The General Terms and Conditions of Sale below (hereinafter the "GTC") are intended to govern all contractual relations between Talisman By, a simplified joint stock company with a capital of 40,000 euros, VAT number: FR08891122541, whose registered office is located at 10, rue de la paix, 75002 Paris, registered with the Paris Trade and Companies Register under number 891 122 541, and its consumer clients (hereinafter the " Client ") who place an order for products (hereinafter the " Products ") through the website www.talismanby.com (hereinafter the " Site ").
The purpose of these GTCs is:
- to specify the terms and conditions of sale offered by Talisman By and of delivery of products ordered on the Site,
- to inform the Customer of his rights and obligations in the context of the online sale of these products.
Any placing of an order through the Site by the Customer implies his unreserved acceptance of the GTC. To this end, the Customer must, before validating his order, confirm that he has read the GTC and that he accepts them without reservation.
Talisman By reserves the right to modify these GTC at any time in the future. The GTC applicable to the Order are those accepted by the Customer at the time of placing the order.
Article 1 - Conditions for ordering the Products
To place an order on the Site, the Customer must have legal capacity and purchase the Products as a consumer and not for resale.
The Products can be shipped to EU Member States and to the French overseas territories.
The prices indicated on the website (hereinafter the " Price ") are inclusive of VAT and HBJOAT, and do not include delivery costs. Delivery costs are indicated to the Customer before the order is confirmed.
In principle, the availability of a Product is indicated on the page of the Site corresponding to the Product. If the items ordered are no longer available, Talisman By will inform the Customer by any means (telephone call or e-mail) as soon as possible. Talisman By will reimburse the Customer in full for the order. Talisman By may also offer the Customer to purchase a similar Product.
The Client undertakes to ensure that all information communicated to Talisman By on the Site in the context of the order complies with these GTC, is complete, accurate and up-to-date. If this is not the case, Talisman By reserves: (i) the right to simply cancel the order and the payment or (ii) to make them conditional on the Customer providing proof of the information and addresses communicated, to ensure their existence and accuracy.
In accordance with the provisions of article L. 121-11 of the French Consumer Code, Talisman By shall be entitled, at its discretion, in the case of retail sales, to refuse any abnormal order exceeding a reasonable number of items.
Talisman By shall also be entitled to refuse any order: (i) made by a Customer with whom there is a dispute relating to the payment of a previous order; or (ii) which does not comply with these GTC.
If Talisman By finds that the order does not comply with these GTC (for example: incorrect delivery address, abnormal order thresholds), it will inform the Customer by any appropriate means. If the Customer fails to proceed with the correction of the erroneous elements or those that are contrary to the GTC contained in the order, Talisman By reserves the right to simply cancel the order and the payment.
Article 2 - Ordering the Products
The Customer's order process varies according to the type of Product ordered.
2.1. Ordering a Non-Customised Product
For a Product that is not personalised (hereinafter a "Non-Personalised Product"), the ordering process is described below.
First, the Customer selects the Product he/she wishes to order. The Product is then added to the basket (hereinafter the " Basket "). The Customer can change the quantity and possibly the size of the Product in the Basket and delete the Product from the Basket.
Once the Customer has finished selecting the Products he/she wishes to order, he/she validates his/her Shopping Cart. The Customer has the possibility to create a Customer Account or to connect to it if he already has one, or to place his order as a guest.
The opening of a Customer Account requires the entry of information by the Customer, in particular a valid email address and a password (hereafter the "Identifiers"). These Identifiers are personal to the Customer and must be kept confidential by the Customer. Opening a Client Account also allows the Client to become a free member of the Talisfriends gratitude program. This loyalty program rewards the actions made by the Customer with the Talisman By brand: purchases, newsletter registration, sharing, social network registration...The details of the General Conditions of Use of the program are available here.
The Customer then enters the name of the recipient (if different from the identity provided in his Customer Account), the delivery address and the billing address (if different from the delivery address). Finally, he/she chooses the delivery method and the payment method. The delivery time is indicated before the order.
Once all this information has been entered and validated, the price of the Products and any delivery costs are displayed. The Customer then proceeds to payment, depending on the payment method used (credit card, PayPal, etc.). Only the confirmation of the payment, or the confirmation of the credit with Talisman By's partner as provided for in Article 5 of the GTC, definitively validates the order and contractually commits Talisman By towards the Customer. Talisman By informs the Customer of the confirmation of the payment and of the order, and communicates the invoice to the Customer on this occasion. The invoice will also be available in the Customer Account as soon as the Products are shipped.
Once the order has been placed, Talisman By reserves the right to contact the Customer to propose a personalisation of the Non-Customised Product. If this personalisation is accepted, the price and delivery time of the Product may be updated. The Product will also be considered as a Customised Product.
2.2 Ordering a Customised Product
Talisman By offers the Customer an ordering process that allows him/her to customise the Product (hereinafter the " Customised Product ") (e.g. choice of designs, arrangement of designs according to the Customer's specifications, choice of materials). Once the choices have been made through the dedicated interface of the Site, the Customer selects the option to order the Product, which is then added to the shopping cart. The same steps as for a Non-Customised Product then apply to the Order, unless otherwise provided in these GTC.
Once an order for a Customised Product has been placed, Talisman By reserves the right to contact the Customer to propose modifications to the specifications of the Customised Product, particularly for technical reasons. If these modifications are accepted, the price and delivery time of the Product may be updated. In the event of a price difference between the Product ordered and the Product thus modified, this difference will be reimbursed by Talisman By (if the price of the replacement Product is lower than that of the Product ordered) or will have to be paid by the Customer (if the price of the replacement Product is higher than that of the Product ordered) before any delivery.
In addition, Talisman By offers the Customer, who has a customer account and is therefore a member of the Talisfriends gratitude program, the possibility of recommending a selection of customizations for the Custom Product based on the Customer's answers to the questionnaire. Talisman By will then recommend one or more customizations directly in the Customer Account. The Customer will be able to add the Customized Product to their shopping cart. Talisman By reserves the right to refuse to respond to a Customer's request beyond two (2) requests per month and two (2) return trips per request.
If the Client wishes to entrust a precious material (e.g. a family gemstone) to Talisman By for the creation of a Custom Product, the Client must send the stone to a trusted third party partner (hereinafter, the "Partner"), who will attest to the characteristics of the material in question. The Partner will issue a certificate stating the main characteristics of the material (e.g. size, carats, sharpness). The Partner will then return the material to Talisman By who will proceed to prepare the Custom Product according to the Client's specifications.
If necessary, the Partner may be mandated by the Client to have the jewellery melted down by a trusted third-party melter.
Talisman By reserves the right to refuse any personalisation requested, particularly for technical or ethical reasons (discrimination, insults, etc.). In this case, Talisman By will inform the Customer by any appropriate means. If the Customer fails to modify the personalisation under conditions acceptable to Talisman By, the latter reserves the right to cancel the order and the payment. In any event, the Client remains responsible for the texts, words and symbols used for the personalisation.
Article 3 - Talisman By E-Gift Card
Talisman By also offers an e-gift card (hereinafter the " Talisman By E-Gift Card ").
The Talisman By E-Gift Card can be used in one or more instalments, up to the amount credited at the time of order. It is valid for a period of twelve (12) months from the date of purchase.
In the event that the E-card Gift Talisman By does not cover the full amount of the order, the balance must be paid by another means of payment accepted by Talisman By.
A Talisman By E-Gift Card cannot be used to purchase other E-Gift Cards .
Article 4 - Prices
The sale prices of the Products offered on the Site are indicated in euros and "all taxes included" (TTC). The sale prices of the Products on the Site are those in force at the time the Customer places the order. Prices may be changed at any time.
In the event of an obvious error in the price, Talisman By reserves the right to cancel the order and refund the Customer.
Prices do not include delivery charges, which are invoiced in addition to the price of the products purchased. Delivery costs are indicated on the Site before the Customer confirms the order.
Article 5 - Payment
The Customer assures that he/she is in possession of the necessary authorisations to use the method of payment he/she has chosen to pay for his/her order.
The authorized means of payment are: credit card, American Express, E-gift card Talisman By, Apple pay, bank card, Paypal.
The Customer may request to benefit from a payment in several instalments or a deferred payment of 40 days, through a financing service offered by ALMA. In this case, the Customer accepts ALMA's general terms and conditions available at the following address and the order will only be finalised if the Customer fulfils the financing conditions set out therein and if the request is accepted by ALMA: Link
Orders are payable in euros, including VAT and delivery charges. The Customer shall be responsible for any bank charges (including in the case of a refund).
In the event of non-payment or partial payment of any sum due by the Customer or in the event of fraud or attempted fraud relating to the use of the Site, Talisman By reserves the right to suspend or cancel any order and/or delivery.
Article 6 - Deliveries
Talisman By undertakes to use its best efforts to respect the delivery time indicated. In any case, Talisman By undertakes to respect a maximum delivery time of ten weeks. For Products in stock, the indicative delivery time is 72 working hours.
Delivery costs, unless otherwise stipulated, are payable by the Customer and vary according to the geographical area of delivery and the delivery method chosen by the Customer.
The Customer is offered packaging options, free of charge. The choice will be offered before the order is confirmed.
The parcel is delivered by the carrier selected by Talisman By to the address designated by the Customer in his/her order and is handed to him/her against signature. Each delivery is deemed to have been made when the Product is made available to the Client, as evidenced by the control system used by the carrier.
It is the Customer's responsibility to check the parcel on arrival and to make any reservations and claims, which appear justified, to the carrier, or even to refuse the parcel, if it is likely to have been opened or if it bears traces of deterioration.
Article 7 - Retention of title - transfer of risk
Talisman By retains ownership of the Products sold until the effective payment of the full price in principal and accessories. These provisions do not prevent the transfer to the Customer of the risks of loss or deterioration of the Products as well as the damage they may cause from the moment of delivery of the Products.
Article 8 - Right of withdrawal
In accordance with the provisions of Articles L. 221-18 et seq. of the French Consumer Code, the Customer has a right of withdrawal for a period of fourteen days from receipt of the Product, without having to give any reason.
In accordance with Article L221-28 of the French Consumer Code, the Customer may not exercise his right of withdrawal for Custom-made Products. Indeed, these products will be manufactured in accordance with his precise wishes and may not be suitable for other consumers. The provisions of this article are therefore only applicable to Non Customised Products.
The Client exercises his right of withdrawal by informing Talisman By of his decision to withdraw by sending, before the expiry of the fourteen day period, the withdrawal form available in the appendix to these GTC or any other unambiguous statement expressing his wish to withdraw. Any request for return, whatever the reason, and in particular in the case of withdrawal, must be addressed to Talisman By's Customer Service. Talisman By reserves the right to refuse any return of a Product that has not been the subject of a prior request.
Where the right of withdrawal applies, the Customer must return the Product within fourteen days of communicating his decision to withdraw. The Customer shall bear the costs of returning the Product. In the event of depreciation of the Product, resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product, the Customer may be held liable. Talisman By may check the Product to ensure that it has not been modified by the Client before returning it.
Talisman By will then proceed with the reimbursement of all sums paid, including delivery costs, within fourteen days from the date on which it is informed of the Client's decision to withdraw. The refund may be deferred until the Product is recovered or until the Customer has provided proof of shipment of the Product, whichever comes first. Talisman By will make the refund using the same payment method as the one used by the Customer for the initial transaction.
Article 9 - Legal guarantees
9.1. Legal guarantee of conformity
In accordance with articles L. 217-4 et seq. of the French Consumer Code, Talisman By is liable for defects in the conformity of the Product existing at the time of delivery, i.e. that it is fit for the use usually expected of similar goods and that it has the characteristics presented at the time of sale. Talisman By is also liable for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at its charge by the contract or has been carried out under its responsibility.
Defects of conformity that appear within twenty-four months from the delivery of the Product are presumed to have existed at the time of delivery, unless proven otherwise. The warranty does not cover defects that the Customer knew or could not have been unaware of when he contracted. The same applies if the defect originates in materials supplied by the Customer.
The action resulting from the lack of conformity is prescribed by two years as from the delivery of the Product.
In the event of a lack of conformity, the Client chooses between repairing or replacing the Product. However, Talisman By may not proceed according to the Customer's choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the Product or the importance of the defect. If the repair or replacement of the Product is impossible, the Client may obtain a refund of the price paid and return the Product or keep the Product and obtain a refund of part of the price, except if the defect of conformity is minor.
9.2 Guarantee for hidden defects
Talisman By is liable for hidden defects in the Product under the conditions set out in articles 1641 et seq. of the Civil Code. Subject to the presentation of proof of purchase, the Customer may invoke the guarantee for hidden defects within a period of two years from the discovery of the defect.
The Customer must prove that the defect was not apparent, existed at the time of purchase and renders the product unfit for the purpose for which it was intended, or significantly impairs that purpose.
Subject to the provision of this proof, the Customer may choose between the cancellation of the sale or a reduction in the sale price, in accordance with Article 1644 of the Civil Code.
Article 10 - Customer service
Throughout the ordering process, Talisman By customer service is available by chat, email (firstname.lastname@example.org) or telephone ([number to be specified]) at the following times: [to be specified].
Article 11 - Intellectual property rights
The Customer acknowledges that he/she does not hold any intellectual property rights on the Products, and in particular on the Custom-made Products. These intellectual property rights remain the property of Talisman By or of the artists who participated in the creation of the Products.
The Site and all its elements (brand, drawings, logos, models, etc.) are the exclusive property of Talisman By, which holds the rights. Any total or partial reproduction is forbidden.
Article 12 - Personal data
The Client's personal data collected and kept by Talisman By in the context of any order is intended for the proper management of orders, deliveries and invoices and in general for the proper execution of the contract resulting from these GTC. It is kept for a period of ten years from the last connection of the Client to his Client Account.
Talisman By may also collect the Client's personal data, subject to their consent, in order to offer an annual beauty service. The data collected in this way is kept for a period of three years from the last connection of the Client to his Client Account.
In addition, the Client's personal data is collected and kept by Talisman By in order to comply with its obligations to keep commercial documents and invoices (legal basis: legitimate interest). They are kept for a period of ten years from the date of the order.
Talisman By reserves the right to use the data transmitted by the Client for commercial purposes if the Client accepts this (he/she then gives his/her consent) when registering on the Site by ticking the following statement: "I wish to receive offers from Talisman By". Otherwise, the Client is considered to be refusing this type of use of his personal data. The Client may at any time indicate his opposition to this type of use.
Article 13 - Liability
Talisman By cannot be held liable in the event of the Customer's fault, in the event of an unforeseeable act by a third party or in the event of force majeure as defined in article 1218 of the Civil Code. The liability of Talisman By is limited to direct, material and foreseeable damage at the time of the conclusion of the contract resulting from a breach of its legal, regulatory or contractual obligations or guarantees.
Article 14 - Applicable law and disputes
These GTC are subject to French law. In the event of a dispute, in accordance with Article R. 631-3 of the French Consumer Code, the Customer may refer the matter either to one of the territorially competent courts under the French Code of Civil Procedure, or to the court of the place where he/she resided at the time of the conclusion of the contract or the occurrence of the harmful event.
The Customer is informed of the possibility of having recourse, in the event of a dispute, to a conventional mediation procedure by sending a written complaint to the FEVAD mediation service, for any complaint related to a purchase on the Site introduced during the last 12 months.
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, Talisman By adheres to the FEVAD (Fédération du e-commerce et de la vente à distance) E-commerce Mediation Service, whose contact details are as follows:
FEVAD E-commerce Mediation Service
60 Rue La Boétie
The Ombudsman Service can be contacted for any consumer dispute that has not been settled amicably. The terms and conditions of referral to the Ombudsman can be consulted here: https://www.mediateurfevad.fr/index.php/espace-consommateur/.
The solution proposed by the Mediator is not binding on the Parties, who remain free at any time to withdraw from the mediation process.
For more information on alternative dispute resolution and the online dispute resolution platform, the Customer can also visit: https: //ec.europa.eu/consumers/odr
ANNEX: MODEL WITHDRAWAL FORM
Download the GTC
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of the services (*) below:
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only in case of notification of this form on paper):
(*)Delete as appropriate.