Terms and Conditions of Sale

General Terms and Conditions of Sale

Article 1 – Definitions

These General Terms and Conditions of Sale (hereinafter the "GTC") are offered by the company Taillet Céline, under number 0553180.002 and whose registered office is located at BP 2287 Nouméa 98846 Nouvelle Calédonie. (hereinafter "Iloha création").

Hereinafter referred to as: 

"Site": the website "https://ilohacreation.nc" and all its pages, the exclusive property of the Company.

"Products" or "Services": all products (material goods) and services (benefits) that can be purchased or subscribed to on the Site.

"Seller": Iloha création, a legal entity or natural person, offering its Products or Services on the Site.

"Customer": the internet user, individual or professional, making a purchase of Product(s) or Service(s) on the Site.

"Consumer", in accordance with the definition in the preliminary article of the Consumer Code: "any natural person who acts for purposes that are outside the scope of his commercial, industrial, craft or liberal activity."

The internet user visiting the Site and interested in the Products and Services offered by the Seller is invited to read these GTC carefully, to print them and/or to 

save them on a durable medium, before placing an order on the Site.

The Customer acknowledges having read the GTC and fully accepts them.

Article 2 – Application of the GTC and purpose of the Site

The Seller reserves the right to modify the GTC at any time by publishing a new version of them on the Site.

The GTC applicable to the Customer are those in force on the day of their order on the Site.

Legal information concerning the host and publisher of the Site, the collection and processing of personal data, and the terms of use of the Site are provided in the general terms of use, the legal notice, and the data charter of this Site.

This Site offers the online sale of artisanal jewelry and decorative items.

The Site is freely accessible to all Customers. The acquisition of a Product or a Service implies the Customer's full acceptance of these GTC, who thereby acknowledges having full knowledge of them. This acceptance may consist, for example, of the Customer ticking the box corresponding to the acceptance phrase of these GTC, which may state, for example, "I acknowledge having read and accepted all the general conditions of the Site." Ticking this box will be deemed to have the same value as a handwritten signature from the Customer.

The acceptance of these GTC requires that Customers have the necessary legal capacity. If the Customer is a minor or does not have this legal capacity, they declare that they have the authorization of a guardian, curator, or their legal representative.

The Customer acknowledges the probative value of the Seller's automatic registration systems and, unless they provide contrary proof, they waive the right to dispute them in the event of a dispute.

Any Order for Products implies unreserved acceptance by the Customer and their full and complete adherence to these General Terms and Conditions of Sale, which prevail over any other document: catalogs, advertisements, notices, unless expressly and prior derogating agreement from the Company.

Article 3 – Customer Service

The customer service of this Site is accessible by email at the following address: "ilohacreation@yahoo.fr", via a form, or by postal mail at the address indicated in the legal notices. The Customer must indicate their first name, last name, the subject of their request, and their Order number in the email.

For any professional requests (partnership, media, contract proposal), the Company can only be reached by email at ilohacreation@yahoo.fr

Article 4 – Terms of Order Subscription and Description of the Purchase Process

The Products and Services offered are those listed in the catalog published on the Site. Each product is accompanied by a description prepared by the Seller based on the descriptions provided by the supplier.

The photos on the Site are not contractual and may vary slightly from the models photographed. These variations are due to the settings of different screens and cameras, product lighting, shooting angle, etc.

"Basket" is defined below as the intangible object grouping together all the Products or Services selected by the Customer of the Site for purchase by clicking on these elements. To proceed with the order, the Customer chooses the Product(s) they wish to order by adding them to their "Basket", the content of which can be modified at any time.

1. The Customer places the Order via the Site: the Customer registers and validates the Order on the Site.
2. To place an Order on the Site, the Customer freely selects one or more Products from the Site's catalog by clicking on the "add to Cart" button. On the "Cart" page, the Customer can check the details of their Order and correct any errors before confirming it.
3. On the "Information" page, the Customer must enter their contact information. They can opt to track their Order by email by checking the required box.
4. On the "Delivery" page, the Customer must choose their proposed shipping method.
5. On the "Confirmation" page, the Customer must enter their bank details and billing address. The Customer also has the option to enter a promotional code if they have one.
6. A complete summary of the Order appears. The Customer can modify all elements of the Order before finalization. The Customer is responsible for any errors relating to the Order, Products, and contact information.
7. The sale is validly formed when the Customer has confirmed the Order by clicking on the "Finalize my order" button, has accepted the General Terms and Conditions of Sale, and has made payment according to the chosen methods, subject to the exercise of the right of withdrawal.

The validation date of the Order corresponds to the date of receipt of the duly recorded full payment of the total price including all taxes.

Article 5 – Price and Payment Methods

Unless otherwise stated, the prices shown in the catalog are prices in Euros including all taxes (TTC), taking into account the VAT applicable on the day of the order and excluding any possible participation in processing and shipping costs.

Iloha création reserves the right to pass on any change in the VAT rate to the price of Products or Services. The Seller also reserves the right to modify its prices at any time. Nevertheless, the price listed in the catalog on the day of the order will be the only one applicable to the Customer.

The Customer can place an order on this Site and can make payment by Credit Card, bank transfer, or QR CODE payment link. Credit card payments are made using secure transactions provided by an online payment platform provider.

This Site does not have access to any data relating to the Customer's payment methods. Payment is made directly to the bank or payment provider receiving the Customer's payment. In case of payment by bank transfer, the delivery times defined in the "Deliveries" article of these GTC only start from the effective date of receipt of payment by the Seller, who can prove this by any means. The availability of Products is indicated on the Site, in the descriptive sheet of each Product.

Iloha création will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy. Computerized registers will be considered by the parties as proof of communications, orders, payments, and transactions between the parties.

Article 6 – Deliveries

Delivery costs will be indicated to the Customer before any payment. The Site has no geographical delivery limitation; orders can be shipped anywhere in the world. The delivery times indicated during the order are for informational purposes and remain dependent on possible delays from postal services or other specific cases preventing delivery (demonstrations, bad weather, etc.).

In the event of delivery of a Product outside the territory of the European Union and in the French overseas departments and territories (DOM-TOM), the Customer declares themselves the importer of the Product and accepts that in such a case the Seller may be physically unable to provide them with accurate information on the total amount of costs relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.

Unless otherwise indicated on the Site during the ordering process or in the description of the ordered Products, the Seller undertakes in all cases to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract with a Consumer Customer.

In the case of hand delivery, the customer may refuse a package upon delivery if they notice an anomaly concerning the delivery (damage, missing Product compared to the delivery note, damaged package, broken Products, etc.); any anomaly must then be imperatively indicated by the Customer on the delivery note, in the form of handwritten reservations, accompanied by the Customer's signature. To exercise their right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have them take back the damaged goods. In the case of mailbox delivery, the customer undertakes to immediately check the package and contact Iloha création  support if they notice any anomaly. Failing to comply with these provisions, the Customer will not be able to exercise their right of refusal, and the Seller will not be obliged to accede to the Customer's request to exercise the right of refusal.

If the Customer's package is returned to the Seller by the Post Office or other postal providers, the Seller will contact the Customer upon receipt of the returned package to ask what action should be taken regarding their order. If the Customer mistakenly refused the package, they can request its reshipment by first paying the postal charges for the new shipment. Postal charges must be paid even for orders for which shipping costs were offered at the time of the order.

In the event of a delivery error or exchange (if the right of withdrawal is applicable, i.e., if the Customer is a Consumer and the contract concluded to acquire the Product or Service allows withdrawal), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from clumsiness or mishandling by the Customer cannot be attributed to the Seller.

Any delay in delivery in relation to the date or period indicated to the Consumer Customer when ordering or, in the absence of an indication of date or period when ordering, exceeding thirty (30) days from the conclusion of the contract, may result in the termination of the sale at the initiative of the Consumer Customer, upon written request from them by registered letter with acknowledgment of receipt, if, after having enjoined the Seller to make the delivery, the Seller has not complied. The Consumer Customer will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, for all sums paid. This clause is not intended to apply if the delivery delay is due to a case of force majeure.

Special case of a package whose tracking number indicates that it is "delivered" but not received in the mailbox: if the Customer observes and informs the Seller that the package is not in their mailbox despite its tracking number indicating that it is "delivered," customer service may request additional information as well as an official document from La Poste responding to their complaint regarding the corresponding tracking number. The Seller will then make every effort to guarantee Customer satisfaction by, for example, immediately resending the products at its own expense.

Article 7 – Right of Withdrawal and Withdrawal Form

The Consumer Customer has fourteen (14) working days from the date of receipt of the product from their order to withdraw. They will be required to return any product that does not suit them and request an exchange or refund without penalties, with the exception of return costs, within fourteen days from receipt by Iloha création  of the refund request.

The Product must be returned in perfect condition, in its original packaging and unused. The Consumer Customer can find below a standard withdrawal form for an order placed on the Site, to be sent to Iloha création . It is understood that the Customer will bear the costs of returning the Product in case of withdrawal.

It is recommended that the Customer make the return using a solution that allows tracking of the package. Otherwise, if the returned package does not reach the Seller, it will not be possible to initiate an investigation with the postal services to ask them to locate it.

The refund will be made using the same payment method as that chosen by the Customer for the initial transaction, unless the Customer expressly agrees for the Seller to use another payment method, and provided that the refund does not incur costs for the Customer.

The Seller also reserves the right to defer the refund until receipt of the Product or as long as the Customer has not demonstrated that they have shipped the Product, if such a demonstration has not previously occurred.

In case of depreciation of the Products resulting from handling other than those necessary to establish the nature, characteristics and proper functioning of the Product(s), the Customer's liability may be engaged.

In accordance with Article L121-17 of the Consumer Code ("Hamon Law") of June 2014, the Consumer Customer can find below a standard withdrawal form for an order placed on the site:

Withdrawal Form

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

To the attention of: 

Taillet Céline -  BP 2287 Nouméa 98846 Nouvelle Calédonie

I / We (*) hereby notify you (*) of my / our (*) withdrawal from the contract for the sale of the goods below:

Order number:

Name / Surname:

Phone number: 

Email address:

Postal address:

Reason for the claim:

• Exchange* (mention desired product)
• Refund* (attach a complete bank statement with IBAN and BIC mentioned)

Signature of the Customer(s) (only in case of notification of this form on paper):

Date:

(*) Delete as appropriate.

Article 8 – Product Warranty

Legal provisions to be reproduced

The legal guarantee of conformity applies independently of any commercial guarantee that may be granted.

The consumer may decide to invoke the guarantee against hidden defects of the sold item within the meaning of Article 1641 of the Civil Code, unless the seller has stipulated that they will not be bound by any guarantee; in the event of the implementation of this guarantee, the buyer has the choice between rescinding the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code. They have a period of two years from the discovery of the defect.

The postponement, suspension or interruption of the limitation period cannot have the effect of extending the extinctive limitation period beyond twenty years from the date of the birth of the right in accordance with Article 2232 of the Civil Code.

All items purchased on this site benefit from the following legal guarantees, provided by the Civil Code;

Legal guarantee of conformity

The Seller is obliged to deliver goods that conform to the contract concluded with the Consumer Customer and to be liable for any non-conformities existing during the delivery of the Product. The guarantee of conformity may be exercised if a defect exists on the day the Product is taken possession of.

However, it will be up to the Customer to prove that the defect did exist at the time of taking possession of the Product. 

"In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other modality, taking into account the value of the goods or the importance of the defect. The seller is then obliged to proceed, unless impossible, according to the modality not chosen by the buyer."

Legal guarantee against hidden defects

In the event of non-conformity of a delivered Product, it may be returned to the Seller who will proceed with its exchange. In case of impossibility of exchanging the Product (obsolete Product, out of stock, etc.), the Customer will be reimbursed by check or bank transfer for the amount of their order. The costs of the exchange or refund procedure (including return shipping costs for the Product) are then borne by the Seller.

Article 9 – Liability

The Seller Iloha creation cannot be held responsible for the non-performance of the concluded contract due to the occurrence of a force majeure event. Regarding the purchased Products, the Seller shall not incur any liability for any indirect damages resulting from these presents, loss of operation, loss of profit, damages or expenses, which may arise.

The choice and purchase of a Product or Service are the sole responsibility of the Customer. The total or partial impossibility of using the Products, particularly due to material incompatibility, cannot give rise to any compensation, refund, or questioning of the Seller's liability, except in the case of a proven hidden defect, non-conformity, defectiveness, or exercise of the right of withdrawal if applicable, i.e., if the Customer is not a Consumer Customer and the contract for the acquisition of the Product or Service allows for withdrawal, according to article L 121-21 of the Consumer Code.

The Customer expressly acknowledges using the Site at their own risk and under their exclusive responsibility. In any event, Iloha creation can under no circumstances be held responsible for:

• any direct or indirect damage, especially concerning loss of profits, loss of earnings, loss of customers, data that may, among other things, result from the use of the Site, or conversely from the impossibility of its use;
• a malfunction, unavailability of access, misuse, misconfiguration of the Customer's computer, or the use of an unusual browser by the Customer;
• the content of advertisements and other links or external sources accessible by Customers from the Site.

The Seller's liability cannot therefore be engaged if the characteristics of the Products differ from the visuals present on the Site or if these are erroneous or incomplete.

Article 10 – Force majeure

In accordance with Article 1218 of the Civil Code, events beyond the control of the parties, which they could not reasonably be expected to foresee, and which they could not reasonably avoid or overcome, to the extent that their occurrence makes the performance of obligations totally impossible, are considered as cases of force majeure or fortuitous events.

The occurrence of a force majeure event will automatically suspend the execution of the Order.

Beyond a period of ninety (90) calendar days, if the parties note the persistence of the force majeure event, the Order may be canceled by either party, and the sales contract terminated. For this purpose, the most diligent party must send the other a registered letter with acknowledgment of receipt denouncing the said sales contract.

The effective date of the termination will be the date of the first presentation of the letter. In this hypothesis, neither party may claim the granting of damages, unless otherwise agreed by both parties.

Article 11 – Intellectual property rights

All elements of this Site belong to the Seller or a third-party agent, or are used by the Seller with the authorization of their owners.

All texts, comments, works, illustrations, and images, whether visual or auditory, reproduced on the Site are protected by copyright, trademark law, image rights, and patent law. No one is authorized to reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, elements of the Site. Any simple or hypertext link is strictly prohibited without the express written consent of the Company. In all cases, any link, even tacitly authorized, must be removed upon simple request from the Company.

Only the use of the Site for private use, subject to different or more restrictive provisions of the Intellectual Property Code, is authorized.

Any total or partial reproduction of the Company's catalog is strictly prohibited. Any other use constitutes counterfeiting and is sanctioned under Intellectual Property law unless prior authorization is obtained.

Any reproduction, representation, adaptation of logos, textual, pictographic, or video content, without this list being exhaustive, is strictly prohibited and constitutes counterfeiting.

Any Customer who commits counterfeiting may have their account deleted without prior notice or compensation and without this deletion constituting damage to them, without prejudice to any subsequent legal proceedings against them, at the initiative of the Seller or their agent.

The trademarks and logos contained on the Site may be registered by Iloha creation, or possibly by one of its partners. Any person making representations, reproductions, interweavings, distributions, and redistributions of them incurs the penalties provided for in Articles L.713-2 et seq. of the Intellectual Property Code.

Article 12 – Processing of personal data

1. The Company collects Customer data:
2. a) for the purpose of processing and tracking the Customer's Order on its Site; (and/or)
3. b) for the purpose of contacting you about various events relating to the Company, including updates to Products and customer relationship management; (and/or)
4. c) for the purpose of collecting information enabling us to improve the Site and our Products (particularly through cookies).

The collected data are processed by the Site's contractual service providers who are responsible for the packaging and distribution of ordered Products, as well as by the hosting provider Shopify Inc., whose servers are secure and protected by a firewall.

The collected data are retained by the Company only for the time corresponding to the purposes of collection as stated above, and which shall in no case exceed five (5) years.

In accordance with Law No. 2018-493 of June 20, 2018, relating to the protection of personal data, and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, known as the General Data Protection Regulation (GDPR), the Customer benefits from a right of access, modification, rectification, deletion, or opposition for legitimate reasons concerning their data.

The Customer can exercise their rights by e-mail to contact@ilohacreation.com

Article 13 – User comments and other proposals

If the Customer sends ideas, proposals, or other materials, whether online, by email, by mail, or otherwise (collectively, "comments"), at the request of the Company or not, the Customer grants the Company the right, at all times, and without restriction, to edit, copy, publish, distribute, translate, and otherwise use in any media any comments the Customer sends.

The Company is not and shall not be obliged (1) to maintain the confidentiality of comments; (2) to pay compensation to anyone for any comment provided; (3) to respond to comments.

The Company may monitor, modify, or remove content that it deems, in its sole discretion, to be illegal, offensive, threatening, abusive, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes any intellectual property or these General Terms and Conditions of Sale.

The Customer agrees to write comments that do not violate the rights of third parties, including copyright, trademarks, privacy, personality rights, or other personal or proprietary rights. The Customer agrees not to include in their comments any unlawful, defamatory, offensive, or obscene content, and that they will not contain any computer viruses or other malware that could affect the operation of the Site or other associated websites. The Customer agrees not to use a false email address, pretend to be someone else, or attempt to mislead the Company and/or third parties as to the origin of their comments.

The Customer is solely responsible for their published comments and their accuracy. The Company assumes no responsibility and disclaims all commitment with respect to comments published by the Customer or a third party.

Article 14 – Severability of clauses

If any provision of the GTC is deemed illegal, void, or for any other reason unenforceable, then that provision shall be deemed severable from the GTC and shall not affect the validity and enforceability of the remaining provisions.

These GTC replace all prior or contemporaneous written or oral agreements. The GTC are not assignable, transferable, or sublicensable by the Customer themselves.

A printed version of the GTC and of all notices given in electronic form may be requested in judicial or administrative proceedings relating to the GTC. The parties agree that all correspondence relating to these GTC must be drafted in the French language.

Article 15 – Applicable law and mediation

The General Terms and Conditions of Sale are subject to Estonian law.

The Site reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase with a forbidden, stolen, or falsified bank card or one subject to opposition. In this context, no amicable conciliation attempt will be accepted.

Should a clause in these General Terms and Conditions of Sale become null and void, it shall not affect the validity of the other stipulations and shall not exempt the Customer from fulfilling their contractual obligations.

Indemnity

You agree to defend, indemnify, and hold the Company, its affiliates, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of your use of the website or our products and services, your breach of the terms, or your breach of your acknowledgments, agreements, representations, warranties, and obligations herein.

National or cross-border disputes that may arise concerning the validity, interpretation, execution or non-execution, interruption or termination of this contract, may be submitted to mediation at the Customer's request.

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage, a Mediator approved by the Consumer Mediation Evaluation and Control Commission (CECMC), is appointed as Consumer Mediator, to facilitate the resolution of disputes between the Company and its Customers, for a period of three (3) years from [01/05/2019].

The European Commission website describes the mediation process used and allows Customers to submit a mediation request online accompanied by supporting documents.

The dispute cannot be examined by the Mediator if:

- the Customer does not demonstrate having first attempted to resolve their dispute directly with the Company through a written complaint,

- the request is manifestly unfounded or abusive,

- the dispute has been previously examined or is being examined by another mediator or by a court,

- the consumer submitted their request to the mediator more than one year after their written complaint to the Company,

- the dispute is outside its scope of competence.

Mediation is free for the Customer. If the Customer uses the services of a lawyer, a third party of their choice, or an expert to defend them at any stage of the mediation, they will bear the costs alone.

The Mediator cannot receive instructions from the parties or be remunerated based on the outcome.

Participation in mediation does not exclude the possibility of recourse to a court. The parties remain free to submit their dispute to a judge within the framework of the applicable legal provisions. In the event of a dispute before a judge, jurisdiction is attributed to the competent Estonian court.

The Site reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited, stolen, or falsified bank card, or a stolen or falsified check. In this context, no amicable conciliation attempt will be accepted.

Should a clause in these General Terms and Conditions of Sale become null and void, it shall not affect the validity of the other stipulations and shall not exempt the Customer from fulfilling their contractual obligations.

Parts warranty:

The warranty is limited to 30 days following the purchase date under normal use conditions and excluding breakdowns caused by an external factor. Under these conditions, the seller undertakes to replace the defective part.

All rights reserved – July 01, 2022

Article 16: SMS Policy

SMS Policy:

By consenting to SMS marketing from Atelier des ustensiles at checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring SMS notifications (for your order, including abandoned payment reminders), SMS marketing offers, and transactional SMS, including review requests from us, even if your mobile phone number is registered on a national or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving SMS marketing messages and notifications, reply with STOP to any mobile message sent by us or use the unsubscribe link we provided you in any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all fees and charges associated with text messaging imposed by your wireless service provider. Message and data rates may apply.

For any questions, please send HELP by SMS to the number from which you received the messages. You can also contact us at https://www.ilohacreation.com/pages/contact or by e-mail at contact@ilohacreation.com for more information.

We have the right to modify any phone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a phone number or short code we have changed, including STOP or HELP requests, may not be received, and we will not be obligated to honor requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or service.

Your right to privacy is important to us. You can consult our privacy policy: https://www.ilohacreation.com/pages/politique-de-confidentitialite to determine how we collect and use your personal information.