Terms of sale
PREAMBLE
This website is published by Ana et Cha, a company with share capital of €1,000, whose registered office is located at BP 93201, 75122 Paris Cedex 03 (France), registered with the Paris Trade and Companies Register under number RCS 899 061 212. The provisions set out below define the rights and obligations of Ana et Cha and the purchaser, hereinafter referred to as the “Customer”. Only natural persons who are not engaged in commercial activities shall be considered purchasers. The customer declares that they have the legal capacity to enter into this contract, that is, that they have reached the age of majority and are not subject to any legal or contractual protection regime, in accordance with Article 1146 of the Civil Code. The website www.ana-cha.com reserves the right to amend these terms and conditions at any time without prior notice. However, any changes will be stated in these general terms and conditions of sale.
ARTICLE 1: FORMATION OF THE CONTRACT
The contract between Ana et Cha and the customer is formed upon order confirmation. This order confirmation summarises the order details and serves as the contract between the Customer, Ana et Cha and the website www.ana-cha.com. All products listed on the website www.ana-cha.com are available for delivery to all countries of the European Union.
ARTICLE 2: ORDERING PROCEDURES
The website www.ana-cha.com enables customers to order from Ana et Cha a selection of Ana & Cha branded products immediately online via the internet for delivery to all countries of the European Union.The ordering process is as follows: The Customer may add a product to the basket at any time by clicking on “add to basket” via the product page. The product is then added to the basket and the Customer may continue browsing the website to add other products. The Customer can view the contents of the basket, including prices and product characteristics, by clicking on “view my basket”. The Customer may then complete the order by clicking on “validate my basket”. For an order to be fully validated, the Customer must either clearly identify themselves by creating a customer account or place an order as a guest. In all cases, they must provide their surname, first name, email address and telephone number, which are strictly personal to them. This information will enable us to ensure the proper performance of the sales contract. To complete the order, the Customer must accept the general terms and conditions of sale, as well as the privacy policy, by ticking the box provided for this purpose; they must provide their billing and delivery details; they must choose the delivery method for their order; they must select their payment method; and they must then validate the order. The order is validated once all fields have been completed by the Customer. To avoid any errors, Ana et Cha recommends that its Customers carefully check the contents of their order (product, price, option) before confirming it. The Customer will be able to carry out this check again in the order confirmation email. If the Customer is registered on the website, they will have access to their order via their personal account under the “my orders” tab. Ana et Cha reserves the right to refuse, cancel and terminate orders at any time for legitimate reasons. For example, in the event of an ongoing dispute concerning payment for a previous order, if Ana et Cha suspects a violation of the general terms and conditions of sale, or in the event of any attempted fraud.
ARTICLE 3: PRODUCT
All orders placed via the website are shipped subject to product availability. Ana and Cha makes every effort to ensure that the products offered on the website are available when the order is placed. For technical reasons, the products selected by the Customer may no longer be available from Ana and Cha when the order is confirmed. In this case, the Customer will be contacted by Customer Service to find an appropriate solution. The essential characteristics of the items are presented on our website in each item listing under the “description” section. The images used are not contractual; there may be some differences between the photographs and the actual item. Indeed, photography is an optical and technical process that may result in variations and visual defects between reality and the photographic rendering. To determine the corresponding sizes, we recommend that Customers consult the size guide found in each product listing or click on "Size guide"
ARTICLE 4: GIFT CARD
Ana & Cha's gift card may not be returned, exchanged, or refunded for any reason whatsoever (including theft, loss, or damage).
If the products purchased using the Ana & Cha gift card are unsuitable, the customer must contact Ana & Cha customer service by email or telephone to submit a return request. The customer has 14 days to submit a return request. Any product may be returned intact, unworn, and in its original packaging. Once received by Ana & Cha customer service, the gift card will be credited with the value of the returned product. If the product does not meet these return conditions, it will be sent back to the customer at the customer's expense.
Ana & Cha's gift card may be used only once on the website. If the amount of a purchase exceeds the available balance of the gift card, the difference may be paid using any payment method accepted by the Ana & Cha website.
Ana & Cha reserves the right to modify the terms of use of the gift card at any time and without prior notice, and will inform customers thereof via its website.
When purchasing a gift card, the customer receives a code valid for one year on the website.
To use the gift card when making a purchase, the code must be entered in the designated field in the shopping cart. Once the code has been applied, the gift card amount will automatically be deducted from the order amount
If it does not work or the procedure does not apply the discount, we recommend that our customers contact Ana & Cha customer service. A solution will then be provided as soon as possible.
ARTICLE 5: PRICES
The prices indicated on the website are expressed by default in euros, including all French taxes (TTC), based on French value-added tax (VAT) at 20%, excluding transport costs. Ana et Cha reserves the right to change the prices without prior notice. The products remain the property of Ana et Cha until the price has been paid in full. The total amount payable by the Customer is the amount indicated upon confirmation of the order. The total basket amount at stage 1 is provided for information purposes only and does not include shipping costs, which will be added once the shipping method has been selected. The total price will be notified on the order when the shipping method is selected. The “Payment” stage allows the Customer to choose their preferred payment method; the amount indicated at this stage is the total amount of the order, including shipping costs. Upon receipt of an order confirmation, an order invoice will be available in the “my account” area once the Customer has confirmed the order. It shall include a summary of the products and the total price paid and debited.
ARTICLE 6: PAYMENT
Any item purchased on the website www.ana-cha.com may be paid for by bank card. The card is debited upon validation of the order, after confirmation by the card-issuing bank. In accordance with the CNIL recommendation, payment details are secured by highly secure pages for entering payment data: card number, expiry date and visual cryptogram (PCI DSS standard). This platform encrypts and then transmits this payment data to the bank in complete confidentiality, making it inaccessible to third parties. If the bank refuses the payment, the order shall be automatically cancelled. At no time do the Customer’s banking details pass through Ana et Cha’s computer system.
ARTICLE 7: DELIVERY AND SHIPPING
Ana et Cha delivers the ordered product(s) to the delivery address indicated by the Customer at the “Delivery address” stage of their order. The Customer must verify its accuracy. Any reshipment due to an incorrect address shall be borne by the Customer. Delivery costs are calculated according to the delivery method chosen by the Customer when placing the order. Each order is processed by Ana et Cha within 2 to 3 business days. The Customer receives an email when their order is shipped, containing a link enabling them to track their order from shipment through delivery via the carrier’s website. The stated delivery times are indicative only. In metropolitan France, the delivery time may not exceed 15 days from receipt of the order confirmation email. The delivery time is approximately 2 to 3 business days. However, Ana et Cha cannot be held liable for delays attributable to the carrier.
ARTICLE 8: RIGHT OF WITHDRAWAL
In accordance with the provisions of Article L.121-21, L.121-21-1, L.121-21-2 of the French Consumer Code, the customer who is not satisfied with their order has a 14-day period after receiving the goods to request a refund. The Customer is not required to provide any specific reason to exercise their right of withdrawal. To exercise their right of withdrawal, the customer may choose one of the following options:
- The withdrawal form (reproduced in the Appendix hereto) by returning it by email (hello@ana-cha.com) or to the following address: Ana et Cha, 7 Rue des Fontaines du Temple,75003 Paris. This form must be enclosed with the parcel that the Customer returns with the products.
- An unambiguous statement (for example, a letter sent by post, fax or email : hello@ana-cha.com). The paper statement must be sent to: Ana et Cha, 7 Rue des Fontaines du Temple,75003 Paris.
If the Customer uses electronic means, Ana et Cha will send them without delay an acknowledgment of receipt of the withdrawal on a durable medium (for example, by email).
Products must be returned by post to the following address: Ana et Cha, 7 Rue des Fontaines du Temple, 75003 Paris.
Return costs are borne by the customer. If the Customer decides to return several items from the same order, all products must be returned together. The products must be returned in their original packaging, in their original condition, new and unworn. If the returned product is damaged, it will be returned to the Customer at their expense.
The Customer will be refunded the amount of the order relating to the returned product or products, no later than 14 days after exercising the right of withdrawal.However, the initial delivery costs will not be refunded.
ARTICLE 9: RETURNED PRODUCTS
To return a product, you must go to the “ my account – my returns ” section and submit your request. You can download the form directly from your account. If you do not have an account, you can contact customer service directly by email: hello@ana-cha.com You will then receive a response from our customer service with details of the procedure to follow to make your return. If the return is due to an error on the part of Ana et Cha (reference, size, hidden defect, etc.), Ana et Cha undertakes to refund the full amount of the product. Subject to Ana et Cha’s approval, the Customer will be refunded the amount of the returned products. Any returned product must be in its intact condition, unworn and in its original packaging. If the product concerned does not comply with these conditions, it will be returned to the customer at their expense.
ARTICLE 10: WARRANTY
The 2-year statutory commercial warranty applies to all Ana&Cha jewellery. The jewellery is warranted against all manufacturing defects for a period of 2 years from the date of purchase. This warranty is valid provided the product is used normally.
The warranty excludes defects resulting from accidents, improper or abusive handling or use (such as impacts, marks from blows, crushing, or exposure to corrosive agents), as well as the consequences of skin acidity, wear and tear, and the normal aging of the jewellery. However, any defective parts due to a manufacturing defect duly identified by our Customer Service Department will be repaired or replaced. In order for the Customer to benefit from the warranty, the Customer must have the purchase invoice for the jewellery. If the Customer encounters a problem during this warranty period, the Customer must contact customer service at the following address: hello@ana-cha.com to learn about the return procedure and find an appropriate solution. When returning the product, the Customer must carefully protect and place the product or products in their original packaging and send them to Ana et Cha, 7 Rue des Fontaines du Temple, 75003 Paris, accompanied by the invoice. After the warranty period, the Customer may have their jewellery repaired by our workshop, subject to a prior quotation. If the Customer accepts it, we will repair their jewellery and return it to them as soon as possible. The repair will be carried out once the Customer’s payment has been validated.
ARTICLE 11: LIABILITY
Ana et Cha shall not be liable for events preventing the proper performance of the contract that are attributable to the customer, a third party to the contract, or force majeure. In addition, the information contained on the website may contain technical inaccuracies or translation or typographical errors, and www.ana-cha.com shall not be liable for them. Ana et Cha shall not be responsible for the use of other websites that customers may access via links on www.ana-cha.com. If a provision proves to be unlawful or is deemed null and void, this shall not result in the nullity of the other provisions.
ARTICLE 12: APPLICABLE LAW
Sales concluded with Ana and Cha via the website www.ana-cha.com are subject to French law. In the event of a dispute, an amicable solution shall be sought before any legal proceedings are initiated. Failing that, all disputes to which this contract may give rise, concerning its validity, interpretation, performance, termination, their consequences and aftermath, shall be referred to the competent court in accordance with the jurisdiction rules of ordinary law.
ARTICLE 13: AMICABLE SETTLEMENT OF DISPUTES - CONSUMER MEDIATION
Pursuant to Article L.612-1 of the French Consumer Code: « Every consumer has the right to use a consumer ombudsman free of charge with a view to the amicable resolution of a dispute with a professional. To this end, the professional guarantees the consumer effective access to a consumer mediation scheme.
The professional may establish its own consumer mediation scheme or offer the consumer recourse to any other consumer ombudsman meeting the requirements of this title.
Where there is a consumer ombudsman whose jurisdiction extends to all businesses in the economic sector to which the professional belongs, the professional shall always allow the consumer to have recourse to that ombudsman.
The conditions under which the mediation process is implemented shall be specified by decree of the Conseil d'Etat».
In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, Ana and Cha subscribes to the E-commerce Ombudsman Service of the "Centre de la Médiation de la Consommation de Conciliateurs de Justice" - CM2C, whose contact details are as follows: 49 rue du Ponthieu – 75008 Paris - https://www.cm2c.net -In the event of a dispute, the Customer must first contact Ana & Cha's Customer Service by email at: hello@ana-cha.com. Following a prior written complaint by consumers to Ana and Cha (Ana & Cha), the Ombudsman Service may be contacted for any consumer dispute whose resolution has not been successful. This Commission has exclusive jurisdiction to handle, within the framework of a mediation process, disputes arising between Ana and Cha and the Customer. To find out how to refer a matter to the Ombudsman, click here.
ARTICLE 14: INTELLECTUAL PROPERTY
Ana et Cha owns the www.ana-cha.com website. In addition, the graphic design, texts and, more generally, everything comprising the www.ana-cha.com website are the property of Ana et Cha. All other graphics appearing on the jewellery and the www.ana-cha.com website belong to Ana et Cha and may not be reproduced. The photographs and diagrams depicting the products may not be reproduced. All names, logos, trademarks and titles used on this website are trademarks or registered names of their respective owners. It is also reiterated that all drawings, designs and plans belong to Ana et Cha, which holds artistic property rights over all of its products. The Customer acknowledges that any counterfeiting of the trademark, drawings, designs or other graphics may be subject to criminal and/or civil penalties at the discretion of Ana et Cha.
ARTICLE 15: PERSONAL DATA
All information requested on the www.ana-cha.com website when placing an order or subscribing to the newsletter is as follows: names, address, email address, telephone number and Customer number. In addition, certain information will be collected while browsing the www.ana-cha.com website via cookies (connection cookies). This personal information is used solely in connection with the operation of the www.ana-cha.com website, in order to ensure better order tracking and improve services. Ana et Cha undertakes not to provide this personal information to any third-party entity without the Customer's prior consent. The Customer may at any time exercise their rights of access, rectification and refusal of processing of personal data, in accordance with Articles 38, 39 and 40 of the French law relating to data processing, files and freedoms. To do so, please contact us at the following address: hello@ana-cha.com. The use of the telephone number is solely for the proper performance of the sales contract between Ana et Cha and the customer. However, the customer may register with Bloctel to object to telephone solicitation using their number. It is also possible to unsubscribe from the newsletter or our mailings at any time.
ARTICLE 16: CUSTOMS
Any order placed on the website and delivered outside Metropolitan France may be subject to any applicable taxes and customs duties imposed when the parcel reaches its destination. These customs duties and any applicable taxes relating to the delivery of an item shall be borne by the Customer and are the Customer's responsibility. Ana et Cha is not required to verify or inform its Customers of the applicable customs duties and taxes. To find out what these are, the member must contact the competent authorities in their country. The language of these general terms and conditions of sale is French. This contract is governed by French law. In the event of a dispute with a Customer, the French courts shall have exclusive jurisdiction.
PROVISIONS RELATING TO LEGAL GUARANTEES
- Article L211-4 of the French Consumer Code: The seller is required to deliver goods that conform to the contract and is liable for defects in conformity existing at the time of delivery. The seller is also liable for defects in conformity resulting from the packaging, assembly instructions or installation where the latter was made the seller's responsibility under the contract or was carried out under the seller's responsibility.
- Article L211-5 of the French Consumer Code:
To conform to the contract, the goods must:
Be fit for the use ordinarily expected of similar goods and, where applicable:
Correspond to the description provided by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model
Have the qualities that a buyer may legitimately expect having regard to the public statements made by the seller, the producer or the seller's representative, particularly in advertising or labelling
Or have the characteristics agreed upon by the parties or be fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the seller.
- Article L211-12 of the French Consumer Code: An action arising from a lack of conformity is time-barred two years from delivery of the goods.
- Article L211-16 of the French Consumer Code: Where the buyer requests the seller, during the course of the commercial warranty granted to them when acquiring or repairing movable property, to restore the property to a condition covered by the warranty, any period of immobilisation of at least seven days shall be added to the remaining term of the warranty. This period shall run from the date of the buyer's request for intervention or from the date on which the property in question is made available for repair, if this occurs after the request for intervention.
- Article 1641 of the French Civil Code: The seller is bound by the warranty for latent defects in the item sold that render it unfit for the use for which it is intended, or that so diminish that use that the buyer would not have acquired it, or would only have paid a lower price for it, had they known of them.
- Article 1648, paragraph 1, of the French Civil Code: An action arising from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
APPENDIX 1: WITHDRAWAL FORM TEMPLATE
Please complete and return this form only if you wish to withdraw from the contract.For the attention of Ana and Cha, BP 93201, 75122 Paris Cedex 03 (email : hello@ana-cha.com).
We also advise you to specify your order number.
I hereby notify you, in accordance with Article L. 221-18 of the French Consumer Code, of my withdrawal from the contract for the sale of the goods indicated below:
Ordered on: […] / Order received on: […]
Order number:
Customer's name:
Customer's address:
Street:
Postal code:
City:
Country:
Signature (only in the event that this form is served on paper):
Date: