Terms & Conditions – Gensodo.com
[SmilePay, LLC] (“[Gensodo.com]”) owns and operate this Website. This document governs your relationship with [http://gensodo.com] (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
The products for sale are those which feature on the website www.gensodo.com on the day that the client consults the site.
[http://gensodo.com] does not sell any products which are second hand, faulty or of a quality inferior to the standards offered on the market.
We draw the client’s attention to the fact that the photographs showing our products may turn out to be slightly different from reality due to the client’s screen settings and the lighting when the photos were taken.
Furthermore, as it concerns hand-crafted creations, the articles may present ‘finishing’ irregularities, differences in size and/or colour inherent to this type of fabrication which cannot be considered to be major defects. The responsibility of the seller cannot be called into question, the validity of the order can not be affected by the above.
In all eventualities, the presentation photos of the products on offer in the electronic catalogue www.gensodo.com are not contractual, and they cannot make the seller liable to the buyer.
The prices displayed are indicated in euros, all French taxes included, excluding delivery expenses, order processing expenses and wrapping expenses.
The price must be paid in full when placing the order. The buyer reserves the right to modify at any time the sale price which appears on the electronic catalogue, with the exception of any product which has been sold for the price displayed on the website [http://gensodo.com].
In the case of a product delivery outside of the French territory, the border crossing tarifs and formalities are the exclusive responsibility of the client, unless otherwise specified. The client therefore promises to check the importation possibilities of ordered products in relation to the territory of the country of delivery.
The ordered product is delivered by post or by an independent transporter, depending on the nature of the ordered product, and by the exclusive initiative of the seller, to the address on the order form of the buyer. This address may differ from the address of the person who paid.
Our jewellery is mainly made in a traditional way ‘by hand’ at our workshops in Paris. The majority of our jewellery is only made by command. Also the pieces that the buyer may wish to purchase are unlikely to be in stock, but can be specially made by our workshops at the buyer’s request. The buyer’s attention is therefore drawn to the fact that the delivery times may vary from 2 to 5 weeks depending on the time of year and the complexity of the works requested.
[http://gensodo.com] delivers throughout the European Union and the rest of the world. For all countries outside of the European Union, delivery is made on a DDU basis (Delivery Duty Unpaid). This means the recipient will be liable for any local sales taxes or import duties which may be charged on the purchase.
[http://gensodo.com] does not deliver PO Boxes.
In the event of damage, the buyer is responsible for listing all necessary objections clearly and accurately on the delivery order, a copy of which is addressed by post or by the transporter to the buyer. In this respect, it lies with the buyer to verify the contents, the conformity and the state of the product on delivery. This verification should take place once the buyer, or a person duly authorised by the buyer, has signed the delivery order presented by the postmaster or by the transporter.
Despite the care taken in preparing orders, it may be that a product is missing from an order, or that an error occurred during its preparation. If you notice such an error, please let us know by sending an e-mail from our contact page within a maximum of 48 hours following receipt of the order.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and [http://gensodo.com] will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of [http://gensodo.com] or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by [http://gensodo.com] and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with [http://gensodo.com] you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. [http://gensodo.com] retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be [http://gensodo.com] or may in some cases be a third party. Where a contract is made with a third party [http://gensodo.com] is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
The buyer will need to identify himself or herself by filling in the order form offered by the website and follow the instructions
After having checked the content of the order, as well as its total cost (products ordered, forwarding fees, optional choices), and corrected possible errors, the buyer will then confirm it definitively. This confirmation is tantamount to the conclusion of the contract.
Once the contract has been concluded www.gensodo.com will send a receipt of the order to the buyer, by e-mail, containing a summary of the information registered on the order form.
The language used to conclude the contract with gensodo.com is English.
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
To pay the prices of the products and the forwarding fees, the buyer is to follow the terms indicated on the order form.
The payment for purchases can only be made via Paypal, banking transfer or Bitcoin.
The buyer guarantees to the seller, during the validation of his or her order form, that his or her situation is legal in regard to the payment card issuer.
The financial information will be directly managed to PAYPAL secured website or to other banks providing services related to electronic distance payments, without third parties being able to have access to it.
In accordance with the clauses of article L.121-20 of the consumer code, the buyer has a 14 clear day deadline, including the day of the delivery, to return the product to [http://gensodo.com] for reimbursement, without any penalties apart from return costs.
If this deadline of 14 days expires on a Saturday, Sunday, national holiday or day off, it is extended until the first working day that follows.
[http://gensodo.com] will however only accept the exchange and reimbursement of jewellery if all the conditions stipulated below are respected:
In the event where the return of the product by the buyer is due to an error by [http://gensodo.com] such as a product missing from the order or the receipt of the wrong product (subject to article 3 of the documents herein) or a defect in the product’s fabrication, [http://gensodo.com] promises to remplace the missing or faulty product.
The buyer will need to report the error by e-mail to firstname.lastname@example.org within a maximum of 48 hours following receipt of the order.
The buyer who will have exercised his right of retraction within the conditions of the present article will be reimbursed within 30 days from the date on which [http://gensodo.com] was aware of the exercising of his or her right of retraction.
No reimbursement can take place to the benefit of the buyer who has not exercised his or her right of retraction within the conditions of the present article. In this case the buyer will only be able to claim his or her expenses, on the return of the product bought such as it will have been received before by [http://gensodo.com].
The transmission of information on the website [http://gensodo.com] operates within a secure context which respects the formalities in force on the Internet.
[http://gensodo.com] promises to not divulge or sell the information to third parties. The information is confidential and will only be used to process the order and newsletters (only if a you as customer accept to sign up the gensodo newsletter).
In accordance with the loi informatique et libertés (French Data Protection Act) of 6 January 1978, you have the right to access, change and cancel the personal details which concern you. In order to do this, you will need to make the request to us online, optout/unsubscribe the newsletter or by post, indicating your surname, first name, address and if possible your client reference to the following address: Gensodo, 61 rue de boissy 94370 Sucy en brie, FRANCE.
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law [http://gensodo.com] and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect [http://gensodo.com]’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with [http://gensodo.com] and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to [http://gensodo.com].
You agree to indemnify, defend and hold harmless [http://gensodo.com], its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
[http://gensodo.com] shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
I want you to be happy with your item when you receive it. If for any reason you are not happy with your purchase, please be sure to contact me 🙂
Refund requests are granted up to one week after item is shipped. You will be responsible for shipping and item must be sent back as received. Refund will be made when item is received by me, minus original shipping costs. Please be sure to contact me prior to returning item. Also remember, refund is granted only to original purchaser.
All products are made by hand, so each one will vary slightly
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.