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Terms of Sales and Legal Notice

For your convenience, we have translated the French version of this page into English. This translation is for informational purposes only, and the definitive version of this page is the French version


Updated on 08/05/2024


This website is the property of By minuit. This site offers visitors jewelry. By accessing or using our Service's website, you confirm that you agree to what you have read, understood and agreed to be bound by these Terms.
The byminuit.com website is hosted by Wix, 

Wix Online Platform Limited
1 Grant's Row, Dublin 2 D02HX96, Ireland

Article 1. Object  
These conditions of sale are concluded on the one hand by the company By minuit hereinafter referred to as "By minuit" or "we" and managing the site byminuit.com and, on the other hand, by any natural or legal person wishing to proceed to a purchase via the byminuit.com website, hereinafter referred to as "the buyer".
These conditions of sale aim to define the contractual relationship between By minuit and the buyer and the conditions applicable to any purchase made through the website byminuit.com.

The acquisition of a product through this site implies unreserved acceptance by the buyer of these conditions of sale, which the buyer acknowledges having read prior to his order. Before any transaction, the buyer declares on the one hand that the purchase of products on the byminuit.com site is not directly related to their professional activity and is limited to strictly personal use and on the other hand to have full legal capacity , allowing them to engage under these general conditions of sale. 
The company By minuit retains the possibility of modifying these conditions of sale at any time, in order to comply with any new regulations or in order to improve the use of its site. Therefore, the applicable conditions will be those in force on the date of the order by the buyer.
When we change the Terms in a material way, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our Service after any such change constitutes your acceptance of the new terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access the Website or Service.

Article 2. Legal notices

The byminuit.com site is published by the company By minuit - Abramo Mélissa, whose head office is located at 2 rue Pasteur - 01400 Châtillon-sur-Chalaronne registered in the Trade and Companies Register of Bourg en Bresse under the siret number 89037157800042.
The byminuit.com website is hosted by Wix, 
Wix Online Platform Limited
1 Grant's Row, Dublin 2 D02HX96, Ireland

If the buyer wishes to contact the company By midnight, they can do so by email at the following address: byminuit@gmail.com.

 

 

Article 3. Products 
The products offered are those that appear on the byminuit.com website of the By minuit company, within the limits of available stocks.
Stock indications are updated automatically and in real time. However, an update error, whatever its origin, does not engage the responsibility of By minuit and we cannot be held responsible for the cancellation of an order or a product because of depletion of stocks. The company By minuit reserves the right to modify the assortment of products at any time. Each product is presented on the website in the form of a description containing its main technical characteristics (capacity, use, composition, etc.). The photographs are as accurate as possible but in no way bind the Seller. The sale of the products presented on the byminuit.com site is intended for all buyers residing in countries which fully authorize the entry into their territory of these products.
Special cases :
The sizes of the products indicated in the descriptions may vary by a few millimeters or centimeters compared to the product description, without this difference being acceptable as an item defect.

 

Article 4. Rates  
The prices appearing on the product sheets of the internet catalog and are prices in Euros (€) all taxes included (TTC) taking into account the VAT applicable on the day of the order. The company By Minuit reserves the right to modify its prices at any time and to correct any price errors that may occur inadvertently, it being understood, however, that the price appearing in the catalog on the day of the order will be the only one applicable to the Buyer. The prices indicated do not include delivery costs, invoiced in addition to the price of the products purchased according to the total amount of the order. In mainland France and overseas areas for any order over or equal to 45 euros including tax, shipping costs are free; for any order less than 45 euros including tax, a flat rate contribution to shipping costs will be invoiced to the buyer in the amount of 4.50 euros including tax.
In Germany, Saudi Arabia, Australia, Austria, Brazil, Belgium, Canada, Croatia, South Korea, Cyprus, Denmark, Spain, Estonia, USA, Finland, Great Britain, Hong Kong, Hungary, Ireland, Iceland, Italy, Lebanon , Lithuania, Luxembourg, Malaysia, Malta, New Zealand, Netherlands, Poland, Portugal, Singapore, Slovakia, Slovenia, Serbia, Sweden, Switzerland, Japan, Gibraltar, Latvia, Norway, Russia, for any order over or equal to 120 euros including tax, shipping costs are free; for any order less than120 euros including tax, a flat rate contribution to shipping costs will be invoiced to the buyer in the amount of 7 euros including tax.

 

Article 5.1 Order and terms of payment 
Before any order, the buyer can create an account on the byminuit.com website. The account creation section is accessible directly from the side menu bar. At each visit, the buyer, if they wishes to order or consult their account (order status, profile, etc.), can identify themselves using this information. The company By minuit offers the buyer to order and pay for their products in several stages :
 

By credit card ( CB, Visa, Visa Electron, MasterCard, American express, Maestro, Discover)
The buyer selects the products they wishes to order in the "basket", modifies if necessary (quantities, references, etc.), checks the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. Then, the buyer chooses the method of payment: "Payment by bank card". Finally, the last step offers them to check all the information, read and accept these general conditions of sale by ticking the corresponding box, then invites them to validate their order by clicking on the "Confirm my order" button. This last click forms the final conclusion of the contract. The customer must indicate the number of their card, as well as its expiry date and the three digits of the cryptogram appearing on the back of it, directly in the area provided for this purpose (secure entry by SSL encryption).
Payment by credit card is made using the secure platform Stripe Payments Europe, Ltd. ("Stripe"). By minuit therefore has no access to any buyer payment data.
The payment made by the buyer is subject to Stripe's privacy policy (https://stripe.com/privacy).
In the event of a transaction refusal by the buyer's bank or by Stripe in order to limit fraudulent behavior, the order will not be taken into account and By minuit cannot be held responsible for this refusal.

 

The confirmation of an order entails acceptance of these conditions of sale, the recognition of having perfect knowledge of them and the renunciation of availing oneself of its own conditions of purchase. All the data provided and the recorded confirmation will constitute proof of the transaction. If the buyer has an e-mail address and if they have entered it on their order form, the company By minuit will send them by e-mail confirmation of the registration of their order.

 

Article 5.2 Loyalty program

The buyer can take advantage of a loyalty program by registering on the site. The program consists of accumulating points ("Étoiles"). The buyer can then redeem them for a discount voucher.
• 50 Étoiles = -5% on the next order
•100 Étoiles = -10% on the next order
The buyer accumulates Étoiles with each order and can also receive 5 Étoiles for a post or a story on Instagram.
Vouchers cannot be combined with other offers and are neither exchangeable nor refundable.

 

Article 6. Retention of title  
The company By minuit retains full ownership of the products sold until full payment of the price, in principal, costs and taxes included.

 


Article 7. Withdrawal 
Under Article L121-18 of the Consumer Code, the buyer has a period of fourteen (14) working days from the delivery of the order to exercise his right of withdrawal and thus return the product. to the seller for exchange or refund without penalty, except for return shipping costs.
Please note that the following products are not eligible for return: earrings (in accordance with article L221-28 5° of the consumer code); jewelry worn

 


Article 8. Delivery 
Deliveries are made to the address indicated on the order form which can only be in the agreed geographical area. Orders are delivered by La Poste via tracked letter, delivery service with tracking, delivery without signature. Delivery times are only given as an indication; if these exceed thirty days from the order, the sales contract may be terminated and the buyer reimbursed. By minuit will provide the buyer with the shipping confirmation and tracking number for their package by e-mail. The buyer is delivered to their home by their postman. The risks associated with transport are the responsibility of the purchaser from the moment the items leave the premises of the company By minuit. The buyer is required to check, in the presence of the La Poste employee or the deliverer, the condition of the packaging of the goods and its contents on delivery. In the event of damage during transport, any protest must be made to the carrier within three days of delivery.
In the event of an order to a country other than metropolitan France, customs duties or other local taxes (local VAT, customs tax, import duties, etc.) may be payable. These rights are the sole responsibility of the customer and are their full responsibility both in terms of declarations and payment to the competent authorities.

 


Article 9. Returns

For any undamaged and unworn product, simply contact us at byminuit@gmail.com and return it with its accessories and packaging along with the original receipt (or gift voucher) within 14 days of the date of receipt of the product. We will exchange it or offer you a voucher for the value of the returned product or offer you a refund based on the original method of payment. In addition, please note that the following products are not eligible for return: earrings (in accordance with article L221-28 5° of the consumer code); jewelry worn.
Electronic gift cards are non-refundable. Products purchased with a gift card are also non-refundable.

If there is a gift (of any kind) included in your order, if you choose to return your entire order, you will also need to return the gift.
 

Article 10. Warranty 
All the products supplied by the company By minuit benefit from the legal guarantee provided for by articles 1641 and following of the Civil Code. In the event of non-compliance of a product sold, it may be returned to the company By Minuit who will take it back, exchange it or refund it. All complaints, requests for exchanges or reimbursement must be made by e-mail to the address: byminuit@gmail.com, within thirty days of delivery.
Special cases: The sizes of the products indicated in the descriptions may vary by a few millimeters or centimeters compared to the product description, without this difference being acceptable as an item defect.

 


Article 11. Liability 
The company By minuit, in the distance selling process, is bound only by an obligation of means. It cannot be held liable for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, service interruption, or other involuntary problems.

 


Article 12. Intellectual property  
All elements of the byminuit.com website are and remain the exclusive intellectual property of the company By minuit. No one is authorized to reproduce, exploit, or use for any reason whatsoever, even partially, elements of the site whether in the form of a photo, logo, visual or text. Except as expressly provided herein, nothing in these Terms shall be deemed to create a license in or under such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display , publish, adapt, modify or create derivative works thereof.

 

Article 13. Personal data
The company By minuit undertakes to preserve the confidentiality of the information provided by the buyer, which they would have to transmit for the use of certain services. Any information concerning them is subject to the provisions of Law No. 78-17 of January 6, 1978. As such, the Internet user has a right to access, modify and delete information concerning them. They can make the request at any time by mail to the following e-mail address  : byminuit@gmail.com.
When using our Services and placing orders, you agree to provide Us with your true and existing email address, postal address and/or other contact details. You also agree that We may use this information to contact you in the context of your order if necessary, while respecting your right to privacy.
Please refer to the "Privacy and Cookies" page for more information.

 


Article 14. Settlement of disputes 

These distance selling conditions are subject to French law.
For any complaints, please contact By midnight by email: byminuit@gmail.com

Any request relating to a dispute between the customer and the company By midnight and which cannot be resolved by an initial contact by email must be made by registered mail with acknowledgment of receipt.

In accordance with articles L.616-1 and R.616-1 of the Consumer Code, By midnight offers a consumer mediation system.
If the Customer is not fully satisfied with the response provided by By midnight to his complaint, he has the possibility of calling free of charge on the mediator Center de la Médiation de la Consommation de Conciliateurs de Justice (CM2C). He can submit his complaint on the site: https://www.cm2c.net/, or at the email address: cm2c@cm2c.net, or by post to the address: 49 Rue de Ponthieu, 75008 Paris.


Before contacting the mediator, it is imperative to first send a written complaint to By midnight.


In accordance with article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, the European Commission has established an Online Dispute Resolution platform, intended to simplify the extrajudicial resolution of disputes online between consumers and professionals in the European Union. You can access this platform via the site: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR

 

Article 15. Promotional emails and content

You agree to receive promotional messages and materials from us from time to time. If you do not wish to receive such promotional materials or notifications, please let us know at any time.

 

Article 16. Right to suspend or cancel a user account

We may permanently or temporarily terminate or suspend your access to the Service without notice or liability for any reason, including if, in our sole determination, you violate any provision of these Terms or any applicable law or regulation. You may stop using and request to cancel your Account and/or all Services at any time.

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