CONSUMER CUSTOMER

Article 1 – GENERAL PROVISIONS – SCOPE OF APPLICATION

1.1 These General Terms and Conditions of Sale (“the GTC”) determine the rights and obligations of the parties in the context of the online sale of Products offered by the company Tijara.

1.2 Any Order placed on the Pearlora website implies prior and unrestricted acceptance of these General Terms and Conditions of Sale, which are subject to French law. These General Terms and Conditions of Sale are therefore an integral part of the Contract between the Customer and the Company. They are fully enforceable against the Customer, who declares that he/she has read and accepted them, without restriction or reservation, before placing the Order.

1.3 These General Terms and Conditions apply to any Order placed by a natural person of full age acting as a consumer. The Customer therefore certifies that he/she is a natural person over 18 years of age, acting for purposes that do not fall within the scope of his/her commercial, industrial, craft, liberal or agricultural activity. He/she acknowledges that he/she has full capacity to commit himself/herself when placing an Order and undertakes to provide truthful information regarding his/her identity.

1.4 EXCLUSION: Persons acting in a professional capacity, i.e. natural or legal persons, public or private, who act for purposes falling within the scope of their commercial, industrial, craft, liberal or agricultural activity, including if they act in the name or on behalf of another professional, are expressly excluded from the scope of these General Terms and Conditions. Professionals
who wish to place an Order with the Company are invited to contact us directly.

1.5 The General Terms and Conditions applicable to each Order are those in force on the date of payment (or the first payment in the case of multiple payments) of the order. The Company reserves the right to modify them at any time by publishing a new version on its website. These General Terms and Conditions are available on the Company's website at the following address: https://pearlorajewelry.com/   and are downloadable in pdf format.


Article 2 – CONCLUSION OF THE ONLINE CONTRACT

2.1. Order Process


To purchase one or more Products on the site, the Customer selects each Product and adds it to their basket. Once their selection is complete, they must confirm their basket to proceed to the Order (1st click) At this stage, the Customer is redirected to a page containing: A summary of the selected Products, the corresponding prices, the terms and conditions and delivery costs. It is then their responsibility to check and possibly correct the contents of their basket. These General Terms and Conditions. It is their responsibility to read them carefully before confirming the entire Order.

This validation of the Order after checking the basket and reading the General Terms and Conditions (2nd click) constitutes conclusion of the Contract and the Customer acknowledges that the 2nd click entails an obligation to pay on their part.





The Customer is then redirected to the payment page. He can choose between the different payment methods offered and proceeds to the payment of his Order.

After having validated his Order and made his payment, the Customer receives, on the email address he provided to create his account, a confirmation message from the Company. This message contains, in pdf format:
The summary of his order (Product selected, price, terms and delivery costs);
The precise identification of the Company and its activity;
The Order number;
The terms, conditions and withdrawal form;
These General Terms and Conditions in pdf format.

In the event of non-receipt of the Order confirmation, the Customer is recommended to contact the Company via the contact form on the site.

The Customer then receives a purchase invoice sent electronically, which the Customer expressly accepts.

The Customer is strongly advised to keep this confirmation message and the purchase invoice which is also sent to him electronically since these documents can be produced as proof of the Contract.

2.2 Cases of refusal to validate the Order by the Company

The Company reserves the right to refuse your Order for any legitimate reason, including for example:
Order not in accordance with the General Terms and Conditions;
Quantities ordered not corresponding to normal use by a consumer Customer;
Non-payment of a previous Order or ongoing dispute concerning a previous Order;
Suspicion of fraud on the Order (supported by a body of consistent evidence).


Article 3 - SPECIFICATIONS AND AVAILABILITY OF PRODUCTS

3.1 Product Specifications

The essential characteristics of the goods and their respective prices are made available to the Customer on the Company's websites, as well as, where applicable, information on the use of the product.

Although the Company takes reasonable care to ensure that the Specifications are accurate, said Specifications, subject to certain exceptions, such as pricing information, are provided by the Company's suppliers. Consequently, the Company declines all liability for any errors that may be contained in the Specifications.

The Specifications are presented in detail and in French. The Parties agree that the illustrations, videos or photos of the Products offered for sale have no contractual value. The validity period of the offer of the Products as well as their prices are specified on the Company's websites.

3.2 Availability of Products

Product offers are valid within the limits of available stocks at our suppliers. This availability of Products is normally indicated on the specific page of the Product.

However, to the extent that the Company does not reserve stock (except in special cases of Products indicated as pre-ordered on the Product sheet), adding a Product to the basket does not absolutely guarantee the availability of the Product as well as its price.

In the event that a Product becomes unavailable after validation of the Customer's Order, the Company will inform the Customer immediately by email. The Order will be automatically canceled and the Company will refund the price of the Product initially ordered, as well as any amount paid for the Order.

However, if the Order contains other Products than the one that has become unavailable, these will be delivered to the Customer and the delivery costs will not be refunded.


Article 4 – PRODUCT PRICES

4.1 Reference prices indicated on the sites

The reference price of the Products offered on the site is the price recommended by the brand, the manufacturer or its official representative. Failing this, it is a price determined based on the prices at which the Product is commonly sold in a range of retailers distributing it. This price is updated as soon as the brand, manufacturer or its official representative communicates a new recommended price for the Product or as soon as the price practiced within the range of retailers is modified.

4.2 Modification of the prices indicated on the sites

The prices of the Products are indicated on the Product description pages. They are indicated excluding tax, customs duties and shipping costs. The Company reserves the right to modify the prices of the Products at any time, in compliance with applicable legislation.

The Products ordered will be invoiced on the basis of the price in effect on the site at the time the Order is validated.

4.3 Price of the products

To the extent that many Products are imported from abroad (outside the European Union) at the request of Customers, the prices of the Products sold through the websites are indicated in Euros excluding tax (excluding VAT and customs duties) unless otherwise indicated. They are precisely determined on the Product description pages. They are also indicated in Euros excluding tax (excluding VAT and customs duties), unless otherwise indicated, on the Product Order page, and excluding specific shipping costs.

The prices of the Product(s) do not include the costs of packaging, conditioning, shipping, transport, insurance and delivery of the Product(s) to the delivery address.

4.4 Payment of taxes

The Customer is solely responsible for the process of declaring and paying import VAT when clearing the Product through customs. The Customer may be asked to pay import VAT. To the extent that this tax is not the responsibility of the Company, it cannot be held liable for reimbursement of this tax.

For all products shipped outside the European Union and/or French overseas territories, the price is automatically calculated excluding taxes on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. The Company has no control over these duties and amounts.

They will be the responsibility of the Customer and are their responsibility (declarations, payment to the competent authorities, etc.). The Company therefore invites the Customer to inquire about these aspects with the corresponding local authorities.


Article 5 – PAYMENT OF THE PRICE OF THE PRODUCTS

5.1 Time of payment

Payment of the entire price of the Order must be made immediately after validation of the Order.

The Company may, exceptionally, grant payment in several installments, in particular with regard to the amount to be paid and its knowledge of the Customer concerned. However, the Company is under no obligation to grant such payment terms. In the event of a special situation, the Customer may request this by contacting the Company's Customer Service at the following address contact@pearlorajewelry.com .

5.2 Payment methods

To pay for his Order, the Customer may choose between different payment methods:

Payment by bank card:
Only bank cards linked to a banking establishment located in France or international bank cards (Visa, MasterCard, American Express and Maestro) are accepted. The Customer guarantees the Company that he has the necessary authorizations to pay with the bank card used. He expressly acknowledges that the commitment to pay given by card is irrevocable and that the communication of his bank card number constitutes authorization to debit his account for the total amount corresponding to the Products ordered. The amount will be debited at the time of validation of the Order.
Payments by credit card are made via a secure payment platform and the information on the credit cards communicated benefits from the SSL encryption process.

Payment via Paypal
Payment by Paypal is accepted up to a limit of €1,000.
It is emphasized that in the event of use of this payment method, the General Conditions of Use of Paypal, which are available on their site, are added to these General Conditions of Sale.

Payment by vouchers and/or promotional codes
The vouchers and/or promotional codes issued by the Company may be used to pay for all or part of the Order. These vouchers and/or promotional codes are only valid once. In the event of an attempt to fraudulently use the vouchers and/or promotional codes, the Company may cancel the Order outright.

Generally speaking, in the event of refusal of payment authorization by officially accredited organizations or in the event of non-payment of the Order, the Company reserves the right to suspend and/or cancel the said Order.

The Company reserves the right to suspend any of the payment methods at any time, in particular in the event that a payment service provider no longer offers the service used or in the event of a dispute with a Customer concerning a previous Order.

The Company reserves the right to implement an Order verification procedure intended to ensure that no person uses another person's bank details without their knowledge. As part of this verification, the Customer may be asked to send by email or post to the Company a copy of an identity document, proof of address and a copy of the bank card used for payment. Precise information on the exact content of the information requested (to preserve the confidentiality of its data) will be communicated to the Customer in the event of verification. The order will only be validated after receipt and verification of the documents sent.


Article 6 - DELIVERY - CUSTOMS CLEARANCE - RECEIPT

6.1 Delivery

Before validating the Order, the Company will provide the Customer with information concerning the various delivery methods and their respective prices. Following the Customer's choice of delivery method, the Company will provide them with an estimate of the delivery time.

The Company will make every effort to ensure that the Product(s) are delivered no later than the scheduled delivery date. In the event of difficulty, the Company undertakes to communicate quickly with the Customer to inform them and seek an appropriate solution with them.

Air transport, shipping and/or delivery of the Product(s) will be fully covered by the Customer ("Delivery Costs"). These delivery costs are included in the final price invoiced to the Customer when placing the Order. However, any customs charges are not included in the price invoiced to the Customer by the Company.

Depending on the terms chosen by the Customer, delivery will be made either to the address specified by the Customer or, where applicable, to a relay point chosen by the Customer from the list of available points. It is therefore the Customer's responsibility to carefully check the delivery information provided, as they remain solely responsible in the event of non-delivery due to incomplete or incorrect information.

6.2 Customs Clearance

When purchasing, the Customer purchases the product tax-free and becomes the importer of the purchased product as the recipient of the Product.

They are therefore particularly responsible for the import and customs clearance processes of the product at the local customs offices. Depending on the price of their order, they may be asked to pay customs duties (for Products with a customs value exceeding €150).

The Customer is solely responsible for the customs duty declaration process when clearing the Product through customs. These customs duties, which are not invoiced to the Customer by the Company, are not the responsibility of the Company. The latter cannot therefore be held liable for the reimbursement of these rights.

6.3. Receipt

Upon receipt of the Product, the Customer undertakes to check that the Product is complete and that it is not damaged.

If an anomaly is found, the Customer must contact the Company's Customer Service within three days (excluding public holidays) following the date of receipt of the Product. Any claim filed after this time limit cannot be processed.


Article 7 – WITHDRAWAL

7.1 Principle and deadline

The Customer has the right to withdraw, without giving any reason, within fourteen (14) calendar days from the date of receipt of his Order. In the event of an Order for several Products, the deadline runs from the receipt of the last Product.

In the event of exercising the right of withdrawal within the aforementioned period, the price of the Product(s) purchased and the shipping costs will be reimbursed, with the return costs remaining the responsibility of the Customer.

7.2 Exclusions

In accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for the following contracts:

De fourniture de biens ou de services dont le prix dépend de fluctuations sur le marché financier échappant au contrôle du professionnel et susceptibles de se produire pendant le délai de rétractation ;
De fourniture de biens confectionnés selon les spécifications du consommateur ou nettement personnalisés ;
De fourniture de biens susceptibles de se détériorer ou de se périmer rapidement ;
De fourniture de biens qui ont été descellés par le consommateur après la livraison et qui ne peuvent être renvoyés pour des raisons d'hygiène ou de protection de la santé ;
De fourniture de biens qui, après avoir été livrés et de par leur nature, sont mélangés de manière indissociable avec d'autres articles ;
De fourniture de boissons alcoolisées dont la livraison est différée au-delà de trente jours et dont la valeur convenue à la conclusion du contrat dépend de fluctuations sur le marché échappant au contrôle du professionnel ;
De travaux d'entretien ou de réparation à réaliser en urgence au domicile du consommateur et expressément sollicités par lui, dans la limite des pièces de rechange et travaux strictement nécessaires pour répondre à l'urgence ;
De fourniture d'enregistrements audio ou vidéo ou de logiciels informatiques lorsqu'ils ont été descellés par le consommateur après la livraison ;
De fourniture d'un journal, d'un périodique ou d'un magazine, sauf pour les contrats d'abonnement à ces publications ;
Conclus lors d'une enchère publique ;

During periods of heavy promotions, requests for exchanges and refunds will not be considered.

7.3 Procedures for exercising the right of withdrawal

To exercise his right of withdrawal, the Customer must inform the Company of his intention to withdraw either by completing the standard form, a model of which appears below, or by sending an unambiguous declaration expressing his intention to withdraw within the 14-day period mentioned above.

Standard model of withdrawal form:

To the attention of the Company WEBDAGAN LLC (name of the site concerned), Customer Service, 1704 Llano St, Santa Fe 87505, NM, USA.

I, the undersigned ______, hereby notify you of my withdrawal from the contract for the sale of the Product below:
Name of the Product:
Date of order and receipt:
Order number:
Tracking number of the withdrawal request:
Customer name:
Customer address:
Customer signature: (only if this form is notified on paper)
Date:

This form must be sent to the Company at one of the following addresses:
For paper delivery, to ---
For electronic delivery, to the address: contact@pearlorajewelry.com

The Customer has 14 days from the date of sending the notification of withdrawal to return the Product to the Company in its original packaging, the return costs being the sole responsibility of the Customer.

The Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) to allow for a resale by the Company. In the event of receipt of opened, used, incomplete, damaged or soiled Products, the Company will not make any refund and may even, if it deems it necessary and appropriate, hold the Customer liable for depreciation of the Product.

In the event of return of the Product under the conditions provided for by law and these General Terms and Conditions, the Company will refund all sums paid by the Customer, including delivery costs, within 14 days of notification of withdrawal, unless the Product is returned afterwards. In this case, the Company will only refund after receipt and verification of the condition of the returned Product.

This refund will be made using the same means of payment as that used by the Customer to pay for the Order, unless the Customer expressly agrees to another means of payment. In the event of payment by gift voucher/promotional code, the Customer will be reimbursed either by sending new gift vouchers/promotional codes for an amount identical to that paid in this form.


Article 8 – GUARANTEES

8.1 Legal guarantees

The Company remains liable for defects in conformity of the goods in accordance with the provisions of Articles L.217-4 et seq. of the Consumer Code as well as for hidden defects in the item sold in accordance with Articles 1641 et seq. of the Civil Code.

When acting under the legal guarantee of conformity (as provided for by Articles L.217-4 et seq. of the Consumer Code), the Consumer Customer:
Benefits from a period of 2 years from delivery to act
Can choose between repair or replacement of the Product, subject to the cost conditions provided for by Article L.217-9 of the Consumer Code
Is exempt from providing proof of the existence of the lack of conformity during the 24 months following delivery of the goods if the Product is new, and during the 6 months following delivery if the Product is sold second-hand.

The Customer may also decide to act under the legal guarantee against hidden defects within the meaning of Article 1641 of the Civil Code, the Customer may choose between cancellation of the sale or a price reduction, in accordance with Article 1644 of the Civil Code.

These legal guarantees apply independently of any contractual guarantee.


Reproduction of applicable texts

L.217-4 Consumer Code
“The seller delivers goods in conformity 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, assembly instructions or installation when this has been made his responsibility by the contract or carried out under his responsibility.”

L.217-5 Consumer Code
“The goods are in conformity with the contract:
1° If they are suitable for the use usually expected of similar goods and, where applicable:
- if they correspond to the description given by the seller and have the qualities that the latter has presented to the buyer in the form of a sample or model;
- if they have the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or in the labeling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. »

L.217-9 Consumer Code
« In the event of a lack of conformity, the buyer chooses between repair and replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the good or the extent of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer. »

L.217-12 Consumer Code
« The action resulting from the lack of conformity is prescribed after two years from the delivery of the good. »

1641 of the Civil Code
« The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them. »

1648 of the Civil Code
« The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. […] »


8.2 Manufacturer's Warranty

Certain Products for sale on the Site benefit from a contractual guarantee granted by the supplier or manufacturer of the Product, to which the Company is not a direct party.

The existence of this type of guarantee is mentioned, where applicable, on the specific page of the Product.
If the Customer wishes to use this guarantee, he/she should notify the Company by contacting Customer Service and should consult the terms of application of the guarantee, which are generally included in the box concerning the Product.

It is recalled that the benefit of the Manufacturer's Guarantee does not prevent the application of the legal provisions concerning the legal guarantee of conformity and the legal guarantee of hidden defects.


Article 9 - PROTECTION OF PERSONAL DATA

As part of the commercial relationship, the Company, the data controller, collects a certain number of mandatory personal data (including, in particular, surname, first name, delivery address, etc. which are indicated by an asterisk) which are absolutely necessary for processing the Order, managing the commercial relationship, producing statistics and complying with the legal and regulatory obligations of the Company. They are kept for 5 years from the end of the Contract.

Failure by the Customer to provide this information would make it impossible to process his/her Order.

This data is intended for internal use by the Company but may be transmitted to companies that contribute to the performance of the service, including in particular those that ensure the delivery of the Products or process payments.

Regarding this personal data, the Customer has several rights:
Right of access to personal data concerning him/her;
Right of rectification and deletion if the personal data is inaccurate, incomplete, ambiguous, outdated or if the collection, use, communication and storage of certain data is prohibited;
Right to limit the processing of data, provided that this request is duly justified and does not prevent the Company from complying with its regulatory and legal obligations;
Right to object to the processing of data (in particular in the case of processing for commercial prospecting)
Right to formulate post-mortem directives concerning the storage, deletion and communication of your personal data
Right to withdraw consent to the carrying out of certain processing operations (processing operations carried out before the withdrawal of consent remain lawful)
Right to file a complaint with the CNIL.

To exercise his rights, the Customer may send a request to the Company, by means of:
a letter addressed to ----
an email to the address: contact@pearlorajewelry.com

The request must mention the Customer's email address, his surname, first name, postal address and must be accompanied by a copy of his identity document front and back.

A response will be sent to him within one month of receipt of the request.


Article 10 - INTELLECTUAL PROPERTY RIGHTS

Unless otherwise specifically stated on the page of a Product, sales of Products on the site do not entail any transfer of intellectual property on the Products sold.

The trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Company or their initial owner. No transfer of intellectual property rights is made through these General Terms and Conditions.


Article 11 - FORCE MAJEURE

The Company shall not be held liable for failure to perform its obligations hereunder in the event of the occurrence of a fortuitous event or force majeure that would prevent the performance thereof. The Company shall notify the customer of the occurrence of such an event as soon as possible.


Article 12 - EXCLUSION OF LIABILITY

Notwithstanding any provision to the contrary set forth herein, the Company shall under no circumstances be held liable for any loss or damage due to improper use of the Product(s) by the Customer, including in particular any modification or alteration of the Product(s) not authorized by the Company.


Article 13 – SUSPENSION – TERMINATION OF ACCOUNT

The Company reserves the right to suspend or terminate the account of a Customer who contravenes the provisions of the General Terms and Conditions, or generally the applicable legal provisions, without prejudice to any damages that the Company may seek.

Any person whose account has been suspended or closed may not subsequently order or create a new account on the Site without the prior authorization of the Company.


Article 14 – ARCHIVING – PROOF

Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

With each Order, the Order summary is sent by email to the Customer and archived on the Company's website.

The archiving of communications between the Company and the Client is carried out on computerized registers which are kept for 5 years under reasonable security conditions. These registers, on which the exchanges are recorded on a reliable and durable medium, are considered as proof of the communications, orders, payments and transactions between the Client and the Company. They can be produced as proof of the Contract.

The archiving of communications, the order, the order details, as well as the invoices is carried out on a reliable and durable medium in order to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the Civil Code. This information can be produced as proof of the contract.

The Client will have access to the archived elements upon simple request at the address

contact@pearlorajewelry.com.


Article 15 - NULLITY AND MODIFICATION OF THE GTC

If any of the stipulations of these GTC is null, it will be deemed unwritten, but will not result in the nullity of all contractual provisions.

Any tolerance on the part of the Company, in the application of all or part of the commitments made within the framework of these GTC, whatever the frequency and duration, shall not constitute a modification of the GTC, nor generate any right whatsoever for the Customer.


Article 16 - APPLICABLE LAW AND SETTLEMENT OF DISPUTES

These GTC are subject to French law.

In the event of any difficulty, Customer Service is at your disposal to find an amicable solution.

In the absence of a solution found directly with Customer Service, the European Commission has set up a dispute resolution platform intended to collect any consumer complaints following an online purchase. The platform then forwards these complaints to a competent national mediator. You can access this platform by following the following link: http://ec.europa.eu/consumers/odr/.