Terms of sale

General Terms and Conditions of Use and Sale

PREAMBLE

This website www.justineclenquet.com (the "Site") is published by the company JUSTINE CLENQUET - CLNQT SARL, a ‘société à responsabilité limitée unipersonnelle’ (one-person limited liability company), with a share capital of 500,000 euros, entered in the Trade and Companies Register of Lille under the reference number B 812 640 068, whose registered office is located at 104b, Rue des Meuniers, 59000 Lille, France and whose intra-community VAT number is FR 10812640068 (hereinafter “JUSTINE CLENQUET - CLNQT”).

ARTICLE 1 – OBJECT

These general terms and conditions of use and sale (the "GTCU") govern the use of the Site by any user wishing to access the Site and make a purchase on the Site (the "User" or the "Customer").

By accessing the Site, the User acknowledges having read and fully and unreservedly accepts the GTCU.
JUSTINE CLENQUET - CLNQT reserves the right to modify the GTCU at any time. The change will take effect immediately upon posting the GTCU.

ARTICLE 2 – ACCESS TO THE SITE

The Site is accessible to any User, subject to having an Internet connection.
Users have the option of creating a customer account (“Customer Account”) to place a purchase order on the Site.
However, Users can also place a purchase order on the Site as a guest, without the need to create a Customer Account.

ARTICLE 3 – CUSTOMER ACCOUNT

The Customer Account allows Users to consult and update their contact details and means of payment, follow their current orders, and consult the history of their last purchase orders.

To create a Customer Account, Users must complete a registration form including their contact details (title, surname, first name, postal and email address, telephone, date of birth) and create a personal password. Users will then receive an email confirming the creation of their Customer Account.

By creating a Customer Account, Users undertake to provide accurate, complete, and up-to-date information.
It is specified that the identifiers (email address or customer number and password) are the sole responsibility of the Users. Users must therefore ensure the confidentiality of this information and report any fraud or hacking to JUSTINE CLENQUET’s - CLNQT customer service as soon as possible.

ARTICLE 4 – PRODUCTS

The Site offers fashion jewelry for sale, made of brass dipped in palladium or brass dipped in pale gold 24k. We also work with sterling silver and crystal elements. Our products are designed and handcrafted in our French workshop.

The Site also offers leather and patent leather shoes for sale. Our shoes are designed in France and handcrafted in Portugal and Italy.

The products governed by these GTCUs are those which appear on the Site (the “Products”).

The Products are offered for sale within the limits of available stocks. The Site does not guarantee that the Products will be in stock. The Site reserves the right to remove a Product at any time for any reason.

The colors, features, specifications, and details of the Products are described and presented with the greatest possible accuracy. However, the Site does not warrant that the colors, features, specifications, and details of the Products will be accurate, complete, reliable, current, or free from other errors, and Users' digital display may not accurately reflect the actual colors and details of the Products.

JUSTINE CLENQUET - CLNQT recommends that Users buy the Products either directly on the Site or from its distributors to guarantee the authenticity of their purchase.

ARTICLE 5 – PRICE

The prices of the Products are indicated in Euros all taxes included, including the applicable French VAT (20%).

The prices of the Products are exclusive of delivery costs (shipping, packaging, and making up the package according to the applicable amounts). The amount of the delivery costs will be specified before the validation of the order.

The prices of the Products may be modified at any time. However, a price cannot be modified once the purchase order has been validated.

ARTICLE 6 – PURCHASE ORDER

Placing the purchase order

The Customers have the possibility to place their purchase order from the catalog of Products available on the Site.
The Customers order the Product(s) of their choice by clicking on “Add to Cart”.
Depending on the nature of the Product, the Customer may have to choose the size of the Product.

Confirmation of the purchase order

Any purchase order implies acceptance of the prices and descriptions of the Products available for sale.
When the cart is validated, the Customer must choose the delivery address and the payment method.

The Site will acknowledge receipt of the purchase order as soon as it is validated and will send a confirmation e-mail. If they do not receive this confirmation within 10 minutes, Customers are invited to check their "junk mail" folder or contact the Site's customer service.

Customers residing in China who have an “@163.com” or “@qq.com” email address may not receive certain email notifications. They are invited to provide another reliable e-mail address or to contact the Site's customer service.

In case of unavailability of a Product ordered, the Customer will be informed by e-mail. The cancellation of the order for this Product and its possible refund will then be made, the rest of the order remaining firm and definitive.

For any question relating to the follow-up of an order, Customers can contact the Site by e-mail at the address customercare@justineclenquet.com.

ARTICLE 7 – METHODS OF PAYMENT

The Site uses the 3D Secure payment system to prevent fraud.

Customers can pay for their purchase order:

  • by credit card: Visa, Mastercard, etc.
  • with a PayPal account.

ARTICLE 8 – DELIVERY

The Products are delivered by DHL or any other delivery service that may be set up by JUSTINE CLENQUET - CLNQT.

Countries of delivery

Products are delivered in France, Europe, the United Kingdom, North America, Asia, and Oceania.

Delivery costs and times

The details of delivery costs and times are specified in the “Shipping and Returns” page available on the Site.
The delivery times are mentioned for information only.

Address error

JUSTINE CLENQUET - CLNQT will not be held responsible for the failure to deliver a package due to an incorrect or incomplete delivery address. Once the undelivered Products have been collected by JUSTINE CLENQUET - CLNQT, a new delivery will be possible and incur a reshipping fee invoiced to the Customer.

Duties and taxes

International deliveries are subject to import charges, duties, taxes, or fees of the destination country. These funds are set by the government of that country, in accordance with import/export regulations, and billed by the courier DHL.

JUSTINE CLENQUET - CLNQT is not responsible for these duties, taxes, or other charges.

If a package is returned because a Customer has refused to pay any import taxes or customs duties owed, the package refund will not include shipping and return costs.

Package tracking

When the order is sent, the Customers will receive an e-mail from the DHL carrier allowing them to track their package.

ARTICLE 9 – RETURN OF PRODUCTS

9.1. Exercise of the right of withdrawal

The Customer has a right of withdrawal of fourteen (14) calendar days from the date of receipt of the order.

During this period, the Customer may return the undamaged Products, without having to justify the reasons or pay any penalty. In the event of damaged Products received, the procedure of article 9.3 will apply.

All Products may be subject to withdrawal, except those excluded by law in Article L.221-28 of the French Consumer Code, for example, Products that have been personalized on the Client’s request.

Returned Products must be unworn in their original packaging, with the packaging intact.

Shoes should be tried on a carpeted surface as the soles are delicate.

To exercise the right of withdrawal, the Customer must inform JUSTINE CLENQUET - CLNQT of their wish to withdraw by sending their request either by e-mail to the following address: customercare@justineclenquet.com, specifying the order number in the e-mail subject line, or by post to the following address: 104b, Rue des Meuniers – 59000 Lille, France. The Customer may in particular use the model withdrawal form appearing in the appendix to these GTCUs and send it by e-mail or by post to the aforementioned addresses.

Products returned without prior notification and original packaging will not be accepted.

The Customer must return the Products to JUSTINE CLENQUET - CLNQT, no later than fourteen (14) days following the withdrawal, to the following address: JUSTINE CLENQUET - CLNQT, 104b, Rue des Meuniers – 59000 Lille, France.

The Site does not provide any return labels. Return costs are the responsibility of the Customer. Taxes or duties on international deliveries are non-refundable.

JUSTINE CLENQUET - CLNQT undertakes to reimburse the price of the Product and the initial shipping costs, upon receipt of the Product.

If the Customer does not return the entire order and retains one or more Products ordered, the amount of the initial shipping costs will not be reimbursed by JUSTINE CLENQUET - CLNQT.

Once the returned Product has been quality checked and approved, the refund will be made via the original method of payment used for the returned order and a confirmation email will be sent to the Customer.

JUSTINE CLENQUET - CLNQT is not responsible for items purchased from other retailers.

9.2. Exchange

The Customer also has the option of requesting an exchange, within fourteen (14) days of receipt of the Product. Products sent for exchange without prior notification and original packaging will not be accepted.

Only exchanges with an equivalent Product will be accepted.

The costs of returning the Product are the responsibility of the Customer.

9.3. Special case of a non-compliant Product

The Customer must check the Product at the time of its delivery and if the Product delivered is non-compliant (Product error, defective, damaged or incomplete Product), make written observations at the latest within three (3) days following this delivery, to the carrier and/or JUSTINE CLENQUET - CLNQT, by sending a photograph of the Product.

In all cases, the provisions set out in article 10.1 on legal warranties will apply. Thus, the non-compliant Product delivered can only be the subject of a replacement or a repair, initially. Nevertheless, if the new Product received is not satisfactory, the Customer may exercise, where applicable, the right of withdrawal in accordance with the provisions of Article 9.1. above.

ARTICLE 10 – LEGAL GUARANTEES

All Products for sale on the Site benefit from the legal guarantee of conformity (articles L. 217-1 and following of the French Consumer Code) and the guarantee against hidden defects (articles 1641 and following of the Civil Code), allowing the Client to return the defective or non-compliant Products delivered.

10.1. Legal guarantee of conformity

The Customer has a period of two years from the delivery of the Product to act in application of the legal guarantee of conformity.

In this case, the Customer may choose between repairing or replacing the Product, subject to the cost conditions provided for in Article L. 217-12 of the French Consumer Code, or, failing that, reducing the price or the termination of the contract under the conditions of articles L. 217-14 and following of the French Consumer Code.

It is specified that under Article L. 217-13 of the French Consumer Code, any Product repaired under the legal guarantee of conformity will benefit from an extension of the said guarantee for a period of six months. Furthermore, when the Customer chooses the repair, but this will not be implemented by JUSTINE CLENQUET - CLNQT, the Customer may request the replacement of the goods, which will be accompanied, in this case, by a renewal of the legal guarantee of conformity.

This provision applies either when the repair requested cannot be implemented within a period of one month following the Customer's complaint, or before this period, when the non-repair results from a decision taken by JUSTINE CLENQUET - CLNQT.

It is recalled that under Article L. 217-7 of the French Consumer Code, any lack of conformity that appears within a period of twenty-four months from the delivery of the goods, including goods with digital elements, is unless proven otherwise, presumed to exist at the time of delivery unless this presumption is incompatible with the nature of the good or the defect invoked.

10.2. Legal warranty against hidden defects

The Customer may decide to implement the guarantee against hidden defects of the Product sold within the meaning of article 1641 of the French Civil Code.

In this case, the Customer may choose between rescinding the sale or reducing the sale price, in accordance with article 1644 of the French Civil Code.

ARTICLE 11 – EVIDENCE

In all cases, the online provision of the credit card number and the final validation of the order will be considered as proof of the entirety of the said order in accordance with article 1366 of the French Civil Code and all the sums incurred by the selection of the Products listed on the purchase order will be due.

This validation is deemed as signature and express acceptance of all the operations carried out on the Site.

However, in the event of fraudulent use of the credit card, the Customer is invited, as soon as this use is observed, to contact JUSTINE CLENQUET - CLNQT customer service.

The computerized registers, kept in the computer systems of JUSTINE CLENQUET - CLNQT and its partners under reasonable security conditions, will be considered as proof of communications, orders, and payments made between the Customer and JUSTINE CLENQUET - CLNQT.

Archiving of purchase orders and invoices is carried out on a reliable and durable medium to correspond to a faithful and durable copy in accordance with article 1379 of the French Civil Code.

ARTICLE 12 – RESPONSIBILITIES

The information available on the Site is published for general information only.

JUSTINE CLENQUET - CLNQT is concerned to disseminate complete and accurate information but cannot guarantee the accuracy, precision, or completeness of the information made available on the Site and cannot under any circumstances be held responsible in the event of error or inaccuracies contained on its Site and cannot guarantee that the use of its Site does not infringe the rights of third parties.

JUSTINE CLENQUET - CLNQT undertakes to ensure the proper functioning of the Site. However, it cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, an external intrusion, or the presence of computer viruses.

Any use of the Site is made at the User's own risk.

JUSTINE CLENQUET - CLNQT cannot be held responsible for delays in delivery due to errors or disruptions attributable to carriers (including in the event of a total or partial strike in particular of the postal services and means of transport and/or communications).

JUSTINE CLENQUET - CLNQT cannot be held liable if the non-performance of its obligations is attributable either to the unforeseeable and insurmountable event of a third party to the contract or a case of force majeure as defined by French case law.

ARTICLE 13 – INTELLECTUAL PROPERTY

JUSTINE CLENQUET - CLNQT is the exclusive owner of all intellectual property rights or holds the rights of use relating to both the structure and the content of the Site, in particular the brands, texts, images, graphics, logos, icons, sounds, videos, software, etc.

The GTCU do not entail the transfer of any intellectual property rights for the benefit of the User, either on the structure or on the content of the Site, including the trademarks, logos, and designs of JUSTINE CLENQUET - CLNQT. Thus, the User undertakes not to use the elements of the Site in such a way as to infringe the rights of JUSTINE CLENQUET - CLNQT and that this use does not constitute an infringement or an act of unfair or parasitic competition.

Any reproduction, representation, modification, publication, total or partial adaptation of the elements of the Site, whatever the means or process used, is prohibited, except with prior written authorization. Any unauthorized use of the Site or any of these elements it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of articles L.335-2 and seq., articles L.521-1 and seq., articles L.713-2 and seq. of the French Intellectual Property Code with regard respectively to author rights, designs, and registered trademarks.

ARTICLE 14 – MEDIATION

In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, JUSTINE CLENQUET - CLNQT adheres to the Service of the Mediator of e-commerce of the FEVAD (Federation of e-commerce and distance selling) whose contact details are as follows: 60 Rue de la Boétie – 75008 Paris, France (www.mediateurfevad.fr). After prior written action by the Customer vis-à-vis JUSTINE CLENQUET - CLNQT, the Mediator Service may be contacted for any consumer dispute whose settlement has not been successful. The procedures for referral to the Mediator are specified on the FEVAD website.

At the European level, the European Commission provides Customers with an online dispute resolution platform (www.ec.europa.eu/consumers/odr).

ARTICLE 15 – PERSONAL DATA

The personal data collected on the Site will be subject to computer processing. The User is invited to refer to the "Privacy Policy" page of the Site to obtain all the information relating to this point.

ARTICLE 16 – APPLICABLE LAW AND LITIGATION

The GTCU are subject to French law, regardless of the country of residence of the User and the place of placing the purchase order.

In the absence of an amicable agreement, any dispute will be submitted to the competent French courts.

APPENDIX – MODEL OF WITHDRAWAL FORM

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

For the attention of JUSTINE CLENQUET - CLNQT, 104b, Rue des Meuniers – 59000 Lille, France

E-mail: customercare@justineclenquet.com.

I hereby notify you of my withdrawal from the contract relating to the sale of the property below:

Ordered on [……………..] (*) received on [……………..] (*)
(*) Strike out the useless mention

  • Name of consumer(s):
  • Address of consumer(s):
  • Signature of the consumer(s) (only in case of notification of this form on paper)
  • Date :

For any information, you can contact customer service by e-mail at customercare@justineclenquet.com.