this right by sending a letter to the following address: MEDAÏ SAS, 78 Avenue des Champs Elysées (door 562), 75008 Paris. Depending on the customer’s selection for his account’s signing in or modification, he is susceptible to receive ad notifications from MEDAÏ. If he wishes not to, he can request MEDAÏ at any time via his customer area; either by writing to the address mentioned above, or by clicking on the “Unfollow” link, at the bottom of every message from MEDAÏ.
Art 14. Amicable settlement of litigations
The hereby general terms and conditions of sale will be construed and interpreted in accordance with the French law. Before taking any case to court, the two parties will first find a possible amicable agreement. Any dispute of any nature or dispute relating to the formation or execution of the order, even in case of warranty claim or multiple defendants, will be in default of agreement within the exclusive of the courts in whose jurisdiction is our headquarters.
In accordance with the article L.612-1 of the French Consumer Code “The consumer has the right to have free recourse to a consumer mediator for the purpose of an amicable resolution against a Professional”
The litigation falling within the scope of the article L. 612-1 of the Consumer Code are defined by the article L.611-1 of the Consumer Code including the litigations of contractual nature as to the execution of a sales contract that oppose the consumer to a Professional. The text covers national and cross-border litigations.
In accordance with the articles 111-6°) and L 616-1 following the French Consumer Code, you can have free access to the mediation services of MEDICYS that we provide on-line by making your application on www.medicys-consommation.fr
Or by email( include your email, telephone number and the written complaint) to : Concord- 73, Boulevard de Clichy – 79 Paris
-Our ID is: France, 88035080600019.
Art 15. Severability of clauses
The fact that any clause of the general terms and conditions of sale becomes void, unenforceable, invalid, unlawful or non-applicable under any law, regulation or following a final decision of a competent court, cannot question the validity, legality, unenforceability of the other stipulations of the herby general terms and conditions of sale. It shall not relieve the customer from the exercise of his contractual duties.
Art 16. Others
These general terms and conditions take effect starting from July 27th 2020. The company MEDAÏ SAS has the right to modify some features of these general terms and conditions throughout the year.