Terms of Sales
The site is published by the seller, Ornella Sateri, whose registered office is located at 114 chemin des bois, 40300 Oeyregave, France, and registered at 847 534 492.
The following provisions are intended to define the general conditions of sale on the Howlitetrib site.
These general conditions of sale (hereinafter "GTC") define the contractual rights and obligations of the seller and his customer in the context of distance and electronic sale of goods and products.
The T&Cs exclusively govern the relationship between the seller and the customer.
The T&Cs express all of the obligations of the parties. The customer is deemed to accept them without reservation, failing which his order will not be validated.
In case of doubt about one of the conditions of sale, the practices in force in the distance selling sector by companies whose head office is in France and the Consumer Code apply.
The seller reserves the right to modify the GCS from time to time. The modifications will be applicable as soon as they are put online.
Addendums to these general conditions
Howlitetrib informs visitors to the Store that these terms may be amended at any time. These modifications are published by posting them online and are deemed to be accepted without reservations by any visitor who accesses them after they are posted online.
ARTICLE 1. CLIENT
The customer of the site must be a consumer, an adult and legally capable natural person. The information communicated to Howlitetrib when opening its account must be complete, accurate and up-to-date.
ARTICLE 2. CATALOG OR ONLINE STORE
Through the site, the seller provides the customer with a catalog or an online store accurately presenting the products sold, without the photographs having any contractual value.
The products are described and presented with the greatest possible accuracy. However, in the event of errors or omissions in the presentation, the responsibility of the seller cannot be engaged as a result.
The products are offered within the limits of available stocks.
The prices and taxes relating to the sale of the products are specified in the catalog or the online store.
ARTICLE 3. PRICE
The prices of the products are indicated on the site in euros. Customs fees and other taxes must be paid by the customer to the carrier.
The seller reserves the right to modify its prices at any time and without notice by publishing them online.
Only the prices in force indicated at the time of the order will apply, subject to the availability of the products on that date.
The prices are indicated in euros (excluding taxes and all taxes included) and do not take delivery costs into account, which are invoiced in addition. Delivery costs are indicated before validation of the order by the customer.
The prices take into account the taxes applicable on the day of the order and any change in the rate of these taxes will be automatically passed on to the price of the products in the catalog or the online store. If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be passed on to the selling price of the products.
The total amount of the order (all taxes included) and delivery costs included, is indicated before final validation of the order form.
Payment of the full price must be made when ordering.
ARTICLE 4. ORDER ONLINE
The customer can complete an order form online, using an electronic form. By completing the electronic form, the customer accepts the price and description of the products.
The customer will have to accept by clicking in the indicated place, the present general conditions of sale, so that his order is validated.
The customer must give a valid e-mail address and delivery address and acknowledges by these general conditions of sale that any exchange with the seller may take place using this address.
The customer must also choose the delivery method and validate the payment method.
The seller reserves the right to block the customer's order in the event of non-payment, incorrect address or any other problem on the customer's account, until the problem is resolved.
ARTICLE 5. ORDER CONFIRMATION AND PAYMENT
This is an order with a payment obligation, which means that placing the order implies payment by the customer.
The customer makes the payment at the time of the final validation of the order by specifying his credit card number.
The customer guarantees to the seller that he has the necessary authorizations to use this method of payment and acknowledges that the information given for this purpose constitutes proof of his consent to the sale as well as to the payment of the sums due under the order.
In the event of dispute or fraudulent use of the bank card without physical use of the bank card (use of the bank card number), any person may dispute within 70 days from the date of the transaction by sending a complaint as follows, so that the seller bears the costs of the sale and returns the disputed amount by e-mail to the following address: howlitetrib@gmail. com
Any dispute not made in the rules defined above and within the time limits cannot be taken into account and will release the seller from all liability.
The seller has set up a procedure for checking orders and means of payment intended to reasonably guarantee it against any fraudulent use of a means of payment, including by asking the customer for identification data. Payment for purchases is made via a secure platform.
In the event of refusal to authorize payment by credit card from accredited bodies or in the event of non-payment, the seller reserves the right to suspend or cancel the order and its delivery.
The seller also reserves the right to refuse an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is in progress.
For an international delivery, the customer will have to pay the customs duties, or other taxes due when importing the products. The formalities involved are also the responsibility of the customer. A customs voucher, specifying the purpose of the package, its contents, its value, its weight and its category, will be present on each package destined for foreign countries. Two paper invoices will also be present, including for orders including gifts.
Upon receipt of confirmation of the purchase and payment by the customer, the seller sends the latter, to the e-mail address he has specified, confirmation of receipt of the order form, including a summary of the order information.
For ecological reasons, the seller does not send a paper invoice to the customer upon delivery. Invoices are available on the customer's customer area, and can be requested by e-mail at the following address: howlitetrib@gmail. com
In case of unavailability of a product, the seller will keep the customer informed by e-mail as soon as possible in order to cancel the order of this product and refund the related price, the rest of the order remaining firm and definitive .
The customer can always exercise his right of withdrawal within 14 days from the time when the information concerning the unavailability of the product was sent to him.
For any question relating to the follow-up of an order, the customer may contact customer service by e-mail at the following address: howlitetrib@gmail. com
ARTICLE 6. ELECTRONIC SIGNATURE
In accordance with the provisions of Law No. 2000-230 of March 13, 2000, the online provision of the buyer's bank card number and the final validation of the order constitute proof of the customer's agreement, the payment of the sums due under the purchase order, signature and express acceptance of all the operations carried out.
ARTICLE 7. PROOF OF TRANSACTION
Communications, orders and payments between the customer and the seller can be proven through computerized registers, kept in the seller's computer systems under reasonable security conditions. Purchase orders and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.
ARTICLE 8. PAYMENT METHOD
All the payment methods available to the customer are listed on the seller's website. The customer guarantees to the seller that he has the necessary authorizations to use the method of payment chosen by him, when placing the order.
ARTICLE 9. DELIVERY
Delivery is only made after confirmation of payment by the seller's bank.
The products are delivered to the address indicated by the customer on the online form serving as an order form, the customer having to ensure its accuracy.
Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the customer's expense.
Standard deliveries are sent by letter followed without signature. Followed letters can be deposited directly in the mailbox. Deliveries by Colissimo do not require the customer's signature.
No deliveries can be made to a hotel or PO box address.
The seller promises to ship orders in 1 to 5 working days. Holidays or family problems may cause additional shipping delays. If this is the case, the seller undertakes to display an information message on the home page of the site. During busy periods such as Christmas, the seller reserves the right to extend the shipping time to 1 week.
Any change of delivery address made by the customer after the registration of his order, may lead to an extension of the delivery time.
Except in cases of force majeure, delivery takes place, according to the method chosen by the customer, from the dispatch of the order, within the following deadlines:
Standard delivery France: 1 to 7 working days
International standard delivery: 1-3 weeks
Colissimo France: 1 to 3 working days
1. LATE DELIVERY AND DENUNCIATION
In case of late delivery, the seller will inform the customer, who can terminate the contract and request reimbursement within 14 days of this termination. The customer will have the possibility of obtaining the cancellation of the order under the conditions provided for by article L 216-2 of the Consumer Code. This termination of the contract must be sent by registered letter with acknowledgment of receipt.
The full refund of the product and the delivery costs, or re-shipment if applicable, is then made.
Any denunciation not made in the rules defined above and within the time limits cannot be taken into account and will release the seller from any liability vis-à-vis the customer.
2. COMMAND VERIFICATION
If at the time of delivery, the original packaging is damaged, torn, opened, the customer must then check the condition of the products. If they have been damaged, the buyer must imperatively refuse the package and note a reservation on the delivery note.
The customer must indicate on the delivery note, and in handwritten form, any anomaly concerning the delivery.
The verification of the products is considered to have been carried out once the customer, or a person authorized by him, has signed the delivery note.
The customer must, if necessary, inform the seller of his reservations by e-mail to the following address: howlitetrib@gmail. com
Any reservation not made in the rules defined above and within the time limits cannot be taken into account and will release the seller from any liability vis-à-vis the customer.
Upon receipt of the complaint, the seller will agree to a new shipment and will indicate to the customer a new tracking number, by e-mail.
3. DELIVERY ERROR
In the event of a delivery error and/or non-compliance of the products with the indications appearing on the order form, the customer submits his complaint to the seller on the same day of delivery or at the latest on the first working day following delivery.
The complaint can be made by e-mail to the following address: howlitetrib@gmail. com
Any complaint not made in the rules defined above and within the time limits cannot be taken into account and will release the seller from any liability vis-à-vis the customer.
4. RETURN OF ORDER
If, despite our best efforts to satisfy you, you are not satisfied with your purchase, in accordance with article L. 121-20 of the Consumer Code, you have a period of 15 clear days from the date of delivery of your order to return any item that does not suit you . Beyond this deadline, Howlitetrib will be free to refuse reimbursement. Know that I do not reimburse the shipping costs on the order, only the value of the jewelry.
Your requests should be sent to the following email address: howlitetrib@gmail. com
It is necessary to replace the item in its original packaging, well protected in suitable packaging. Reimbursement of items can only be accepted if the items purchased are returned to us in their original and new condition, neither worn (I insist on this fact), nor damaged, suitable for its remarketing. The return costs remain your responsibility and must be followed up in order to follow the traceability of the package.
Once your return is received and verified, your refund will be processed within 24 hours if accepted. Howlitetrib reserves the right to refuse the return if: if the jewel has been worn, damaged or broken. The jewel will then be returned at your expense (€4). If these costs are not paid or without response from you, Howlitetrib will therefore reserve the right to keep the articles.
I do not accept exchanges or cancellations. But do not hesitate to contact me if there is a problem with your order.
The following items cannot be returned or exchanged
- Bespoke or Custom Orders
- Bespoke items (Rings and bracelets)
- Items on sale (sales, last chance, etc)
ARTICLE 10. PRODUCT WARRANTIES
1. LEGAL GUARANTEES
The seller guarantees the conformity of the products with the contract.
The customer can make a request under the legal guarantee of conformity, in accordance with the provisions of articles L. 211-4 and following, and L 217-4 and following of the Consumer Code, or under the warranty against defects of articles 1641 and following of the Civil Code.
The customer has a period of 2 years from delivery of the product to implement the legal guarantee of conformity.
Article L 217-4 of the Consumer Code: The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
Article L 217-5 of the Consumer Code: To comply with the contract, the good must: 1° Be suitable for the use usually expected of a similar good and, where applicable: – correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model; – present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling; 2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.
Article L 217-7 of the Consumer Code: Conformity defects that appear within twenty-four months of delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise . For goods sold second-hand, this period is set at six months. The seller can challenge this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
Article L 217-9 of the Consumer Code: In the event of a lack of conformity, the buyer chooses between repairing and replacing the goods. However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer.
Article L 217-10 of the Consumer Code: If the repair and replacement of the goods are impossible, the buyer can return the goods and have the price refunded or keep the goods and have a part of the price. The same option is open to him: 1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's complaint; 2° Or if this solution cannot be without major inconvenience for him given the nature of the property and the use he is seeking. However, the resolution of the sale cannot be pronounced if the lack of conformity is minor.
Article L 217-11 of the Consumer Code: The application of the provisions of articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not preclude the award of damages.
Article L 217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L 217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of a good furniture, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the The buyer would not have acquired it, or would have given only a lesser price for it, if he had known them.
Article 1644 of the Civil Code: In the case of Articles 1641 and 1643 , the buyer has the choice of returning the item and getting the price refunded, or keeping the item and getting part of the price refunded.
Article 1648, paragraph 1, of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
The legal guarantee of conformity applies independently of the commercial guarantee granted by Howlitetrib
When acting under the legal guarantee against hidden defects, the customer can choose between rescinding the sale or reducing the sale price in accordance with article 1644 of the Civil Code.
2. COMMERCIAL WARRANTY
The seller offers the customer a commercial guarantee covering the conformity of the products and ensuring, in the event of non-compliance, reimbursement of the purchase price of the product, excluding the price of delivery, replacement or repair of the product, during the following duration: 1 year.
This guarantee covers the repair of jewelry (replacement of clasp, broken chain, ring to be replaced).
This commercial guarantee does not apply to:
defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products;
loss of an element of the jewel or of the jewel as a whole;
damage due to intentional or accidental physical modification;
in the event of an abnormal maintenance operation and the use of abrasive products;
in the event of lack of maintenance and hygiene as explained in the product sheets;
in case of natural wear;
the interventions carried out on the jewel by a person outside the customer service of the Howlitetrib site
This guarantee does not exclude the application of the guarantees provided for in 9. 1 and 9. 2
ARTICLE 11. UNAVAILABILITY OF PRODUCTS AND REFUNDS
In case of unavailability of a product ordered, the customer will be informed by e-mail.
The customer will have the possibility of canceling his order and will thus have the choice between the reimbursement of the sums paid by him within 30 days at the latest of their payment, or the exchange of the product.
ARTICLE 12. RIGHT OF WITHDRAWAL
The customer can exercise his right of withdrawal and return of the product within 14 working days of delivery, without justifying any reason.
The customer will exercise his right of withdrawal by contacting customer service by e-mail at the following address: howlitetrib@gmail. com
After communicating his decision to withdraw, the customer then has 14 days to return or return the goods.
Any withdrawal or return not made in accordance with the rules defined above and within the time limits cannot be taken into account and will release the seller from any liability vis-à-vis the customer.
The customer may request an exchange or refund of the returned product, without penalty, with the exception of the return costs which remain at his expense (unless the product is not compliant or has a manufacturing defect) . However, in the event of an exchange, delivery costs may again be charged to the customer.
The return or exchange of the product can only be accepted for products as a whole, intact and in their original condition, in particular with complete packaging, intact and in salable condition.
Personalized products, due to their intrinsic quality, cannot be subject to the right of withdrawal and cannot be refunded, according to article L. 121-21-8 of the Consumer Code.
The seller advises the customer to return the products by Colissimo with signature or any other means of delivery with proof of dispatch and receipt. The customer also has the option of choosing the carrier of his choice. If the return is lost during shipment, the seller reserves the right not to reimburse the customer.
The seller must reimburse the customer for all sums paid, including delivery costs, within 14 days of the recovery of the goods or the transmission of proof of the shipment of these goods. The refund will be made by bank transfer to the card used when ordering.
ARTICLE 13. FORCE MAJEURE
The parties will be exonerated from their obligations, in the event that a circumstance constituting a case of force majeure as defined by article 1218 of the civil code, prevents their execution. The obligations of the parties will be suspended.
The party invoking such a circumstance shall notify the other party immediately, upon its occurrence and upon its disappearance.
Are considered as cases of force majeure are all facts or circumstances that are irresistible and unforeseeable, inevitable and which cannot be prevented by the latter, despite all reasonably possible efforts, defined as such by French case law and in particular, the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, and the shutdown of telecommunication networks.
If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.
ARTICLE 14. PARTIAL NULLITY
If one or more stipulations of these general conditions of sale were to be declared void by application of the law, a regulation or a final decision of a French jurisdiction, the other stipulations will retain all their force and their scope.
ARTICLE 15. APPLICABLE LAW AND JURISDICTION
The seller is established in France in a stable and sustainable manner to effectively carry out its activity, regardless, in the case of a legal entity, of the location of its registered office.
These GCS are also subject to the application of French law, to the exclusion of the provisions of the Vienna Convention.
In the event of a dispute or complaint, the customer will first contact the seller to obtain an amicable solution.
Failing an amicable agreement, the customer, if he contracts as a consumer, may initiate proceedings before the court of his choice and if he contracts as a professional, may initiate proceedings before the court of location of the seller's registered office.
Photos on the Howlitetrib site may not be used without permission. They are the exclusive property of Howlitetrib.
For more information contact us at the following email address: Howlitetrib or via the "Contact us" page of the site.