Terms of sale

CONDITIONS

These general terms and conditions for sale and for use (hereinafter, “Conditions”) have been made between:

On the one hand:

MAZARIN, a simplified joint-stock company, registered at the RCS Paris with the number 903 702 033, whose head office is at 34, rue du Faubourg Saint-Honoré – 75008 Paris, represented by its legal representative, at this address (hereinafter “Mazarin”).

Intra-community VAT number: FR52903702033

Telephone number: +33 1.76.21.87.70

Email address: contact@mazarin.fr

Mazarin’s activity is the conception and sale of jewellery items (its “Creations”), which it puts on sale, in particular:

via its website: www.mazarin-paris.com (hereinafter the “Website”) ;

at its showroom at 34, rue du Faubourg Saint-Honoré – 75008 Paris.

And on the other:

Any private person of full age acting entirely with a view to satisfying his or her personal needs:

who orders any Creation marketed by Mazarin via its Website (hereinafter a “Customer”);

who visits the Website (hereinafter a “User”).

Mazarin (on the one hand) and the Customer / User (on the other) are described and hereinafter called together the “Parties”.

VERSION UP TO [12.09.2022]

HIGHLY IMPORTANT

Mazarin reserves the right to modify at any time these Conditions by publishing an updated version of the Conditions on its Website. Any modification or update of the Conditions will enter into vigour as of the date of its being put online on the Website, this being indicated at the top of the Conditions.

In terms of the Customer and the User, the relevant Conditions are those in force on the date that:

(i) a Customer orders one or more Creations from Mazarin (for the General Conditions of Sale – or GCS, whose terms are defined in Section I below, as well as the policy of confidentiality and the treatment of personal data, whose terms are defined in Section III below);

(ii) a User visits the Website (for the General Conditions of Sale – or GCS, whose terms are defined in Section II below, as well as the policy of confidentiality and the treatment of personal data, whose terms are defined in Section III below).

These Conditions were initially drafted in French.

Mazarin may make available to a Customer a version of these Conditions translated into a language other than French, in which case, it is expressly stated that only the French version will be legally valid in the event of a dispute.

SECTION I. GENERAL CONDITIONS OF SALE

Article 1 Subject and range of application

These General Conditions of Sale (hereinafter “GCS”) intend to define the rights and obligations of the Parties, upon any order of any Creation made by a Customer from Mazarin, on its Website

The GCS specify in particular the conditions (i) of an order, (ii) of payment, and (iii) of the delivery of Creations on sale on the Website.

The GCS are an integral part of the Conditions.

Article 2. Declarations by the Customer

The GCS are reserved exclusively for private persons, acting as consumers as defined by jurisprudence, and acting only for their own purposes.

By ordering any Creation from Mazarin on its Website, the Customer recognizes and declares, under his or her own responsibility:

that he or she has reached the legal age of majority in his or her country of origin, which is 18 years old in France;

that he or she has the full legal capacity to enter into a contract;

that he or she has made an order purely for his or her own personal needs and purposes that do not enter into any commercial, industrial, artisanal, professional or agricultural purposes.

Any non-respect by the Customer of these conditions, which are essential to Mazarin’s agreement, will entail the cancellation of the order and of any sale that has been made in violation of these conditions – without prejudice to the damages that Mazarin may wish to obtain for the grievances that it has undergone, from the Customer’s fault.

Article 3. Creations on sale on the Website

In accordance with articles L. 111-1 and L. 111-3 of the Code de la Consommation, the essential characteristics and the prices of the Creations put on sale by Mazarin are specified on the Website. The Customer is asked to consult the description of each Creation on sale in order to discover its particular characteristics.

The Creations on sale are those that appear in the collections that are available and presented on the Website, and which are associated with the option “add to basket” – except when exceptionally unavailable, and within the limits of available stocks.

The Creations marketed by Mazarin are new Creations.

The photographs of the Creations published on the Website are purely for illustrative purposes and present no legal obligation. Any differences between the photographs of Creations and the actual Creations coming – in particular – from the quality of the images, colours, lighting or technical adaptation, may not be interpreted as a lack of conformity regarding the Creation, and cannot in any case render Mazarin liable or engage the cancellation of an order or of the sale of Creations.

Article 4. Conditions for an order

The Customer can order one or more Creations from Mazarin, via the Website, according to the following conditions.

Article 4.1. Making an order

To order a Creation marketed by Mazarin on its Website, the Customer must necessarily take the following steps:

enter the Website’s address by using his or her web browser;

select the Creations that he or she wishes to buy from Mazarin, via the option “add to basket”. After an extended inactivity during a connexion, it is possible that the choice of Creations made by the Customer, prior to this inactivity, becomes no longer available in the Customer’s “basket”. The Customer will then be asked to entre once more his or her selection of Creations, still by using the option “add to basket”;

follow all of the instructions on the Website to validate an order, via the option “validate the basket” and, in particular, the instructions required for opening a “Customer Account” (cf. Section II, Article 4). If the Customer already has a “Customer Account”, he or she will simply have to enter the previously recorded identifiers – if this has not already been done;

check the items in the order and, if necessary, identify and correct any possible mistakes;

finally, validate the order and, in particular, the conditions for the price and delivery which will appear on the Website. The Customer must necessarily indicate, during the final validation of his or her order, that he or she has been fully informed of the GCS and that he or she agrees to them in their entirety, by checking the appropriate box;

follow the instructions on the Website to pay the price – increased, when applicable, by any delivery costs that may be applied.

The Customer will then receive electronically, at his or her digital contact address, as entered when creating his or her “Customer Account”:

a message confirming the reception of his or her order;

a receipt validating the confirmation of his or her order.

Any confirmation of an order by Mazarin is an act of sale and leads to a contracted sale between Mazarin and the Customer. This sales contract will be concluded for the required period of the supply of the Creations as listed in the order, and up to the lapse of Mazarin’s guarantees and obligations.

Article 4.2. Availability of Creations upon an order

Mazarin undertakes to honour the order made by the Customer on the Website only within the limits of the available stocks of its Creations:

if the Creations are no longer available for sale, the Customer is requested to contact Mazarin, either by telephone or via email;

if the Creations are out of stock, but could come in for a new run of production, Mazarin specifies this point on the Website, and indicates for each Creation in question the estimated production time. In this case, the Creations in question can be directly ordered by the Customer, who then commits to pay the price – increased, when applicable, by any delivery costs that may be applied –, as soon as the order has been confirmed. The delivery time will be increased by the required production period, which the Customer implicitly accepts.

Article 4.3. Refusal of an order by Mazarin

In accordance with article L. 121-11 of the Code de la Consommation, Mazarin reserves the right to refuse an order if its abnormal, made in ill faith or for any other legitimate reason and, in particular, when there is ongoing litigation with the Customer (for example, concerning the payment for a previous order), or else, in the case of fraud or an attempted fraud concerning the use of the Website.

Article 5. Prices of the Creations

The prices of the Creations are displayed on the Website, clearly, for each reference. They are marked in euros (€) – and are indicated as being tax inclusive (in particular for value added tax, when applicable), unless otherwise stated.

The prices of the Creations correspond to the prices applied by Mazarin, for which the Customer is directly liable once his or her order for one or more Creations has been fully validated.

The prices of the Creations displayed on the Website, however, do not include any additional costs as listed in Article 6 below, and in particular:

the delivery costs that may be applied, which are added to the total sum owed by the Customer;

customs duties, import rights and any other local taxes that may be applied, over which Mazarin has no control.

All the orders for Creations made by the Customer are payable in euros (€) exclusively.

Mazarin reserves the right to modify its prices at any time, however the Creations will be invoiced on the basis of the prices applied at the moment of the final validation of an order.

Article 6. Additional costs

Article 6.1. Telecommunication costs

The telecommunication costs incurred from accessing the Website for making an order by the Customer remain exclusively at the Customer’s charge. These costs can in no case be taken in charge by Mazarin, nor any refunds be made, whatever their nature.

Article 6.2. Delivery costs

Delivery costs are offered to the Customer by Mazarin :

for any order of one or more Creations, whatever the price, when this order is intended to be delivered within the territory of metropolitan France (excluding the French overseas departments and territories) or another member state of the European Union;

for any order of one or more Creations, representing a total order price of more than 1,000 (one thousand) euros (€), when this order is intended to be delivered outside the territory of metropolitan France (which includes the French overseas departments and territories) or another Member State of the European Union.

For any order that does not correspond to the conditions mentioned above, the delivery costs are fully at the charge of the Customer, and are applied to him or her. The amount of these delivery costs is then indicated to the Customer, on the Website, before final validation of the order.

If the Customer should refuse to pay the delivery costs that may be incurred, Mazarin reserves the right to cancel the order.

Article 6.3. Customs duties, import rights and other local taxes

In the case of an order for one or more Creations destined to be delivered to the overseas territories of France (DROM-COM) or a non-member State of the European Union, customs duties, import rights and other local taxes may be imposed.

These customs duties, import rights and other local taxes remain at the exclusive charge of the Customer. They cannot in any way be taken in charge, or refunded, by Mazarin, which has no control over these costs.

The Customer is the sole person responsible for any declarations and payments which need to be made to the relevant authorities or bodies on the territory where the Creations are to be delivered. The Customer is accordingly requested to inform himself or herself, by his or her own means, about these points, from the relevant authorities or bodies on the territory where the Creations are to be delivered.

If the Customer should refuse to pay any customs duties, import rights and other local taxes that may be incurred, Mazarin reserves the right to cancel the order.

Article 7. Conditions of payment

The payment of the price for an order for Creations – increased, when applicable, by the delivery costs that may be applied – will be made by the Customer by means of one of the following payment services, with the exclusion of any other means or payment service:

a payment card (CB, Visa, Master Card, American Express)
Paypal®, if access to the use of this payment service is made available on the Website.

The transaction is immediately debited by the payment service chosen by the Customer, after verification of the data provided by the Customer.

In accordance with article L. 133-8 of the Code Monétaire et Financier, the order of payment given by means of a payment service is irrevocable. By communicating the relevant information to the payment service chosen by him or her, the Customer recognises implicitly that he or she authorises Mazarin to debit, via the selected payment service provider, the sum corresponding to the price of the Creations as ordered (increased, when applicable, by any delivery costs that may be incurred).

In the case of a payment made using a payment card, the Customer confirms that he or she is the holder of the payment card to be debited and that the name that appears on the payment card is his or her own. The Customer communicates his or her payment card’s number and expiry date and, when applicable, the number of the visual cryptogram.

If the debit for an order for Creations (increased, when applicable, by any delivery costs that may be incurred) should be impossible, the order and the sale are immediately cancelled, without Mazarin incurring any possible liability, which the Customer explicitly recognises.

Article 8. Conditions for delivery

Article 8.1. Means of delivery

The Customer chooses one of the means of delivery offered on the Website upon making his or her order.

The Creations will be:

either delivered to the Customer by a specialised transporter, via a secure delivery. The Creations must then be imperatively hand-delivered and the Customer must specify the day and the time when the delivery should be made;

or delivered to the Customer by Mazarin at its showroom at 34, rue du Faubourg Saint-Honoré – 75008 Paris, this hand-delivery standing as a discharge.

Article 8.2. Address of the delivery

The Customer must enter a valid delivery address, under his or her sole responsibility, on validating the order.

In the case of an error of omission in the information concerning the delivery address as entered, the Customer will sole be responsible for any delay or failure in the delivery, with no fault being impugned to Mazarin, which the Customer explicitly recognises.

Article 8.3. Delivery times

The delivery times are specified on the Website, during the validation of the order, and may vary according to the availability of the Creations that have been ordered by the Customer.

The delivery times are expressed as a number of working days and correspond to the average times of preparation and transit of the Creations that have been ordered by the Customer to the delivery address that he or she has entered. They come into force as of the confirmation date of the order by Mazarin.

Article 8.4. Production times (when applicable)

Mazarin may put on sale, on its Website, Creations that are out of stock, but could come in for a new run of production. In this case:

Mazarin specifies this point on the Website, and indicates for each Creation in question the estimated production time;

the Customer, on validating his or her order, then implicitly accepts that the delivery times of the Creations will be increased by the required production times.

In no case can the Customer be justified in requesting the cancellation of his or her order for Creations, before the expiry date of the production times.

The Customer is informed of the fact that the production times indicated by Mazarin are estimations and may vary according to any vagaries inherent to the production process of the Creations. In the case of a delay exceeding the estimated production time, Mazarin will make every effort to inform the Customer of this delay and provide him or her with a new estimated production time.

These production times are expressed in weeks. They come into force as of the confirmation date of the order by Mazarin.

The same rules apply when the Client chooses to use the adjustment or engraving services of the Creations that may be proposed by Mazarin, or any other service involving work or production time in the workshop, in addition to the delivery time.

Article 8.5. Delays in delivery

In the case of a delay in delivery, the order is not automatically cancelled. Mazarin will then make its best efforts to inform the Customer of this delay, via email, and offer him or her a solution.

However, in the case of a non-respect of the delivery date, which is not due to force majeure and excepting a delay in delivery linked to the production times required for the Creations as ordered, the Customer can obtain the cancellation of the sale, in accordance with the provisions of articles L. 114-1 and L. 216-2 of the Code de la Consommation, by addressing to Mazarin, at the address of its showroom at 34, rue du Faubourg Saint-Honoré – 75008 Paris, by registered post with a request for a reception slip, a letter containing a notice of cancellation, if, after requesting Mazarin, according to the same provisions, to carry out the delivery of the Creations as ordered, within a reasonable additional time, Mazarin has not respected this time period. In this case:

if the order has not yet been despatched upon reception by Mazarin of the notice of cancellation by the Customer, the delivery will be blocked. Mazarin will then carry out a refunding of any sums that have debited within a period of 14 (fourteen) days following the reception of the notice of cancellation, in accordance with article L.216-3 of the Code de la Consommation.

if the order has already been dispatched on reception by Mazarin of the notice of cancellation, the Customer can still cancel the Order by refusing the packet that is to be delivered. Mazarin will then carry out a refunding of any sums that have debited as well as the return costs paid by the Customer within a period of 14 (fourteen) days following the reception of the refused packet, which is complete and in its original state.

Mazarin can in no case be held liable for any consequences due to a delay in delivery which is not its responsibility.

Article 8.6. Reception of the delivery by the Customer

The delivery will be considered to have been made upon reception of the Creations ordered by the Customer, at the delivery address as indicated during the order, or else upon the withdrawal of the Creations at Mazarin’s showroom.

The Customer is required to check the state of the packaging and of the Creations upon delivery.

The Customer is requested, under his or her sole responsibility:

to communicate any reservations or claims that seem necessary to him or her, with the possibility to refuse delivery of the packet if it seems clearly damaged upon delivery. These reservations and claims must be addressed by the Customer to the transporter by registered post with a request for a reception slip within 3 (three) working days (not including public holidays) following the delivery date of the Creations ordered from Mazarin. The Customer must also send a copy of this letter containing any reservations or claims to Mazarin. If no reservations or claims are addressed within a period of 3 (three) days, as stated above, any action against the transporter will be null and void, in accordance with article L. 133-3 of the Code de Commerce;

to verify that Creations as delivered correspond exactly to those ordered from Mazarin, according to the delivery slip issued by Mazarin, contained in the package to be delivered. If the Creations as delivered are not compliant, the Customer must inform Mazarin at once and send back the non-compliant Creations.

Article 9. Transfer of ownership

The Creations remain the property of Mazarin until the full payment of the price of the Creations as ordered – increased, when applicable, by any delivery costs that may be applied.

As soon as the Customer has physically taken possession of the Creations as ordered, and in particular when the Customer has accepted the delivery of the Creations that he or she has ordered from Mazarin or has withdrawn the Creations from the showroom of Mazarin, the risk for the loss of or any damages to these Creations will then be transferred to him or her.

Article 10. Right of withdrawal

In accordance with article L. 221-18 of the Code de la Consommation, the Customer has a right of withdrawal which he or she can exercise within a legal limit of 14 (fourteen) days after the date of reception or of withdrawal of the Creations ordered by the Customer on the Website.

Notification of the exercise of this right of withdrawal must be addressed by the Customer to Mazarin by means of a withdrawal form contained in the Appendix to these Conditions, which must be transmitted to Mazarin:

either via email at: [contact@mazarin.fr]

or by registered post with a request for a reception slip, at the address of its showroom at 34, rue du Faubourg Saint-Honoré – 75008 Paris.

In accordance with article L. 221-23 of the Code de la Consommation, any Customer wishing to exercise a right of withdrawal must necessarily return to Mazarin the Creations that have been ordered and delivered within a period of at the latest 14 (fourteen) following the notification of his or her exercise of a right of withdrawal. The Creations must be returned in a perfect state for resale, that is to say: in their original packaging (case), complete, as new, flawless and with the invoice for the order. The costs of the return and the risks incurred by this return are at the exclusive charge of the Customer. It is in particular the Customer’s responsibility to obtain the proof of this return from the transporter of his or her choice.

If the Creations are not returned to Mazarin in a perfect state for resale, the Customer’s return will be refused and no refund will be made. The costs of sending back the Creations will also be fully at the Customer’s charge.

If the Creations are returned to Mazarin in a perfect state for resale, Mazarin will then carry out a refunding of the price of the returned Creations, within a period of 14 (fourteen) days counting from reception by Mazarin of the Creations that have thus been returned. The means of payment used for this refund will be the same as the one used by the Customer to pay the price of the order, except if the Customer agrees to the use of a different form of payment.

As an exception, and in accordance with Article L. 221-28, 3° of the Code de la Consommation, this right of withdrawal does not apply to Creations that have been ordered and for which the Customer has chosen to use a personalisation service proposed by Mazarin, and in particular an engraving service. Therefore, Creations that have been personalised, and in particular engraved, at the request of the Client cannot be returned or refunded - which the Client expressly acknowledges.

Article 11. Legal guarantees

Mazarin is submitted to the conditions of legal guarantees as defined in articles L. 217-3 and following of the Code de la Consommation and articles 1641 and 1648, 1^st para, of the Code Civil, whose terms have been reproduced below.

The provisions of the Code de la Consommation (legal guarantee of conformity) – in their version applicable to contracts concluded as of 1^st January 2022

Article L217-3 of the Code de la Consommation:

“The seller delivers a good in conformity with the contract as well as with the criteria mentioned in article L. 217-5.

The seller answers for any failings in conformity existing at the moment of the delivery of the good, in the sense of article L. 216-1, that appear within a period of two years counting from that moment.

In the case of a sales contract of a good featuring digital elements:

1° When the contract foresees the constant provision of digital content or of a digital service during a period inferior to or equal to two years, or when the contract does not determine the length of this supply, the seller answers to any failings in the conformity of this digital content or this digital service that appear within a period of two years counting from the delivery of the good;

2° When the contract foresees the constant provision of digital content or of a digital service during a period superior to two years, the seller answers to any failings in the conformity of this digital content or this digital service that appear during the period during which it is being supplied under the terms of the contract.

For such goods, the applicable time period does not deprive the consumer of his or her right to updates in accordance with the provisions of article L. 217-19.

The seller also answers, over the same period of time, for any failings in conformity resulting from the packaging, the instructions for assemblage, or from installation when the latter has been placed at the seller’s charge by the contract or has been carried out under the seller’s responsibility, or else when the incorrect installation, carried out by the consumer as foreseen in the contract, is due to lacks or to errors in the installation instructions provided by the seller.

This period of guarantee is applied without prejudice to articles 2224 and following of the Code Civil. The departure point of the prescription of this action by the consumer is the day on which the consumer observes the failing in conformity.”

Article L217-4 of the Code de la Consommation:

“The good conforms to the contract if in particular it answers, when relevant, to the following criteria:

1° It corresponds to the description, the type, the quantity and the quality, in particular when its concerns its functionality, the compatibility, the interoperability, or any other characteristic foreseen by the contract;

2° It is suitable for any special usage desired by the consumer, if the seller has so been informed, at the latest on conclusion of the contract and if the latter has accepted;

3° It is delivered with all the accessories and installation instructions, which are needed to be supplied in conformity with the contract;

4° It is updated in conformity with the contract.”

Article L217-5 of the Code de la Consommation:

“ I.- Over and above the conformity criteria in the contract, the good is conform if it answers to the following criteria:

1° It is appropriate to the normally expected use of a good of the same type, taking into account, when appropriate, any legal provisions of the European Union or national legislation as well as all kinds of technical norms or, in the absence of such technical norms, the specific codes of conduct applicable to the sector in question;

2° When appropriate, it has the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;

3° When appropriate, the digital elements that it contains are supplied in their most recent version which is available at the moment of the conclusion of the contract, except if the parties agree otherwise;

4° When appropriate, it is delivered with all its accessories, including the packaging, and the installation instructions that the consumer can reasonably expect;

5° When appropriate, it is supplied with the updates that the consumer can reasonably expect, in accordance with the provisions of article L. 217-19;

6° It corresponds to the quantity, the quality and other characteristics, including those of durability, functionality, compatibility and security, that the consumer can reasonably expect from goods of the same type, taking into account the nature of the good as well as any public declarations made by the seller, by any person upstream to the chain of transactions, or by a person acting on their behalf, including in advertising or on packaging;

II.- However, the seller is not held liable for all the public declarations mentioned in the previous paragraph, if the seller can show:

1° That he or she did not know about them and was not legitimately in a position to know about them;

2° That at the moment of the conclusion of the contract, the public declarations had been rectified towards conditions comparable to the initial declarations; or

3° That the public declarations cannot have had an influence on the decision to buy.

III.- The consumer cannot contest conformity by evoking a flaw concerning one or more of the good’s particular characteristics, if he or she had been specifically informed that they were different from the conformity criteria as announced in the present article, and if the consumer expressly and separately consented to this difference on the conclusion of the contract.”

Article L217-6 of the Code de la Consommation :

“When during the contract process, a treatment of personal data is effected by the professional, a failure on his or her part in terms of obligations coming from the legislation (EU) 2016/679 of 27 April 2016 and the law n° 78-17 of 6 January 1978 concerning computers, records and freedoms, and if this failure leads to the non-respect of one or more of the conformity criteria as expressed in this section, it is assimilated to being a failing in conformity, without prejudice for the other recourses mentioned by these texts.”

Article L217-7 of the Code de la Consommation :

“The failings in conformity that appear within a period of twenty-four months following delivery of a good, including a good having digital elements, are, without proof to the contrary, presumed to have existed at the moment of delivery, unless this presumption is incompatible with the nature of the good or of the failing in question.

For second-hand goods, this time period is fixed at twelve months.

When the sales contract of a good having digital elements foresees the constant supply of digital content or of a digital service, the conformity failings that appear are presumed to have existed at the moment of the delivery of the good:

1° During a period of two years counting from the delivery of the good, when the contract foresees this supply for a period inferior or equal to two years, or when the contract does not determine the supply period;

2° During the period during which the digital content or the digital service is supplied under a contract, when it describes this supply period as superior to two years.”

Provisions of the Code Civil (guarantee against hidden defects)

Article 1641 of the Code Civil:

“The seller is held to provide a guarantee against any hidden defects of a sales item which make it unsuitable to the use it is destined for, or that diminish so much this use that the buyer would not have acquired it, or would have paid a lower price for it, had he or she been aware of them.”

Article 1648, para 1of the Code Civil:

“An action resulting from prohibitive defects must be initiated by the acquirer within a period of two years counting from the discovery of the defect.”

Article 12. Intellectual property rights

The Customer has no intellectual or industrial property rights over the Creations ordered from Mazarin, nor over their accessories and packaging–these intellectual property rights remain the exclusive property of Mazarin. No provision in these present Conditions can be interpreted as conferring to the Customer a licence to any form of intellectual or industrial property right from Mazarin.

More specifically, the rights attached to the brand “MAZARIN”, as well as to all the brands, figurative or not, and more generally to all the other brands, illustrations, images and logotypes figuring on the Creations ordered by the Customer from Mazarin, their accessories and their packaging, be they registered or not, are and remain the exclusive property of Mazarin.

Any total or partial reproduction, modification or use of these brands, illustrations, images and logotypes, for whatever reason and in any form, without the previous, express agreement of Mazarin, is strictly forbidden. The same applies to any combination or conjunction with any other brand, symbol, logotype and more generally any distinctive sign destined to forming a composite logo.

The same applies to any royalties over the texts, designs, models or the patent which are the property of Mazarin.

The non-respect of these restrictions constitutes an infringement of the intellectual or industrial property rights of Mazarin.

Article 13. Confidentiality policy for the treatment of personal data

Mazarin is led to collect and treat some of the Customer’s personal data, and in particular those that are necessary for the treatment and delivery of orders, as well as for the issuing of invoices.

The Customer is informed that the purposes, destinations and conditions in which Mazarin collects and treats these personal data are presented in its policy for confidentiality and the treatment of personal data, as presented in Section III of these present Conditions.

Article 14. Limits of Mazarin’s responsibility

Article 14.1. Non-execution or delays not imputable to Mazarin

Mazarin cannot be held responsible for the partial or total non-execution of its obligations or for any delay in their execution, if this non-execution or this delay:

were due to unforeseeable, irresistible and exterior events, and to any event presenting the characteristics of a force majeure (which in particular includes natural catastrophes, fires, internal strikes at Mazarin, riots and popular movements, epidemics and administrative measures taken to act against their propagation) or from an ‘act of state’ (which in particular includes any event resulting from a decision taken by the competent administrative authorities and which are imposed on Mazarin);

are imputable to the Customer;

are the consequence of an unforeseen and insurmountable event caused by a third party, and of any other event which was not reasonably under the exclusive control of Mazarin.

Article 14.2. Perturbations of the Website

Mazarin cannot be held responsible for any shortcomings and/or damages, be they direct or indirect, predictable or not, caused during the use of the Website, or difficulties linked to the hosting and/or the Internet network, such as in particular a loss of data, an external intrusion, the presence of a computer virus and more generally any technical perturbation susceptible of acting on the Website.

Mazarin also declines any responsibility in the case of an interruption or inaccessibility of the Website, the arrival of bugs or of any damage resulting from fraudulent acts by a third party, in particular through the intrusion of a third party into the Website.

Article 14.3. Reparable damages

Except in the case of intent or gross negligence and except in the case of the application of a provision of responsibility covering defective products, the responsibility of Mazarin towards the Customer is limited to the reparation of damages that are predictable, direct and material, which have effectively been suffered by the Customer because of a failing by Mazarin.

The Customer implicitly recognises that this reparation cannot exceed the total amount of the sums paid to Mazarin by the Customer, in terms of the Creations that he or she had ordered – this limit being applied to each distinct order made by the Customer from Mazarin.

Article 14.4 Links to other websites

The Website can contain links towards other websites, which are not under Mazarin’s control.

The Customer implicitly recognises that Mazarin is in no way responsible for contents distributed by these third-party websites. The Customer is, in general terms, invited to undertake the necessary research to check for himself or herself the legality of the contents distributed by these third-party websites, and to proceed to any appropriate form of investigation before undertaking any form of transaction during a visit to these third-party websites.

Article 15. Independency of the clauses of the GCS

If any one of the provisions in the present GCS were annulled, in all or in part, this annulation will not lead to the annulation of the other measures of the GCS which remain fully in force between the Parties, and will not be modified.

Article 16. Non-renunciation

If Mazarin chooses not to demand, at a given time, the execution of any one of the stipulations of the present GCS, this cannot be interpreted as a renunciation on being able to evoke subsequently this absence of execution.

Article 17. Applicable legislation

The present GCS are governed by French law, under the reserve of the application of rules covering the public order by the country where the Customer has chosen to live. The Vienna Convention covering international sales is not applicable.

Article 18. Litigation

Article 18.1. Possible recourse for the Customer to mediation

In terms of article L. 612-1 of the Code de la Consommation:

“Any consumer has the right to free recourse to a consumption mediator with a view to an amicable resolution of any litigation which opposes him or her and a professional. For this reason, the professional guarantees the consumer an effective recourse to consumption mediation.

The professional can also adopt his or her own measures of consumer mediation or suggest to the consumer a recourse to any other consumption mediator answering to the requirements of this present article.

When there exists a consumption mediator whose competence extends across the entirety of the enterprises of the relevant field of economic activity, the professional may always suggest to the consumer to approach this mediator.

The measures according to how a process of mediation is enacted are specified by a decree from the Conseil d'Etat.”

Article 18.2. Competent legislation during litigation

In the case of litigation, the Parties will try as far as possible to solve their litigation amicably. The Customer is in particular invited to contact Mazarin, concerning any dispute, so as to try to find a satisfactory solution for both Parties.

In the absence of an amicable solution, in accordance with the provision of the Brussels 1b Regulation (EU) n°1215/2012 of 12 December 2012, in the case of litigation with a Customer residing in a member state of the European Union, the Customer has the possibility to take action:

either under the jurisdiction of his or her own place of residence;

or under the competent jurisdiction of the member state in which Mazarin has established its headquarters.

Any litigation with a Customer residing outside the European Union will come under the sole competence of the competent jurisdiction of the member state in which Mazarin has established its headquarters.

SECTION II. GENERAL CONDITIONS OF USE

Article 1. Subject and range of application

The objective of the present General Conditions of use (“GCU”) is to govern the access and use of the Website.

The GCU apply to any User accessing the Website and consulting the pages that are accessible there. Any use of the Website implies the acceptance by the User, without reserve, of these present GCU.

The GCS are an integral part of these Conditions.

Article 2. Use of the Website

The User agrees:

to check that the legislative and reglementary measures that apply to him or her allow him or her to access the Website and to use it;

to use the Website according to the provisions of these present GCU;

not to violate or attempt to violate the correct functioning of the Website;

not to violate the rights and interests of Mazarin;

to provide Mazarin with exact, precise and current information when such information is requested and that he or she should consent to communicate it. He or she also commits to keeping it up to date, whenever necessary.

The User guarantees Mazarin against any claim, action, challenge or contestation of which Mazarin will be the object because of the behaviour or actions of the User, in particular in the case of a violation of the present GCU, and commits to bearing all of the financial consequences that may result for Mazarin.

Article 3. Availability of the Website

The Website is freely accessible and Mazarin makes its best efforts to make the Website available continuously, so far as this is possible. This is an obligation of means.

Mazarin, however, reserves:

the right to make any modifications, of whatever sort and at any moment, to the content of the Website;

the right to interrupt at any moment, temporarily or permanently, all or part of the Website, with or without forewarning, in particular in the case of maintenance required for the correct functioning of the Website;

the right to suspend access to the Website to a User, with or without forewarning, in the case of non-respect by the User of any of the stipulations in the present GCU, and above all in the case of a violation of Mazarin’s rights.

Mazarin cannot be held responsible towards the User for consequences resulting from such a modification, interruption or suspension.

Article 4. Customer account

Mazarin allows the User to create a personal account (“Customer account”) on the Website, via the "create my account" option.

By using this “Customer account” the User can access a Customer space allowing him or her, in particular, to make purchases in a simplified way, to check the progress of his or her orders, to access his or her invoices, to record his or her delivery addresses, etc. – according to the services and function offered by Mazarin.

The User undertakes to insure the confidentiality of his or her username for logging onto a “Customer account” and the password. The password chosen by the User for the creation of a “Customer account” is known only to the User, and Mazarin is unable to know it. In the case of the loss of the password, the User should make a request for reinitialization to Mazarin.

The User can close his or her “Customer account” at any moment.

Mazarin reserves the right to suspend provisionally or to close permanently the “Customer account” of a User if he or she fails to respect any of the stipulations of the present GCU or attempts to violate Mazarin’s rights.

Article 5. Confidentiality policy

Mazarin is led to collect and treat some of the User’s personal data, in particular with a view to managing access to the Website and improve its services.

Article 6. Limits of Mazarin’s responsibility

Article 6.1. Links to other websites

The Website can contain links towards other websites, which are not under Mazarin’s control.

Article 6.2. Use under the User’s responsibility

The User is the sole responsible for the use he or she makes of the Website.

Mazarin is in no way responsible towards the User for any possible damages that may result from any mistake, imprudence or negligence that the User has committed himself or herself during the use of the Website, in particular in the case of a violation of the GCU.

Mazarin will not be held responsible either for any momentary unavailability or dysfunctions of all or of part of the Website.

Mazarin, finally, will in no way be held responsible for the fraudulent use by a third party of the User’s email address, username, password or any other data, in particular if this fraudulent use results from a mistake, imprudence or negligence that the User has committed himself or herself.

Article 6.3. Contradiction between GCU and GCS

In the case of a contradiction between the present article and the stipulations of the GCS according to the responsibility of Mazarin – applicable to all orders and all purchases made by a User via the Website – the stipulations of the GCV will prevail.

SECTION III. POLICY FOR THE CONFIDENTIALITY AND TREATMENT OF PERSONAL DATA

Article 1. Subject and range of application

The objective of the present section is to define the policy for the confidentiality and treatment, by Mazarin, of the User’s personal data which Mazarin may be led to collect.

It is an integral part of the Conditions.

Article 2. Perimeter of the treatment of personal data

The personal data that Mazarin is led to treat, according to the authorisations granted by the User, are as follows:

the data relative to the creation of a personal account (“Customer Account”) and to orders for products made on the Website: title and gender, surname, forenames, date of birth, language, preferred currency, postal address, email address, telephone number, username and password, bank details;

the data linked to the orders validated by the User / Customer: records of orders, records of ordered Creations, invoices, average basket;

the data relative to the use of the Website: IP address, connexion details, details of product searches and orders, geopositioning details and other cookies allowing for a behavioural analysis of the User, technical logs;

the public data collected on social media, if the User follows the official pages of Mazarin on social media (in particular, and non-exclusively: Instagram, Facebook, LinkedIn, Twitter, etc.).

Article 3. Objective of the treatment of personal data

These personal data are collected and treated with a view to managing access to the Website, to treating orders for Creations and payments, to managing invoicing and accounting, to improving the services offered by Mazarin, to constituting statistics of the use of the Website and the orders made for Creations, to contacting Customers and managing their claims, or else to managing risks linked to the use of the Website in particular via the detection of unusual transactions.

Article 4. Functioning of the treatment of personal data

These personal data are treated so as to respect the regulations in force, in particular the modified law n° 78-17 of 6 January 1978 concerning computers, records and freedoms and the Regulation (EU) n° 2016/679 of 27 April 2016 concerning the protection of private persons with respect to the treatment of personal data and the free circulation of these data (“GDPR”).

These personal data can neither be sold nor leased, nor exchanged with third parties. They are not meant to be transferred to a third member country of the European Union or an international organisation. Mazarin, along with its possible subcontractors and in particular its delivery service providers, is the sole consignee of the data that are collected and treated.

Mazarin guarantees the confidentiality and security of these personal data in terms of the current techniques for the protection of data and the regulations in force.

Article 5. Duration of the treatment of personal data

Mazarin will conserve:

the data concerning the creation of a personal account (“Customer account”) and the ordering of products so long as the User has a personal account (“Customer account”), then:

for a period of 1 (one) year counting from its closure, if this customer account has not been used to validate orders;

the necessary time for business requirements which is 5 (five) years, if this customer account has been used to validate at least one order.

the data concerning the use of the Website for a period of 1 (one) year counting from the last connexion of the User to the Website;

the public data collected on social media, if the User follows the official pages of Mazarin on social media (in particular, and non-exclusively: Instagram, Facebook, LinkedIn, Twitter, etc.) then for a period of 1(one) year counting from the cancellation of the User’s subscription to these various pages.

Article 6. Rights of the User

The User, in accordance with articles 48 and following of the modified law n° 78-17 of 6 January 1978 and articles 15 to 21 of the Regulation (EU) n° 2016/679 of 27 April 2016 (“GDPR”) has the following rights:

right of access;

right of rectification;

right of deletion;

right to the limitation of treatment;

right to data portability;

right of opposition to treatment.

In this context, the User in particular has the right to obtain:

confirmation that the personal data concerning him or her are, or are not, being treated;

a communication of information about the purposes of the treatment, the categories of the data in question, the recipients or categories of recipient to whom the data are being communicated, and the duration of the conservation of the data, when this is possible;

a communication of the treated data that concern him or her, in a structured format, which is commonly used and machine readable, and the transmission of these data to another treatment provider without Mazarin opposing this, when this treatment is based on the agreement of the User and when it is carried out using automatised processes;

a rectification of incorrect data and the modification of incomplete data so as to complete them;

the deletion of data concerning him or her (i) is they are no longer necessary for the purposes for which they were collected or treated, (ii) if the User withdraws his or her agreement on which the treatment is based and if there exists no other legal basis for their treatment, (iii) if these data have been used for an illicit treatment, or (iv) if these data must be deleted so as to respect a legal obligation to which Mazarin is submitted;

the limitation of the treatment of the data concerning him or her (i) if the exactitude of the data has been contested, during a period allowing Mazarin to check their exactitude, (ii) if the treatment is illicit but the User opposes their deletion and instead demands a limitation in their use, or (iii) if Mazarin no longer needs to treat these data for treatment but they are still necessary to the User for the ascertainment, exercise or defence of his or her legal rights.

The User can exercise these different rights by writing to Mazarin at the following email address: [contact@mazarin.fr]..

Mazarin then commits to answering the User as rapidly as possible and, in any case, at the latest with a period of 1 (one) month counting from his or her request.

The User also benefits from the right to withdraw at any moment from the agreement that has been given to Mazarin for the treatment of his or her personal data. The exercise of this right entails the suppression of his or her personal account (“Customer Account”), without bringing into doubt the legality of the treatment based on the agreement prior to its being withdrawn.

The User equally has the right to instruct a claim with the Commission Nationale de l’Informatique et des Libertés (CNIL).

Article 7. Cookies and other trackers

A cookie is information stored in the User’s computer system and in general contains several pieces of data: the name of the server that delivered it, an identifier in the form of a unique number, and perhaps an expiry date.

When the User accesses the Website and consults its pages, some cookies are deposited and can be read by Mazarin, which allows Mazarin to:

memorize the data and information communicated by the User;

memorize the details of the User’s connections to his or her personal account (“Customer Account”), the searches carried out, the orders made and the various uses, made by the User, of the services offered by Mazarin on its Website;

establish statistics of the volume of visits and the use of the Website, the main purpose being to allow Mazarin to improve the quality and relevance of the services, uses and functions that Mazarin offers on its Website;

adapt the informational and promotional content of the Website, according to the User’s interests and preferences.

By carrying out a navigation of the Website, the User accepts the use of those cookies that are necessary for the above-mentioned purposes.

The User, however, through his or her web browser (Internet Explorer, Firefox, Safari, Opera, Google Chrome...), has the right to oppose the placing and the reading of cookies and any analysis of his or her navigation.

SECTION IV. LEGAL NOTICES

Hosting

The site www.mazarin-paris.com is hosted by.

Google LLC

1600 Amphitheatre Parkway

Mountain View, CA 94043

USA

Tel: +1 650 253 0000

Fax: +1 650 253 0001

Photo and video credits

Adrien Toubiana
“Presswall, Adolfo Granado”
“Presswall, Robbert Jacobs”

APPENDIX 1

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