This Website Unique by SCHAIX (hereafter the “Website”) is edited by Erik Schaix, a Limited Liability Company exercising under the trade name Unique by SCHAIX, with a share capital of 108,000 euros, with its registered office located at 6, Rue Saint Florentin in Paris (75001) – France, registered with the Paris Registry of Trade and Companies, under the number B 340 103 811, and for which the intra-community VAT number is FR67340103811 (hereafter “Unique by SCHAIX”).
Unique by SCHAIX benefits from professional civil liability insurance for its activity, subscribed with the insurance company Generali, the contact details of which are as follows: Courtier “Financière de Gesvres” – 231, Rue Saint Honoré – 75001 Paris.
These general terms and conditions of sale (hereafter referred to as the “GTCs”) govern all the relations between Unique by SCHAIX and any person wishing to make a purchase of one or several Product(s) (such as defined hereafter) made available for sale by Unique by SCHAIX on the Website.
These GTCs apply at the exclusion of any other conditions and, in particular, the applicable general terms and conditions of sale for the sales made in stores and boutiques offering Unique by SCHAIX Products.
The applicable GTCs are those posted on the Website upon placing the Order (such as defined hereafter). The User (such as defined hereafter) is free to print these GTCs, but may not modify them.
The following terms, whether they are used in the singular or the plural in the GTCs, shall have the following meaning:
Client : shall mean any individual, contracting for his exclusively personal needs with Unique by SCHAIX and under these GTCs. In the event whereby the Client enables a third party to benefit from his Order, he guarantees Unique by SCHAIX, that said third party beneficiary shall respect the obligations resulting from these GTCs;
Essential characteristics : shall mean the characteristics of a Product made available for sale on the Website (in particular, the type of stones and/or metal comprising the Product) which assist the Client in his decision to contract;
Order(s) : shall mean the Product order(s) placed by the Client with Unique by SCHAIX on the Website;
Client Account : shall mean the Account created by the Client on the Website and accessible by the latter via a login and a password;
Personal Data : shall mean the Client’s personal identification data collected by Unique by SCHAIX during the placement of the Orders and/or during the creation of a Client Account;
Withdrawal form : shall mean the Form enabling the Client to withdraw his Order(s);
Basket : shall mean the summary of the Order(s) pending Client confirmation;
Product(s) : shall mean the Product(s) offered for sale on this Website;
Website : shall mean the website accessible at the URL address http://www.uniquebyschaix.com edited and exploited by Unique by SCHAIX.
3.1. The Products are intended for the Client’s strictly personal use, without any direct or indirect relation with the latter’s professional activity.
3.2. The essential Characteristics and the price of the Products offered by Unique by SCHAIX are available on the Website and described in their fact sheet. The Client confirms, prior to the Order confirmation, to have been informed of the essential Characteristics of the Products such as described on the Website.
3.3. Unique by SCHAIX endeavors to present the Products on the Website as accurately as possible with regard to the photographic representation of the Products. Nonetheless, in the event whereby there was a difference between the Product’s photograph and said Product, such difference shall not have any impact on the essential Characteristics of said Product. The Products offered on the Website are comprised of natural gems and therefore may differ from the photographs that replicate them on the Website. The configuration of the Computer on which the User visits the Website may also cause a color variance to the Product. In the event whereby the Client would like to obtain additional information with regard to the essential Characteristics of a Product, he may contact Unique by SCHAIX’ client service by email at the following address contact@uniquebyschaix.com and/or by telephone at +33 (0) 1 40 15 94 81.
3.4. In the event of an evident error in the price of a Product and/or in the description of the essential Characteristics of a Product, the Client shall undertake to contact Unique by SCHAIX in order to inform it of such error, by email at the following address contact@uniquebyschaix.com and/or by telephone at + 33 (1) 40 15 94 81. Unique by SCHAIX reserves the right to rectify the price of the Product and the Client shall be entitled to cancel his Order in the event of his refusal to accept the Product price after rectification and/or in the event of an error by Unique by SCHAIX in the description of the Product’s essential Characteristics.
3.5. As a professional in the jewelry industry, Unique by SCHAIX shall undertake to respect the provisions of the Decree no.2002-65 of January 14, 2002 relating to the trade of gemstones and pearls.
In application of Article 10 of the Decree no.2002-65 of January 14, 2002 relating to the trade of gemstones and pearls, an information sheet describing the treatments applied, other than the practices mentioned in Article 3 of said Decree, their effects and the precautions to be taken for cleaning the stone, whether made of organic materials or pearls, is made available to the Client prior to the sale of a Product which has been subject to treatment such as mentioned in Article 2 of the aforementioned Decree, reproduced below, by a mention on the Product fact sheet on the Website, and is then provided to the Client with the invoice.
For the products mentioned in Article 3 of the Decree, the Client is informed by the mention on the Product fact sheet on the Website that certain of the gemstones could have been subject to traditional lapidary practices, by the use of colorless fluids and heating, and that the pearls may have been whitened.
4.1. Registration and creation of a Client Account
Prior to placing an Order, the Client must register on the Website and create a Client Account, by indicating all of his personal information necessary for the registration and processing of his Order.
The Client’s email address shall be used as his login. On the other hand, the Client shall select his password, which he must frequently modify, in order to ensure the security of his Client Account.
The Client shall provide his delivery and invoicing addresses, which he may modify at any time, prior to placing the Order. Once the Client acknowledges receipt of a confirmation email for the registration of his email address, he shall be considered as having a Client Account on the Website.
The Client guarantees the continuous accuracy, sincerity and reliability of the information registered on his Client Account. Consequently, the Client shall be required to modify any changes in his regard at any time and as soon as possible, by connecting to his Client Account.
Consequently, Unique by SCHAIX may not be held liable for the Client’s lack of due care, which would result in the communication of erroneous contact details which shall have an impact, in particular, on the delivery of the Products (see the Article relating to the place of delivery).
In the event of erroneous information or appearing to be misleading, Unique by SCHAIX reserves the right (i) to suspend all contractual relations with the Client (ii) and/or suspend the Client’s access to his Client Account.
The creation of a Client Account is subject to the condition of the Client’s acceptance of the GTCs.
4.2. Limitations specific to each Order
Each Product reference is unique and may only be subject to a single Order.
4.3. Order Process
4.3.1. To place an Order, the Client selects the Product(s) that he wishes to purchase by clicking on its/their file. He indicates the number of Products that he intends to purchase, within the limit of the quantity mentioned in Article 4.2 of these GTCs, and clicks on the button “ADD TO BASKET”. Each new Production added to his basket is indicated to the Client in his Order summary.
The Client may, at any time :
– obtain a summary of the Products that he selected by clicking on the icon “SEE MY BASKET” accessible on the top left of the screen by placing the mouse on the following icon or the button “SEE BASKET” at the top of the screen during the visit to the Web page corresponding to the Product;
– modify or withdraw all or part of his summarized Order (in the event of modification, the new price shall appear once the Client has clicked on the button “UPDATE BASKET”).
When the Client is on the “BASKET” page, he may :
– continue his Product selection by visiting another part of the Website;
– or terminate his Product selection and order them by clicking on “CONTINUE WITH THE ORDER”.
When the Client is on the “ORDER” page, he must :
– login by connecting to his Client Account, by clicking on the link “Already Client? Click here to login” (in the event of forgetting or losing the login IDs, the Client shall click on “Forgotten password?”);
– if he does not have an account, it can be set up by clicking on “REGISTER”. The delivery and invoicing addresses entered for the first time on the Website are registered as addresses by default in the Client Account address book. They may be modified or withdrawn at any time. However, no modification or withdrawal may be taken into account for any Order finally validated or being processed.
If the Client already has a Client Account and is already logged in, he will be routed to the “INVOICING DETAILS” page on which he must verify, complete and validate the mentions indicated thereon. The delivery address by default, is the same as the invoicing address, yet it may be different (if a present is being offered, for example).
As from this stage, the Client may select the delivery method for the shipment of his Products. The delivery costs are specified and calculated on this page.
By clicking on the button “CONTINUE WITH ORDER”, the Client is then routed to an “ORDER SUMMARY” page, which displays the Order and which shows the type, quantity and price, inclusive of taxes, for the Products selected by the Client, and any costs that may be applicable, as well as the different payment methods available.
The Client still has the opportunity on this page to modify the Order delivery method.
To continue with the Order process, the Client must be informed of the GTCs and accept them by ticking the box “I HAVE READ AND ACCEPTED THE CONDITIONS OF SALE”.
Before the final validation of his Order, the Client may verify the details of his Order, the price, inclusive of taxes, including the applicable costs. The Client may, at any time prior to the final validation of the Order, modify his Order and/or the information concerning the invoicing and/or delivery address and/or cancel his Order.
When, during a visit to the Website, a Client has identified himself and selected one or several Products, his “BASKET” is stored on the memory for a period of thirty (30) minutes. If he does not login, his “BASKET” is also kept on the memory for a period of thirty (30) minutes, as long the Client’s browser does not refuse the use of “cookies”, as mentioned in the Article “IT and Liberties” of these GTCs.
4.3.2. In the event whereby a customized Order is placed, the Client shall contact the Client Service at Unique by SCHAIX by email at the following address contact@uniquebyschaix.com or by telephone at + 33 (1) 40 15 94 81 in order to specifically determine the customized Product that Unique by SCHAIX shall create upon its request as well as the price and terms of payment, the manufacturing and delivery conditions for the customized Product which shall be made, which shall be listed in a Purchase order.
4.3.3. The Order shall only be finalized upon the validation of its payment by the Client, by bank card.
4.4. Order Confirmation
Any Order made by the Client on the Website shall be subject to a Purchase order invoice, sent by email to the Client. The Client shall undertake to keep the elements included in the Order confirmation email.
5.1. The prices listed on the Website for each Product, the Orders and the invoices issued to the Client are indicated in euros, Inclusive of Taxes, taking into account the applicable VAT and any discounts applicable to the payment, on the date of the Order.
5.2. The prices indicated on the Website do not include the delivery costs, which are invoiced in addition and are specified to the Client prior to the final validation of the Order. The price of each Order, including the delivery costs, are payable on account upon the Order confirmation.
5.3. The Client is informed that the price of the Products may be rectified by Unique by SCHAIX at any time. The Products shall, in any event, be invoiced on the basis of the tariffs applicable on the Website upon the final validation of the Order.
5.4. The payment of the amount of the Order may be made, at the Client’s discretion, with the bank cards specified on the Website. In this regard, it is specified that only payments in euros are accepted for the payment of an Order. Consequently, the Client acknowledges that Unique by SCHAIX shall under no circumstances have to assume the costs incurred by payments which are not compliant to these provisions, and in particular, which were not made in euros.
The Client is informed that the payments via the Website are made through a secured payment system, “Verified by Visa” and “MasterCard SecureCode”.
As each Product is unique and the Product is only available in one version on the Website.
Upon the Order confirmation, Unique by SCHAIX shall ensure that the Product(s) offered for sale on the Website are available. If, despite the caution taken by Unique by SCHAIX, the Products were unavailable, Unique by SCHAIX shall inform the Client as soon as possible, by email at the following address contact@uniquebyschaix.com.
In the event whereby the Order was unable to be fulfilled due to the unavailability of Product(s), Unique by SCHAIX shall contact the Client to offer him an equivalent customized Product in the financial, manufacturing and delivery conditions which shall be set in a Purchase order.
In the event of the Client’s refusal, Unique by SCHAIX shall undertake to reimburse the price of the unavailable Product(s), including the delivery costs, within a period of fourteen (14) days, as from the Client’s notification of his decision of refusal. The reimbursement shall be made by credit to the Client’s bank account, via the bank card used for the payment of the Order (said bank card must be valid on the date of reimbursement).
The Delivery of the Products ordered by the Client is possible globally.
In the event of a global delivery, customs duties, import duties or state and/or local taxes may be due.
These duties shall not be assumed by Unique by SCHAIX.
The Client acknowledges and accepts that he shall remain fully and solely responsible for these aforementioned duties and amounts, both in terms of the declarations and the payments to the authorities and/or relevant bodies.
7.1. Delivery schedules
Unique by SCHAIX shall endeavor to deliver the Orders within the time periods stipulated upon processing the Order and at the latest within a period of thirty (30) days.
The Products purchased are forwarded by the customary postal services, in particular via the French postal Colissimo service within the limit of one shipment for a value of 1,000 euros. They are provided to the French postal services at the latest within a period of five (5) working days as from the day following that of the Client’s final validation of his Order.
The time periods indicated are standard average time periods and correspond to the periods for processing and delivering the Orders.
In the event of Products ready for delivery on different dates due to their availability, the delivery schedule is based on the longest time period. Unique by SCHAIX nevertheless reserves the possibility to make partial deliveries. The delivery shall be invoiced for only one shipment.
The Client is encouraged to make regular visits to his Order tracking on his Client Account and to contact Unique by SCHAIX for any issue or problem relating to the delivery of his Order, by email at the following address contact@uniquebyschaix.com.
7.2. Delayed Delivery
In the event of non-compliance by Unique by SCHAIX with its obligation to deliver the Product on the date or upon the outcome of the period stipulated above, the Client may report this delay to Unique by SCHAIX by email at the following address contact@uniquebyschaix.com and/or by telephone at + 33 (0) 1 40 15 94 81.
In this case, and insofar as the Product has not been sent and if, after having ordered Unique by SCHAIX to proceed with the delivery of the Product within a reasonable subsequent delivery period, Unique by SCHAIX has not complied, the Client may cancel his Order by sending his cancellation request by email at the following address contact@uniquebyschaix.com or by sending a registered letter with acknowledgment of receipt to the following address: + 33 (0)1 40 15 94 81.
The Order is considered as terminated upon receipt of the email or letter by Unique by SCHAIX informing the latter of such termination, unless Unique by SCHAIX has complied in the meantime.
In this situation, Unique by SCHAIX shall reimburse the Client for the price of the Product(s) covered by the Order and the amount for the delivery, as soon as possible and at the latest fourteen (14) days following the receipt of the Client’s notification as mentioned above.
7.3. Place of delivery
The Products ordered by the Client may be collected directly from Unique by SCHAIX’s premises, located at 6 Rue Florentin – 75001 Paris or shall be delivered to the address indicated by the latter on the Purchase Order or as the case may be, delivered to the Post Office at the location of the Client’s delivery address, if the recipient of the Products is absent. In this latter situation, it shall be the Client’s responsibility to take the necessary measures in order to recuperate the Products delivered to the Post Office within the stipulated periods.
Beyond this time period, if the postal services return the package to Unique by SCHAIX, the latter shall be entitled to invoice the Client for any return costs.
As the Products purchased were sent by the Postal services, in particular, by Colissimo, the Client must be able to prove his identity and provide his Order number if necessary.
The Client shall inform Unique by SCHAIX of his contact details for delivery and invoicing, if the latter are different.
Consequently, in the event of an error in the formulation of the Order recipient’s contact details (in particular name, first name, street number and name, post code, name of town, telephone number or email), Unique by SCHAIX may not be held liable if it is unable to deliver the Order.
7.4. Order Receipt
7.4.1. The Products purchased are delivered by Unique by SCHAIX, in particular, via the Postal Colissimo service, and the Client must be able to prove his identity and provide his Order number if necessary. In the event whereby the Client places an Order for several Products, Unique by SCHAIX may be obliged to deliver the Products in several shipments.
7.4.2. The Client shall be informed of the shipment of the Order by Colissimo in an email summarizing the Products sent and with the tracking number to track the Order on the Website http://www.colissimo.fr.
The Client may track his package here by typing in the relevant number.
The estimated delivery schedules are from 3 to 8 working days.
The package is delivered in return for the signature at the Client’s or the recipient’s address. If the package is unable to be put in the letter box, a delivery notification is provided. It indicates the contact details of the post office where the package may be collected. The Client then has a period of 15 successive days to collect it. Beyond this period, the package shall be returned to Unique by SCHAIX which shall contact the Client or the recipient for a reshipment, as the case may be, and without any response within a reasonable period, shall reimburse the Client.
In the event whereby 8 working days after sending the package, the Client or the recipient has not received his Order, he shall contact the Post office that is the closest to the place of delivery indicated on the package.
If this package is unable to be tracked, the Client or the recipient must contact Unique by SCHAIX which shall request for an enquiry to be set up with the Postal services. The final response by the Postal services to Unique by SCHAIX is generally provided within 14 working days.
– If the package is found, it shall be sent to the Client;
– In the event whereby the package has been reported lost, Unique by Schaix shall inform the Client and shall immediately meet the reimbursement formalities for the Order corresponding to the lost package (products and shipment costs).
7.4.3 If the Client or recipient of the Order acknowledges, prior to opening the package, that the latter is clearly damaged, he shall undertake to refuse it and request the return for the attention of Unique by SCHAIX which shall reimburse the Client as soon as possible, if it acknowledges the poor condition of the package which has been returned. The recipient must sign for the package upon delivery. Upon signing, the Client or recipient acknowledges to have received the package in a proper condition. He may, if required, notify any comments to the carrier concerning the condition of the package.
7.4.4 If the Client or recipient of the package acknowledges that the package is clearly damaged, he shall undertake to refuse it and request the return for the attention of Unique by SCHAIX which shall reimburse the Client as soon as possible, if it acknowledges the poor condition of the package which has been returned.
7.4.5 Without prejudice to the period which he has to exercise his right of withdrawal in the conditions of Article 8 of these GTCs, if the Client acknowledges, after opening the package, that the Products are spoiled or damaged and/or do not correspond to his Order, he must file a detailed complaint in writing to Unique by SCHAIX by email at contact@uniquebyschaix.com or by post at the following address: Erik SCHAIX SARL 6, Rue Saint Florentin – 75001 Paris – France, within a period of three (3) clear days. The Client must also return the Product(s) to Unique by SCHAIX at the following address: Erik SCHAIX SARL 6, Rue Saint Florentin – 75001 Paris – France.
7.4.6 After reviewing the complaint, and on a case-by-case basis, Unique by SCHAIX may decide, if it considers appropriate, to meet the reimbursement of the Product(s) (it should be noted that product exchanges are not accepted). The costs of return shall, in this case, be reimbursed to the Client. The reimbursements shall be made within a period of fourteen (14) days after the receipt of the Products by Unique by SCHAIX. The latter shall make the reimbursements at its discretion, either by credit to the Client’s bank account provided upon placing the order, or by Paypal.
8.1. In accordance with the provisions of Article L. 121-21 of the French Consumer Code, the Client has a period of fourteen (14) clear days, as from the receipt of the Product(s) delivered, to exercise his right of withdrawal without having to substantiate his decision, or pay any penalty. When the period of fourteen (14) clear days expires on a Saturday, Sunday or on a public holiday or a non-working day, it shall be extended to the first following working day.
In the event whereby the Client receives several Products in several deliveries, comprising a single Order, this withdrawal period shall begin as from the receipt by the Client of the last of the Products comprising the Order.
To exercise the right of withdrawal, the Client must notify his decision for withdrawal in a firm and final statement, expressing his intent to withdraw, with his identity, delivery and invoicing address (if they are different), the Order number and the date of the Order receipt to Unique by SCHAIX, by registered letter with acknowledgment of receipt at the following address: Erik SCHAIX SARL, 6 Rue Saint Florentin – 75001 Paris – France or by email at the address contact@uniquebyschaix.com.
8.2. The Client may also use the model withdrawal form available in Appendix 2 of these GTCs. Unique by SCHAIX shall acknowledge receipt of the Client’s withdrawal by email.
8.3. The Client shall return the Product(s) in question, intact, in its (their) original packaging (accessories, notice, etc.), in proper condition, neither opened or modified, and accompanied with the delivery note, without delay, and at the latest within the fourteen (14) days as from the communication of his decision to withdraw to Unique by SCHAIX, at the following address:
Erik Schaix SARL, 6, Rue Saint Florentin, 75001 Paris – France.
Nevertheless, and in application of the provisions of Article L. 121-21-8 paragraph 3°) of the French Consumer Code, the Client may not exercise his right of withdrawal if it concerns a customized Product Order(s) or a significantly personalized order, which, accordingly, shall be unable to be returned.
In accordance with the provisions of the EU Directive 2011/83/EU of the European Parliament and Counsel of October 25, 2011, only the Client residing in a Member State of the European Union may exercise his right of withdrawal.
8.4. If the aforementioned conditions are fulfilled, Unique by SCHAIX shall reimburse the Client for the amounts corresponding to the Products for which the Client shall have exercised his right of withdrawal within the stipulated period, including the delivery costs in a maximum period of fourteen (14) days as from the receipt by Unique by SCHAIX of the Product(s) affected by the right of withdrawal or the receipt by Unique by SCHAIX of the proof of shipment of the Product(s) by the Client to Unique by SCHAIX, in accordance with the provisions of Article L 121-21-4 of the French Consumer Code.
However, the reimbursement by Unique by SCHAIX may be deferred until the returned Products have been recuperated or until the Client has provided proof of shipment of the Products, in accordance with the provisions of Article L.121-21-4 of the French Consumer Code.
8.5. If a Product is returned to Unique by SCHAIX damaged or in a condition that renders it unfit for resale or is deteriorated or is in a condition such that the right of withdrawal shall no longer be possible, Unique by SCHAIX may refuse the Product return by the Client and, in these conditions, may refuse to meet the reimbursement.
8.6. Unique by SCHAIX shall not be required to reimburse the additional costs for the return of the Product(s) if the Client has expressly chosen a more costly delivery method than the initial delivery method proposed by Unique by SCHAIX herein.
8.7. The reimbursement shall be made via the means of payment used by the Client upon placing the returned Order.
9.1. Besides the aforementioned right of withdrawal and up to thirty (30) days after the date of delivery, the Client shall be entitled to request Unique by SCHAIX to reshape the Product.
9.2. Unique by SCHAIX offers a paying service for the repackaging or repair if a Product is broken and which occurs after the delivery of the Product. In such situation, the Client is requested to contact the Client Service at Unique by SCHAIX by email at contact@uniquebyschaix.com or by telephone at + 33 (0)1 42 61 19 10. Unique by SCHAIX shall provide the Client with an estimate within forty-eight (48) hours which the Client must accept prior to any repackaging or repair by Unique by SCHAIX.
Unique by SCHAIX shall undertake to respect the applicable legal provisions, provided in the French Consumer Code and the French Civil Code, expressly referred to in Appendix 1 of these GTCs.
The Products that are modified and/or damaged by the Client or which have been used by the Client for use that does not correspond to their intended use or the purposes for which they are intended according to the instructions and precautions for use provided by Unique by SCHAIX for each of the Products shall be excluded from any benefits of guarantees mentioned above under these GTCs.
Unique by SCHAIX shall guarantee the Client for the proper performance of the Order placed by the Client. Nevertheless, Unique by SCHAIX may not be held liable:
– if the Client fails to respect the terms of the GTCs;
– for any indirect damage, including, in particular the loss of profits, data or any other loss of intangible goods, and even if Unique by SCHAIX was informed of the likelihood of such damages occurring.
Unique by SCHAIX may not be held liable for any dysfunction of any kind that relates to the Client’s IT equipment, or his Internet connection access, upon his access to the Website.
Unique by SCHAIX shall not be held liable for any default, delay or non-performance of its obligations under these GTCs, if such default, delay or non-performance is related to a force majeure event, as defined by the case law of the French courts, and in particular, natural disasters, fires, dysfunctions or disruptions to the telecommunications or electricity networks.
The Client expressly acknowledges that the entry of any identification and password shall be considered as proof of his identity and indicates his consent for all the operations that shall be carried out on the Website following his login. The Client must ensure that his email address remains valid during the period of his registration on the Website as failing that, he shall risk being denied access, in particular, if he were to lose his password. The Client’s account is strictly personal and therefore is non-transferable to a third party, by any means whatsoever, even gratuitously.
The Client expressly accepts that the automatic registration systems at Unique by SCHAIX shall be considered as proof:
– of the use of his login and password, and the dates and times of such logins,
– of the content registered by the Client in his “My account” space,
– of the nature, substance, date and time of all the correspondence with the personnel at Unique by SCHAIX made via the Website or tools offered on the Website,
– and, more generally, all the information exchanged via the Website Site between Unique by SCHAIX and the Client.
Unique by SCHAIX may not be held liable for any prejudice suffered by the Client due to the use of his login and password by a third party. In the event of loss, misappropriation or fraudulent use of all or part of his login or password, the Client must immediately inform Unique by SCHAIX. He shall remain responsible for any use made of his login and password prior to having informed Unique by SCHAIX and the latter’s modification of his login and password in a reasonable period. In the event whereby a Client were to disclose or use his login for a use contrary to its intended purpose, Unique by SCHAIX reserves the right to terminate the agreement and withdraw the Client’s access from his “My Account” space as well as the registered files, without any notice or indemnity. Unique by SCHAIX may also initiate legal proceedings with a view to obtaining compensation for any prejudice which may occur as a result of such disclosure or use.
These stipulations are expressly considered as substantive conditions between the Client and Unique by SCHAIX.
15.1. Protection of Personal Data
Unique by SCHAIX places great emphasis on Personal Data protection and ensures that the Client visiting the Website has privacy protection. This Article provides the Client with information on his Personal Data processing, i.e., data enabling him to login, directly or indirectly, as well as his rights with regard to such processing.
The Client is informed that his registration as well as the use of the Website shall involve the collection and automated Data Processing by Unique by SCHAIX, the use of which is subject to the provisions of the law no.78-17 of January 6, 1978 relating to IT, Files and Liberties such as modified by the law no. 2004-801 of August 6, 2004.
The Personal Data collected and processed is as follows:
(I) the information provided at the time of registration,
(II) the information relating to the Client’s interactions on the Website,
(III) the content stored in the “My Account” space,
(IV) the technical data such as, for example, the URL used by the Client or its IP address.
The obligatory responses, without which the Client shall be unable to access the Website, are mentioned as such on the Website registration form.
The Personal Data collected shall be subject to IT processing, the purpose of which is to ensure an optimal use of the Website for the Client, enable contact with Unique by SCHAIX or the placement of an Order.
The Personal Data is collected by Unique by SCHAIX to enable the management and follow-up of the Orders.
In application of Articles 38, 39 and 40 of the Law no.78-17 relating to IT, files and liberties, of January 6, 1978, the Client is entitled to:
– object to the processing of his Personal Data by Unique by SCHAIX (Article 38 of the IT and Liberties Law);
– object to the communication of his Personal Data to third parties;
– access all his Personal Data processed by Unique by SCHAIX (Article 39 of the IT and Liberties Law);
– rectify, update and withdraw his Personal Data (Article 40 of the IT and Liberties Law).
The Client may send his written request to the following address: Erik Schaix SARL, 6, Rue Saint Florentin, 75001 Paris – France or by email at cnil@uniquebyschaix.com. This request must be signed by the Client and his contact details must be mentioned and substantiated.
Unique by SCHAIX endeavors to secure the Personal Data that its Clients have provided by implementing all the means at its disposal to protect the Personal Data security and, in particular it shall ensure that it is not misrepresented, damaged or accessible for unauthorized third parties.
As it is constantly striving to meet the Client’s needs, it is possible that Unique by SCHAIX shares certain information with its providers, defined as “sub-contractors” within the meaning of the aforementioned law (for example, for the provision of IT services, client services, etc.). In all the other cases, the Personal Data may not be disclosed to third parties without the Client’s prior consent.
Unique by SCHAIX specifies that it shall not sell or commercialize the Client’s Personal Data to third parties.
For any information, queries, complaint of a technical nature or relating to the Products, questions or advice, the Client may contact the “Client Service” at Unique by SCHAIX at the following address:
– Email: contact@uniquebyschaix.com;
– Telephone: + 33 (0) 1 40 15 94 81;
– Postal address: Erik Schaix SARL, 6, Rue Saint Florentin, 75001 Paris – France.
17.1. These GTCs are performed and interpreted in accordance with French law.
17.2. In the event of a dispute that may occur in relation to these GTCs, their interpretation and their follow-ups or with their addendums or amendments, the Client shall meet with Unique by SCHAIX to try and reach an amicable solution. Any complaint addressed to Unique by SCHAIX must be made in writing.
17.3. Upon failure to reach an amicable settlement, the Client may decide:
17.3.1. to have recourse to an amicable mediation solution within a maximum period of one (1) year as from the Client’s written complaint to Unique by SCHAIX by using the online dispute resolution system accessible by clicking on: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage, it being specified that the mediation process proposed shall not be a prerequisite for the Client to bring the matter before the competent French courts;
17.3.2. to file his claim before the competent French courts.
Version of the GTCs: October 2016
Article 3 of the Decree no.2002-65 of January 14, 2002 relating to the trade of gemstones and pearls sets forth that:
The affixation of the mention “treated” or the indication of treatment is not obligatory for the gemstones, organic matters, natural or cultured pearls that have been subject to the following lapidary traditional practices:
– an impregnation by a colorless fluid substance;
– a thermal process, subject to any heating sediment at the surface not giving rise to a severance of the reflection when seen under a magnifying glass with a x 10 magnification;
– whitening without the addition of dyes or varnishes”.
Article 2 of the Decree no.2002-65 of January 14, 2002 relating to the trade of gemstones and pearls sets forth that:
“The name of the gemstones, organic matters, cultured and natural pearls which have been subject, depending on the situation to radiation treatment, laser, dye, surface dispersion, filling, a thermal process for sediment, extraneous colorless solidified materials in the outer cavities, which show visible severance when seen under a magnifying glass with a x10 magnification or by any other laboratory method modifying their appearance, color or purity shall be completed by the mention “treated” or by the indication of treatment, subject to the exceptions provided in Article 3 hereafter”.
Article 3 of the Decree no.2002-65 of January 14, 2002 relating to the trade of gemstones and pearls sets forth that:
The affixation of the mention “treated” or the indication of treatment is not obligatory for the gemstones, organic matters, natural or cultured pearls that have been subject to the following lapidary traditional practices:
– an impregnation by a colorless fluid substance;
– a thermal process, subject to any heating sediment at the surface not giving rise to a severance of the reflection when seen under a magnifying glass with a x 10 magnification;
– whitening without the addition of dyes or varnishes.”
• Conformity guarantee
– Article L. 211-4 of the French Consumer Code: “The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility”.
– Article L. 211-5 of the French Consumer Code: “To conform to the contract, the product must:
1°) Be suitable for the purpose usually associated with such a product and, if applicable:
– correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
– have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;
2°) Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer, which was made known to the seller and which the latter agreed to”.
– Article L. 211-12 of the French Consumer Code: “The action resulting from lack of conformity lapses two years after delivery of the product”.
• The legal guarantees relating to the redhibitory defects in the conditions of Articles 1641 to 1649 of the French Civil Code:
– Article 1641 of the French Civil Code: “The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects”.
– Article 1648 paragraph 1 of the French Civil Code: “An action resulting from redhibitory defects must be brought by the buyer within a period of two years as from the discovery of the defect”.
– Article 2232 of the French Civil Code: “The deferral of the starting point, the suspension or the interruption of the prescription cannot have the effect of extending the period of the extinctive prescription beyond twenty years as from the date of birth of the right. The first paragraph does not apply to the cases specified in Articles 2226, 2227, 2233 and 2236, to the first paragraph of Article 2241 and Article 2244. Nor does it apply to actions concerning the status of persons”.
• The legal guarantees relating to product liability
The Client may raise the defect of a Product purchased on the Website pursuant to the provisions of Articles 1386-18 of the French Civil Code.
(Please complete and return this form only if you wish to withdraw from the agreement)
For the record, in application of the provisions of Article L. 121-21-8 paragraph 3°) of the French Consumer Code, the Client may not exercise his right of withdrawal in the event whereby Product Order(s) have been customized according to the Client’s specifications or significantly personalized and, accordingly, the Product(s) delivered may not be returned.
In accordance with the provisions of the Directive 2011/83/EU of the European Parliament and the Counsel dated October 25, 2011, only the Client residing in a Member State of the European Union may exercise his right of withdrawal.
Erik Schaix SARL
6, Rue Saint Florentin
75001 Paris
France