General terms and conditions of sale

FOREWORD

This site is published by the company Ana et Cha with capital of €1,000, having its registered office at BP 93201, 75122 Paris Cedex 03 (France), registered with the Paris Trade and Companies Register under the number TCR 899 061 212. The conditions listed below define the rights and obligations of the company Ana et Cha and of the buyer, hereinafter referred to as the “Customer”. Only non-trading natural persons are considered to be buyers. The customer declares having the legal capacity to enter into this contract, i.e. that s/he has reached the age of majority and is not under a legal or conventional protection regime, according to article 1146 of the Civil Code. The site www.ana-cha.com reserves the right to change these conditions at any time without notice. However, any possible changes will be mentioned in these general terms and conditions of sale.

ARTICLE 1: FORMATION OF THE CONTRACT

The formation of the contract between Ana et Cha and the customer occurs at the time of the order confirmation. This order confirmation summarizes the details of the order and serves as a 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 European Union countries.

ARTICLE 2: ORDER PROVISIONS

Through the website www.ana-cha.com, you can place an immediate online order with Ana et Cha for a selection of Ana & Cha brand products via the Internet for delivery in all European Union countries. The ordering process is the following: the Customer can add a product to the shopping cart at any time by clicking on “add to shopping cart” on the product page. The product is then added to the shopping cart and the Customer can continue her/his visit on the site so as to add other products. By clicking on “see my shopping cart”, the Customer can view the contents of the shopping cart with prices and product characteristics. S/he can then finalize the order by clicking on “validate my shopping cart”. For an order to be fully validated, the Customer must either clearly identify her/himself by creating a customer account or place an order as a guest. In all cases, s/he must provide her/his name, first name, e-mail address and telephone number, which are exclusively personal. These elements will enable us to ensure the proper execution of the sales contract. To finalize her/his order, the Customer must have validated the general terms and conditions of sale, as well as the privacy policy by ticking the box provided for this purpose; s/he must provide her/his billing and delivery details; s/he must choose the method for delivery of her/his order; s/he must select her/his payment method; s/he must then validate the order. The order is validated once the customer has filled in all of the fields. To avoid any error, Ana et Cha recommends that its Customers carefully check the content of their order (product, price, option) before confirming it. The Customer will be able to repeat this verification upon receiving the order validation by e-mail. If the customer is registered on the site, s/he will have access to her/his order via her/his personal space in the tab “my orders”. Ana et Cha reserves the right to refuse, cancel and terminate orders at any time for legitimate reasons. For example, if there is an ongoing dispute regarding the payment of a previous order or if Ana et Cha suspects a violation of the general terms and conditions of sale or in case of any attempted fraud.

ARTICLE 3: PRODUCT

All orders placed via the website are shipped subject to product availability. Ana et Cha makes every effort to ensure that the products offered on the website are available when ordered. It is possible that, for technical reasons, the Customer’s chosen products may no longer be available from Ana et Cha at the time of the order confirmation. In this case, the Customer will be contacted by the Customer Service so as to find an appropriate solution. The essential characteristics of the articles are presented on our site in each of the article records under the “description” heading. The displayed images are not contractual, some differences may be present between the photographs and the actual object. Indeed, a photograph is an optical and technical process that can present variations and defects of aspect between reality and the image rendered by the photograph. To determine the correspondence of the sizes, we advise the Customers to check the size guide in each product sheet, or to click on “Size guide”.

ARTICLE 4: Gift card

The Ana & Cha gift card cannot be returned, exchanged or refunded for any reason whatsoever (including theft, loss or damage).

If the products purchased using the Ana & Cha gift card prove to be unsuitable, the customer must contact the Ana & Cha customer service by e-mail or telephone in order to request a return. The customer has a period of 14 days in which to request a return. All products can be returned, if undamaged, unworn and with their original packaging. Once received by the Ana & Cha customer service, a credit for the value of the returned product will be added to the gift card. Should the product not comply with these return conditions, it will be returned to the customer at her/his expense.

The Ana & Cha gift card can only be used once on the site. If the purchase amount is greater than the available balance of the gift card, the difference can be paid by any payment method accepted by the Ana & Cha website.
Ana & Cha reserves the right to modify, at any time and without notice, the conditions for use of the gift card, and will inform the customers via its website.
When purchasing a gift card, the customer receives a code valid for one year on the site.
In order to use the gift card during a purchase, this code must be entered in the dedicated space in the shopping cart. Once the code is applied, the amount of the gift card will be automatically deducted from the order amount.
If this does not work or if the use of the card does not result in a discount, we recommend that customers should contact the Ana & Cha customer service. A solution will then be provided as soon as possible.

ARTICLE 5: PRICES

The prices indicated on the site are expressed by default in euros including all French taxes, on the basis of the French 20% value added tax (VAT), excluding shipping costs. Ana et Cha reserves the right to change prices without notice. The products remain the property of Ana et Cha until full payment is received. The total amount owed by the Customer is the amount indicated in the order confirmation. The total shopping cart amount at step 1 is given as an indication, without considering the shipping costs that will be added after selection of the shipping method. The total price will be notified in the order when the shipping method is chosen. The “Payment” step enables the Customer to choose her/his desired payment method. The amount indicated at this step is the total order amount, including shipping costs. Upon receipt of an order confirmation, an order invoice will be available in the “my account” area as of confirmation of the order by the Customer. This will include a summary of the products and the total price paid and debited.

ARTICLE 6: PAYMENT

Payment by credit card is possible for any item purchased on the site www.ana-cha.com. The card is debited upon validation of the order, after confirmation from the bank issuing the card. In accordance with the CNIL recommendation, they are secured by highly secure pages for the entry of payment data: card number, expiration date and visual cryptogram (PCI DSS standard). This platform encrypts and then transmits these payment data to the bank, in complete confidentiality and while making them inaccessible to third parties. In case of refusal by the bank, the order will be automatically cancelled. At no time do the Customer’s banking data transit via the Ana et Cha computer system.

ARTICLE 7: DELIVERY AND SHIPMENT

Ana et Cha delivers the ordered product(s) to the delivery address indicated by the Customer at the “Delivery Address” stage of her/his order. The Customer must verify the accuracy of the information. Any reshipment due to an incorrect address will be charged to the Customer. Shipping costs are calculated according to the delivery method chosen by the Customer when ordering. All orders are processed by Ana et Cha within 2 to 3 business days. The Customer receives an e-mail when her/his order is shipped with a link that enables her/him to monitor the order from shipping to delivery, via the carrier’s website. The stated delivery times are only for information purposes. In mainland France, the delivery time cannot exceed 15 days from the receipt of the order confirmation e-mail. The delivery time is an average of 2 to 3 working days. However, Ana et Cha cannot be held responsible for delays due to the carrier.

ARTICLE 8: RIGHT OF WITHDRAWAL

In accordance with the provisions of articles L.121-21, L.121-21-1, L.121-21-2 of the Consumer Code, a customer not satisfied with her/his order has a withdrawal period of 14 days after receipt of the goods in which to request a refund. The Customer may exercise her/his right of withdrawal without providing a specific reason. In order to exercise her/his right of withdrawal, the customer can use at her/his choice:

• The withdrawal form (reproduced in the Appendix hereto) by returning it by e-mail (hello@ana-cha.com) or to the following address: Ana et Cha, BP 93201, 75122 Paris Cedex 03. This form will be attached to the package that the Customer will return with the products.
• An unambiguous statement (e.g., letter sent by post, fax or e-mail: hello@ana-cha.com). The paper declaration must be sent to: Ana et Cha, BP 93201, 75122 Paris Cedex 03.

If the Customer uses an electronic means, Ana et Cha will promptly provide her/him with an acknowledgement of receipt of the withdrawal on a durable medium (e.g. by e-mail).
Products are returned by postal mail, to the following address: Ana et Cha, BP 93201, 75122 Paris Cedex 03. The return costs remain the responsibility of the Customer. If the Customer decides to return several items from the same order, all of the said products must be returned together. 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 her/his expense. The return of the products will be at the Customer’s expense. The Customer will be reimbursed for the amount of the order concerning the returned product(s), no later than 14 days after the exercise of the right of withdrawal. However, the initial shipping costs will not be refunded.

ARTICLE 9: RETURNED PRODUCTS

To return a product, you must first go to the “my account - my returns” space and make your request. Following this request, Ana et Cha will send an e-mail to the Customer to inform her/him of the terms of 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 reimburse the full amount of the product. Subject to the approval of Ana et Cha, the Customer will be reimbursed for the amount of the returned products. All returned products must be in their original, unworn condition and in their original packaging. If the product in question does not meet these conditions, the product will be returned to the customer at her/his expense.

ARTICLE 10: GUARANTEE

Ana et Cha offers a 6 month commercial guarantee on all jewellery. The jewel is guaranteed against all manufacturing defects for a period of 6 months from the purchase date. This guarantee applies to normal use of the product. The following are excluded from the guarantee: defects resulting from accidents, improper handling or use (such as impacts, marks from blows, crushing, exposure to corrosive agents) as well as the consequences of skin acidity, wear and tear and the normal ageing of the jewel. On the other hand, any defective parts due to a manufacturing defect duly ascertained by our Customer Service will be repaired or replaced. In order for the Customer to benefit from the guarantee, the latter must have the purchase invoice for the jewel. If the Customer encounters a problem during the guarantee period, the Customer must contact the customer service department at the following address: hello@ana-cha.com to find out how to return the goods and to find a suitable solution. In case of product returns by the Customer, it is necessary to protect and carefully place the product(s) in their original packaging prior to shipment to Ana et Cha, BP 93201, 75122 Paris Cedex 03, together with the invoice. Over and above the guarantee, the customer can have her/his jewel repaired by our workshop with a preliminary estimate. If the customer accepts this estimate, we will repair the jewel and return it to the customer as soon as possible. The repair will be performed after validation of the Customer’s payment.

ARTICLE 11: LIABILITY

The company Ana et Cha cannot be held liable for events preventing the proper fulfilment of the contract and that are attributable to the customer, to a third party to the contract or to a case of force majeure. In addition, the information provided by the site may contain technical inaccuracies or errors in translation or typography, for which www.ana-cha.com cannot be held liable. Ana et Cha bears no liability for the use of other sites that customers may access via links on www.ana-cha.com. If any condition is found to be illegal or invalid, this in no way invalidates the other conditions.

ARTICLE 12: APPLICABLE LAW

Sales concluded with Ana et Cha via the website www.ana-cha.com are subject to French law. In the event of a dispute, an amicable solution will be pursued prior to any legal actions. Failing this, all disputes possibly resulting from this contract, regarding its validity, interpretation, execution, termination, the consequences and sequels thereof, will be submitted to the competent court in accordance with the common law rules of jurisdiction.

ARTICLE 13: AMICABLE SETTLEMENT OF DISPUTES - CONSUMER MEDIATION

Pursuant to article L 612-1 of the Consumer Code: “Any consumer has the right to have no-cost recourse to a consumer mediator in order to seek an amicable solution for a dispute between her/him and a professional. To this end, the professional guarantees the consumer’s effective recourse to a consumer mediation system.
The professional may set up its own consumer mediation system or offer the consumer recourse to any other consumer mediator meeting the requirements of this section.
When there is a consumer mediator whose competence extends to all companies in a field of economic activity to which it belongs, the professional always allows the consumer to have recourse to this mediator.
The implementation provisions of the mediation process are specified by a Council of State decree.” In compliance with the provisions of the Consumer Code concerning the amicable settlement of disputes, Ana et Cha adheres to the Service of the E-Commerce Mediator of the AME Conso, the contact details of which are the following: 11 place Dauphine – 75001 Paris - https://www.mediationconso-ame.com -In case of a dispute, the Client must first contact the Ana & Cha Customer Service Department by e-mail at: hello@ana-cha.com. After a prior written request from the consumer to Ana et Cha (Ana & Cha), the Mediator’s Service may be contacted for any consumer dispute that has not been resolved. This Service has exclusive competence to deal with disputes between Ana et Cha and the Customer through mediation. For instructions on referrals to the Mediator, click here.

ARTICLE 14: INTELLECTUAL PROPERTY

The company Ana et Cha is the owner of the website www.ana-cha.com. In addition, the graphics, texts, and more generally everything comprising the site www.ana-cha.com is the property of the company Ana et Cha. All other graphics appearing on the jewellery and the website www.ana-cha.com belong to the company Ana et Cha and cannot be reproduced. Photos and diagrams representing the products cannot be reproduced. All names, logos, trademarks and titles used on this site are registered trademarks or registered names of their owners. It is also recalled that all drawings, models and plans belong to Ana et Cha that benefits from an artistic property right pertaining to all of its products. The Customer acknowledges that any infringement of the trademark, designs or other graphics may be subject to punishment by criminal and/or civil penalties at the discretion of Ana et Cha.

ARTICLE 15: PERSONAL DATA

The following is all of the information requested on the site www.ana-cha.com when ordering or registering for the newsletter: name, address, e-mail, telephone number and customer number. In addition, certain information will be collected when browsing on the www.ana-cha.com site (via cookies). This personal information is used only in the context of the use of the site www.ana-cha.com, in order to ensure better tracking of orders and improved services. The company Ana et Cha undertakes not to provide this personal information to any third party without the prior consent of the Customer. The Customer may at any time exercise her/his rights of access, rectification and refusal of processing of personal data, in accordance with articles 38, 39 and 40 of the law on data processing, files and freedoms. To this end, please contact us at the following address hello@ana-cha.com. The use of the telephone number exists solely for the purpose of the proper fulfilment of the sales contract between Ana et Cha and the customer. However, the customer may register with Bloctel in order to oppose the use of her/his number for telephone canvassing. It is also possible to unsubscribe at any time from the newsletter or our mailings.

ARTICLE 16: CUSTOMS

Any order placed on the site and delivered outside of mainland France may be subject to possible taxes and customs duties that are applied when the package reaches its destination. The Customer is responsible for these customs duties and possible taxes related to the delivery of an item. Ana et Cha is not obliged to check and inform its Customers of the applicable customs duties and taxes. To find out about them, the member must contact the competent authorities in her/his country. The language of these general terms and conditions of sale is French. This contract is subject to French law. In case of dispute with a Customer, only French courts will have jurisdiction.

PROVISIONS RELATIVE TO LEGAL GUARANTEES

• Article L211-4 of the Consumer Code: The seller is required to deliver an item that complies with the contract, and answers for compliance faults existing at the time of delivery. It is also liable for compliance faults resulting from the packaging, assembly or installation instructions, if it is responsible for the latter pursuant to the contract or was performed under its responsibility.
• Article L211-5 of the Consumer Code:

To be compliant with the contract, the item must:

Be suitable for the usually expected purpose of a similar item and, if relevant:

Correspond to the description given by the seller and have the qualities indicated to the buyer in the form of a sample or model

Have the qualities that a buyer could legitimately expect in view of the public statements made by the seller, by the producer or by its representative, notably through any advertising or labelling

Or have the characteristics defined by mutual agreement between the parties or be suitable for a specific usage desired by the buyer, that has been indicated to the seller and accepted by the latter.

• Article L211-12 of the Consumer Code: Actions relating to a compliance fault are statute-barred after two years as of the delivery of the item.
• Article L211-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee granted to her/him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days is added to the remaining duration of the guarantee. This period begins on the date of the buyer’s service request or on the date on which the product in question is made available for repair, if this availability is subsequent to the service request.
• Article 1641 of the Civil Code: The seller is bound by the guarantee against hidden defects in the item sold that render it unsuitable for its intended purpose, or that so diminish this purpose that the buyer would not have acquired it, or would only have paid a reduced price if s/he had been aware of them.
• Article 1648 sub-paragraph 1 of the Civil Code: The action resulting from critical defects must be brought by the buyer within a period of two years of discovery of the defect.

APPENDIX 1: WITHDRAWAL FORM TEMPLATE

Please complete and return this form only if you wish to withdraw from the contract.

To be sent to Ana et Cha, BP 93201, 75122 Paris Cedex 03 (e-mail: hello@ana-cha.com).

We advise you to also indicate your order number.

I hereby notify you, in accordance with article L. 221-18 of the Consumer Code, of my withdrawal from the contract for the sale of the following goods:

Ordered on: […] / Order received on: […]
Order number:
Customer’s name:
Customer’s address:
Street:
Postal code:
City:
Country:
Signature (only if this form is submitted on paper):
Date: