The present Terms of Sales (hereinafter “ CGV ”) define the terms and conditions of a distance sales contract via the Online Store located at WWW.ODACE.CO or via any physical ODACE point of sale, ephemeral or not:

BETWEEN

Anyone making a purchase via the website: www.odace.co or via any ODACE physical point of sale, (hereinafter the “ Customer ”)

AND

The company ODACE SAS registered under SIRET number 90471509100016 with the Paris RCS and domiciled at the address 6 rue d'Armaillé, 75017 Paris, France (hereinafter the “ Seller ”).

Article 1 – Purpose and Scope

These General Conditions of Sale apply in the case of the distance sale of Products by the Seller via its online store located at the address WWW.ODACE.CO or via any ODACE physical point of sale (hereinafter the “ Store ”) to a Customer (hereinafter the “ Customer ”). These General Terms and Conditions define the reciprocal rights and obligations of the Seller and the Customer in the event of remote purchase of jewelry products for sale on the Seller's online store (hereinafter the “ Products ”) or in the event of purchase of jewelry products via any ODACE physical point of sale.

The General Terms and Conditions set out the rights and obligations of the Seller and the Customer (hereinafter commonly referred to as " Parties ") in the context of an order placed by the Customer via the Seller's online store, without prejudice to the application of the provisions of the French Consumer Code specific to the Customer as a Consumer. By placing an order on the Seller's online store, the Customer acknowledges having read and accepted these General Terms and Conditions. The General Terms and Conditions in force at the time the order is placed by the Customer on the Online Store are deemed to be accepted without reservation by the Customer. If the Customer renounces acceptance of these General Terms and Conditions, the said order is deemed void.

The Seller reserves the right to modify or update these T&Cs, which is why the Seller imperatively recommends to its Customers the systematic rereading of the T&Cs before placing any order on the Online Store. The date of last update of these General Conditions appears at the top of this page in bold.

The General Conditions of Sale do not apply in cases where:

• The Customer places an order on the Online Store as a natural person or legal entity for professional purposes.
• The Customer places an order on the Online Store as a Professional as understood in the Preliminary Article of the French Consumer Code.

Article 2 – Order

To place an order via the Online Store, the Customer must follow the following steps:

1. Go to the Store at the address: odace.co
2. Select the desired Products and options if applicable
3. Fill out payment and delivery information
4. Validate the order verification step indicating the price to pay and the delivery terms of the order
5. Follow payment instructions

Once the steps for placing the order have been finalized via the Online Store, the Customer will receive confirmation of the Seller's order being taken into account by e-mail. In the absence of confirmation of the order from the Seller, the distance sales contract is deemed void, and the Customer is assured that no sum of money will be taken from him for the payment of this order, or if payment has already taken place, the Customer is assured that the total amount paid for the order will be returned to his bank account.

Any order placed on the Seller's online store constitutes a distance sales contract between the Customer and Seller. The Parties are bound by a distance sales contract as understood by Article L221-1 of the French Consumer Code from the moment the order is confirmed by the Customer after viewing the details and the final price of this order. These General Terms and Conditions apply to the sales contract between the Seller and the Customer. The Seller reserves the right to accept or refuse any order placed by a Customer. The Customer acknowledges being over 16 years old to place an order on the Online Store.

Article 3 – Products

1 – Description of the Products

The Seller undertakes to offer the most precise description and presentation possible of the essential characteristics of each Product displayed on the Online Store. The digital content made available to the Customer for the description of the Products such as photos, videos or any other form of graphic illustration of the Products is presented to the Customer for illustrative purposes and cannot bind the Seller on a contractual basis. The Customer is therefore required to refer to the written description of the Products in order to know the exact description of the Products displayed on the Online Store.

In the event of an error in the display or description of the Products, the Seller reserves the right to correct them at any time and will endeavor to notify the Customer to offer:

• or to renounce the purchase of the Product in question
• or to confirm your purchase in view of the modifications made to the description of the Product in question

If the Customer does not respond to the Seller within 7 days in the event of correction of a change in the description of a Product, the Customer is deemed to have renounced his purchase.

2 – Unavailability of Products

The Seller cannot be held responsible for the unavailability of a Product. The Seller reserves the right to withdraw a Product from the Online Store at any time. In the event that one of the Products ordered by the Customer becomes unavailable although the order has been confirmed by the Seller, the Seller undertakes to contact the Customer as soon as possible to offer:

• or the replacement of the unavailable product with a similar product at an identical replacement price.
• or the reimbursement of the unavailable product by the Seller to the Customer within thirty days.

3 – Personalized products at the Customer’s request

Certain Products can be personalized with an engraving at the Customer's request at the time of ordering when the Customer clicks on the "I would like to have my jewelry engraved" option.

Each request for personalization of Products by the Customer is final and cannot be changed once the order has been sent to the Seller. The Customer remains fully responsible for customization requests submitted to the Seller.

Article 4 – Price

The price of the Products are displayed on the online store with the description of each product and at the time of the order summary. The price displayed corresponds to the price of each Product, all taxes included and excluding delivery costs. Delivery costs are indicated at the time of the order summary and are included in the total price of the order. Delivery costs may vary depending on the type of delivery chosen. The total price of each order is payable in euros (€).

The Customer is required to pay the price per Product displayed on the Online Store at the time of placing the order. However, the Seller reserves the right to modify the prices of the Products at any time.

Article 5 – Payment

Payment corresponds to the payment of the total amount, all taxes included, of the Products and delivery if this is chargeable. The different payment methods accepted on the Seller's Online Store appear at the time of the order payment summary. Bank transfers may be accepted as a means of payment on the Online Store when the Seller agrees in writing with the Customer. The Customer is required to pay the total amount of the order once it has been placed via the Online Store and in particular once the Customer's banking information has been collected for cases of payment by bank transfer.

Article 6 – Exchanges

1 – Exchanges accepted for certain Products

Exchanges are accepted by the Seller without reason within 14 days from the date of receipt of the order by the Customer, for the following Products:

• Earrings ;
• Necklaces;
• Bracelets;
• Rings, only for sizing requests.

An exchange of Product “earrings”, “necklace”, or “bracelet” means the return of the Product ordered by the Customer in exchange for another Product. As part of an exchange of Product "earrings", "necklace", or "bracelet", the Seller offers a voucher equivalent to the market value all taxes included of the Product(s) exchanged valid for 1 year on the Online Store from receipt of the exchanged Products, if the Products are returned in their original condition with their certificate of authenticity issued by the Seller and in accordance with the conditions provided for in the last paragraph of Article 7 §1 of these General Terms and Conditions.

An exchange of a “ring” Product means the return of the Product ordered by the Customer in exchange for the same Product at 2 sizes larger or 2 sizes smaller maximum. Exchanges of “ring” Products are not accepted by the Seller if the Product requested for exchange is more than 2 sizes larger or 2 sizes smaller. The Customer is asked to refer to the size guide to find out whether or not a “ring” Product purchased is eligible for an exchange.

Personalized Products with engraving at the Customer's request cannot be returned or exchanged by the Customer.

2 – Return or exchange instructions

In the event of a return or exchange request, the Customer must contact the Seller by e-mail at the address hello@odace.co . The Seller will provide a shipping slip as well as the shipping instructions to follow for the exchange of the Products. The Customer undertakes to return the desired Products with their original packaging and their certificate of authenticity provided by the Seller, guaranteeing the proper transport and safety of the Product. Shipping costs for returned Products and new Products are the responsibility of the Customer.

Article 7 – Returns for personalization

The Customer may return to the Seller Products which have not yet been personalized with an engraving in order to add a personalized engraving to the Product previously ordered by the Customer on the Online Store. To do this, the Customer must notify the Seller within a maximum of 1 year from the date on which the Customer placed his order on the Online Store.

In the event of a request to return Products for the addition of a personalized engraving, the Customer must contact the Seller by e-mail at the address hello@odace.co . The return of a Product by the Customer in order to add a personalized engraving is charged €40, all taxes included, to the Customer. The return of the Product to the Customer is the responsibility of the Seller.

However, Products which have been personalized engraved at the Customer's request cannot be returned or exchanged by the Customer. This is why the Seller recommends that the Customer does not add personalized engraving at the time of purchase if the Customer is not sure of the choice of model or size of the Product ordered.

Article 8 – Delivery

1 – Price

Delivery costs are offered by the Seller for orders delivered in France and the European Union. However, delivery costs are the responsibility of the Customer for orders delivered abroad outside the European Union.

For orders destined for a country outside the European Union, the Customer may be asked to pay additional customs fees not provided for at the time of payment of the order if applicable. Any payment of customs charges relating to the delivery of Products ordered by the Customer are the responsibility of the Customer.

2 – Deadlines

The delivery time for an order on the Online Store appears at the time of the order summary stage before proceeding with payment for the order. The Seller undertakes to ship the Customer's order once it is paid in full, the Seller has been notified, and the Products ordered by the Customer are prepared and manufactured, and this within a period of 4 to 6 weeks maximum.

The Seller undertakes to ensure delivery of the order within the deadlines set at the time of the order summary, however, this delivery time may be extended in the event of a problem with the supply of materials necessary for the manufacture of the Products, delay excessive by the Product manufacturing workshop, or delay by the carrier. If the delivery time indicated by the Seller when summarizing the order is exceeded, the Customer may request from the Seller a refund of the entire amount paid for his order. He must notify the Seller by email. Upon receipt of the cancellation notice, if the Products have not already been shipped, the Seller must reimburse the Customer within 14 days. Upon receipt of the cancellation notice, if the Products have already been shipped by the Seller, the Customer undertakes to return the Products shipped by the Seller and reimbursement will be made within 14 days from the date of receipt. date of receipt of the Products returned to the Seller. In this case, the costs of returning the Products to the Seller are the responsibility of the Seller.

3 – Conditions

Orders are delivered via DHL or Colissimo for packages shipped to the European Union. Delivery may be made by another carrier for express deliveries as well as for deliveries outside the European Union. The general conditions of the carrier handling the delivery of the order placed on the Online Store are applicable to delivery. If there is no receiver at the address chosen by the Customer for delivery, the carrier leaves a delivery notice notifying the receiver of the delivery attempt. Delivery is considered to have been made once the order is received at the address chosen by the Customer when placing the order.

Some orders may be shipped in installments, separating the Products for shipping. For orders requiring separate shipment of certain Products, the order is considered received once all Products have been received.

The Customer is required to check the condition of the package and the Products it contains. If the package is visibly damaged, the customer may refuse the package to the delivery person, the Customer must inform the carrier by mail with acknowledgment of receipt within three (3) days following receipt of the package and inform the Seller by attaching a copy of the letter sent to the carrier.

Article 9 – Right of withdrawal

1 – Definition and extinction

In accordance with the provisions of the Consumer Code annexed below, in the context of a purchase made by a Customer as a non-professional on the Seller's online store, the Customer has a period of fourteen days calendar from receipt of the Product(s) ordered on the Online Store to exercise, with the Seller, his right of withdrawal without prejudice or justification.

If this fourteen-day period ends on a Sunday, public holiday or non-working day, this period is extended until the next working day. Some orders can be shipped in several installments, the period of fourteen days begins on the day of receipt of the last Product.

2 – Exercise

The right of withdrawal allows a refund of the total price paid by the Customer for one or more Products, all taxes and delivery included, and without justification or prejudice. Additional costs resulting from a choice of delivery method other than the delivery method recommended by the Seller cannot be reimbursed. Only the cost of the delivery method recommended by the Seller will be reimbursed as part of the right of withdrawal. The right of withdrawal applies even to promotional products. In the event of exercising the right of withdrawal, the Customer must return the desired Products in packaging guaranteeing the proper transport and safety of the Product with the withdrawal form attached (Appendix 3 of the General Terms and Conditions) as well as their original packaging and the certificate of authenticity issued by the Seller to the address:

ODACE SAS

6 rue d’Armaillé, 75017 Paris, France

Or by email to: hello@odace.co

The Seller undertakes to reimburse the Customer under fourteen days client. The Customer's reimbursement is considered to have been made once the Customer has received the corresponding amount via the payment method used to pay for the order. If the fourteen days to reimburse the Customer are exceeded, the Seller is exposed to the legal interest rates provided for in Article L242-4 of the Consumer Code.

3 – Exceptions

In accordance with the provisions of the Consumer Code annexed below, in the context of a purchase made by a Customer as a non-professional on the Online Store, the Customer cannot exercise his right of withdrawal for clearly personalized Products. according to the Customer's specifications such as Personalized Products with engraving, or Products specially manufactured at the Customer's request and not appearing in the Seller's catalog. 

Article 10 – Guarantees

1 – Legal guarantee of conformity (Consumer Code)

When purchasing Products via the Seller's online store, the Customer benefits from a legal guarantee of conformity. To act as a legal guarantee of conformity, the Customer, as a Consumer:

• benefits from a period of two years from the delivery of the property to take action;
• can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code;
• is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods. This deadline is extended to twenty-four months from March 18, 2016, except for second-hand goods.

To exercise his right to legal guarantee of conformity, the Customer must only contact the Seller's customer service, the contact details of which are available on the Online Store website, providing proof of purchase of the Product on the Seller's Online Store with their certificate of authenticity issued by the Seller. To make a return as part of the exercise of the legal guarantee of conformity, the Customer must only contact the Online Store's customer service at the following email address: hello@odace.co , provided with proof of purchase of the Products with their certificate of authenticity issued by the Seller. The Online Store's customer service will provide instructions to follow.

The legal guarantee of conformity applies independently of any manufacturer or commercial guarantee granted.

2 – Legal guarantee against hidden defects (Civil Code)

The Customer, as a consumer, may decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the Civil Code. In application of the legal guarantee against hidden defects, the Customer has a period of two years from the date of discovery of the defect to contact the Seller and notify him of the discovery of a defect. The defect corresponds to a defect in the Product such that it is unfit for the use for which it is normally intended.

The Customer can choose between resolution of the sale, either reimbursement including all taxes and delivery, or a reduction in the sale price in accordance with article 1644 of the civil code.

To exercise his legal guarantee right against hidden defects, the Customer must only contact the Seller's customer service, the contact details of which are available on the Online Store website, providing proof of purchase of the Product on the Seller's Online Store. . To make a return as part of the exercise of the legal guarantee against hidden defects, the Customer must only contact the Online Store customer service at the following email address: hello@odace.co , provided with proof of purchase of the Products. The Online Store's customer service will provide instructions to follow.

3 – Exercise of the manufacturer’s warranty right

The Products sold on the Online Store by the Seller may be subject to a warranty issued by the manufacturer of these Products. If offered by the manufacturer, the warranty period for each Product is indicated in its description. Once the manufacturer's warranty period indicated in the Product description has expired, the return of the Product is no longer possible unless the Customer's right of withdrawal applies. To exercise his warranty right, the Customer must only contact the Seller's customer service, the contact details of which are available on the Online Store website, providing proof of purchase of the Product on the Seller's Online Store.

The manufacturer's warranty on the Products does not apply to Products whose installation or assembly is carried out under the sole responsibility of the Customer. Installation and assembly under the sole responsibility of the Customer is necessary for cases where the Products are delivered in separate parts. In these cases of Products delivered in spare parts, assembly is carried out in light of the documents and recommendations provided by the Seller. In these cases, the Seller is not responsible for the installation, assembly or non-compliant use of the Product in relation to its description, the Seller's instructions and recommendations for the Product, or the standards in force. .

To make a return as part of the exercise of a manufacturer's warranty, the Customer must only contact the Online Store's customer service at the following email address: hello@odace.co , provided with proof of purchase of the Products. The Online Store's customer service will provide instructions to follow.

Article 11 – Transfer of ownership

The Product(s) ordered by the Customer become the property of the Customer upon payment of the entire amount of the order, all taxes and delivery included.

Article 12 – Partial nullity

If one or more of the provisions of these General Terms and Conditions are deemed invalid in application of a standard in force or a final decision emanating from a competent court, the provisions not affected by this invalidation remain applicable in their entirety.

Article 13 – Applicable Law and Jurisdiction

These General Terms and Conditions are subject to French Law. In the event of a dispute arising between the Customer and the Seller, the parties will favor an amicable resolution of the dispute by resorting to a Mediator. The contact details of the competent Mediator in the event of a dispute between the Seller and a Customer are available at the following address: https://www.mediation-franchise.com . Any dispute relating to the interpretation and/or execution of these General Terms and Conditions falls under the jurisdiction of the French courts.

MERCASAFE© User License: MS 1001-179011

Appendix 1: Consumer Code

1 – Unfair clauses

Article L132-1, Modified by Order no. 2016-131 of February 10, 2016 – art. 6 , Repealed by Ordinance No. 2016-301 of March 14, 2016 – art. 34 (VD)

In contracts concluded between professionals and non-professionals or consumers, clauses which have the object or effect of creating, to the detriment of the non-professional or the consumer, a significant imbalance between the rights and obligations of the parties to the contract are unfair.

A decree of the Council of State, taken after the opinion of the commission established in article L. 534-1 , determines a list of clauses presumed to be unfair; in the event of a dispute concerning a contract containing such a clause, the professional must provide proof of the non-abusive nature of the disputed clause.

A decree taken under the same conditions determines types of clauses which, given the seriousness of the damage they cause to the balance of the contract, must be regarded, irrefutably, as abusive within the meaning of the first paragraph.

These provisions are applicable regardless of the form or medium of the contract. This applies in particular to purchase orders, invoices, guarantee vouchers, delivery slips or vouchers, tickets or receipts, containing stipulations negotiated freely or not or references to pre-established general conditions.

Without prejudice to the rules of interpretation provided for in  articles 1188, 1189, 1191 and 1192 of the civil code, the abusive nature of a clause is assessed by referring, at the time of the conclusion of the contract, to all the circumstances surrounding its conclusion, as well as to all the other clauses of the contract. It is also assessed with regard to those contained in another contract when the conclusion or execution of these two contracts legally depend on one another.

Unfair clauses are deemed unwritten.

The assessment of the unfair nature of the clauses within the meaning of the first paragraph relates neither to the definition of the main object of the contract nor to the adequacy of the price or remuneration for the good sold or the service offered provided that the clauses are written in a clear and understandable manner.

The contract will remain applicable in all its provisions other than those deemed unfair if it can survive without said clauses.

The provisions of this article are of public order.

2 – Right of withdrawal

Article L121-20-12, Modified by LAW n°2010-737 of July 1, 2010 – art. 59 , Transferred by LAW n°2014-344 of March 17, 2014 – art. 9 (V)

I.-The consumer has a period of fourteen completed calendar days to exercise his right of withdrawal, without having to provide a reason or incur penalties.

The period during which the right of withdrawal can be exercised begins to run:

1° Either from the day on which the distance contract is concluded;

2° Either from the day on which the consumer receives the contractual conditions and the information, in accordance with article L. 121-20-11 , if the latter date is later than that mentioned in 1°.

II.-The right of withdrawal does not apply:

1° To the supply of financial instruments mentioned in Article L. 211-1 of the Monetary and Financial Code as well as to the reception-transmission and execution services of orders on behalf of third parties mentioned in Article L. 321-1 of the same code;

2° To contracts executed in full by both parties at the express request of the consumer before the latter exercises his right of withdrawal;

3° Real estate credit contracts defined in Article L. 312-2 ;

4° Life mortgage loan contracts defined in Article L. 314-1 .

III.-This article does not apply to the contracts mentioned in article L. 121-60 .

IV.-For assigned credit contracts defined in 9° of Article L. 311-1 concluded using a remote communication technique, the withdrawal period of fourteen days cannot be reduced.

The exercise of the right of withdrawal only automatically terminates the contract of sale or provision of services if it occurs within seven days from the conclusion of the credit contract. Furthermore, when the consumer, by an express request, requests immediate delivery or supply of the goods or the provision of services, the exercise of the right of withdrawal does not entail automatic termination of the contract of sale or provision of services. services only if it occurs within three days from the conclusion of the credit contract. Any early delivery or supply is the responsibility of the seller who bears all risks.

Article L221-28, Created by Ordinance No. 2016-301 of March 14, 2016 – art.

The right of withdrawal cannot be exercised for contracts:
1° The provision of services fully executed before the end of the withdrawal period and the execution of which has started after the express prior agreement of the consumer and express waiver of his right of withdrawal;
2° The supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;
3° Supply of goods made according to the consumer's specifications or clearly personalized;
4° Supply of goods likely to deteriorate or expire quickly;
5° Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6° Supply of goods which, after having been delivered and by their nature, are mixed inseparably with other items;
7° Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations on the market beyond the control of the professional;
8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
9° Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10° Supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
11° Concluded at a public auction;
12° Provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a specific date or period;
13° Supply of digital content not provided on a physical medium whose execution has begun after express prior agreement of the consumer and express waiver of his right of withdrawal.

3 – Legal interest rates

Article L242-4, Created by Ordinance No. 2016-301 of March 14, 2016 – art.

When the professional has not reimbursed the sums paid by the consumer, the sums due are automatically increased by the legal interest rate if the reimbursement takes place no later than ten days after the expiry of the deadlines set in the first and second paragraphs. of article L. 221-24 , 5% if the delay is between ten and twenty days, 10% if the delay is between twenty and thirty days, 20% if the delay is between thirty and sixty days, 50% between sixty and ninety days and five additional points per new month of delay up to the price of the product, then the legal interest rate.

4- Legal guarantee of conformity

Article L217-4, Created by Ordinance No. 2016-301 of March 14, 2016 – art.

The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.

Appendix 2: Civil Code

Article 1641, Created by Law 1804-03-06 promulgated on March 16, 1804

The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not have used it. would have given only a lower price, if he had known them.

Article 1644, Modified by LAW n°2015-177 of February 16, 2015 – art. 10

In the case of articles 1641 and 1643 , the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price refunded.

Appendix 3: Withdrawal Form

We would particularly like to remind you that these General Conditions of Use and Sale may be updated, which is why we ask you to pay particular attention to the content of these General Conditions of Use and Sale, as well as their date. latest update available at the top of the page.