GENERAL TERMS AND CONDITIONS OF SALE

ODIN MINERAUX is a French single-member limited liability company with a share capital of 5,000.00 euros, registered in the National Register of Enterprises under No. 927810218, with its registered office located at 31 rue des écoles, 66490 Saint-Jean-Pla-De-Corts, France (“ODIN MINERAUX“, or the “Seller“), whose main activity is the distance selling of jewelry and minerals (the “Products“).

Contact

Address: ODIN MINERAUX, 31 rue des écoles, 66490 Saint-Jean-Pla-De-Corts, France

Email: contact@odinmineraux.fr

As part of its business, ODIN MINERAUX publishes and operates an online store at the address [odinmineraux.fr] (hereinafter the “Site“).

  1. SCOPE OF APPLICATION

These general terms and conditions of sale (“GTC“) apply to any sale concluded between the Seller and any person acting as a consumer (hereinafter the “Customer“), hereinafter referred to together as the “Parties” and individually as the “Party“.

The GTC express the entirety of the Parties’ obligations, constitute the sole framework for the contractual relationship between them, and prevail over any other document, particularly any purchase conditions of the Customer.

To place an order with the Seller, the Customer must read these GTC and accept them without reservation.

The Customer declares that they have full legal capacity to contract with the Seller and specifically declares that they are of legal age and have the legal capacity to enter into a sale.

  1. ITEM AVAILABILITY

Items are marketed within the limit of available stocks.

In the event that an item proves to be unavailable, the Customer will be informed by email as soon as possible. The Customer will then have the option to (i) confirm the rest of their order, in which case they will be refunded the price of the unavailable item, or (ii) cancel their order, in which case they will be refunded the full amount paid. In the absence of a response after a period of fifteen (15) days from the notification, the Customer will be deemed to have cancelled their order.

In the event of cancellation, the Seller will refund the amounts paid by the Customer within thirty (30) days of the cancellation.

  1. SPECIFIC CHARACTERISTICS OF THE PRODUCTS SOLD

The Products are made from natural stones or minerals, which by definition may vary in appearance within the same category. The photographs presented on the Site are therefore a representative example of each Product. The Seller does its best to ensure that the photographs on the Site are realistic, but cannot guarantee a perfect match between these and the Products received by the Customer (variations in color, reflections, and shapes are possible).

The Customer is informed that the Products require specific maintenance, and notably that certain stones may lose their luster after being placed under water. Maintenance conditions are indicated on each Product sheet prior to purchase.

The Customer’s attention is also drawn to the fact that the Products, particularly stones and other minerals, are not medical devices. They are not suitable for therapeutic use and are not a substitute for medical follow-up.

  1. ORDERS
    1. Ordering process

A Customer wishing to purchase an item on the Site must:

  1. select the desired items and their quantity on the Site, and click on “Checkout” and “Validate cart”
  2. Fill in their personal information or log in with their customer account
  3. Read and accept the general terms and conditions of sale.
  4. Fill in their delivery address and choose their delivery method
  5. Fill in the payment information and proceed to payment.

The Customer will receive an automatic payment confirmation email as well as an order confirmation email with a summary of the items ordered, which forms the sales contract between the Parties.

As soon as the order is ready to be shipped, the Seller will send an order shipment email to the Customer. The Customer will receive an invoice issued by the Seller, which will serve as proof of the transaction.

    1. Customer account

Creating a customer account is optional for placing an order on the Site.

The Customer agrees to provide the Seller with truthful and complete data, not to infringe in any way on the rights of third-party natural or legal persons, to keep the requested data up to date, and to spontaneously correct any errors affecting them. The Seller reserves the right to request supporting documents at any time.

It is reminded that any consumer has the right to register on the telephone marketing opposition list (Bloctel system).

The login parameters (username and password) are unique, personal, and strictly confidential. The Customer is solely responsible for the use of their identifiers; they agree to use them personally and not to communicate them to third parties.

The Customer may at any time request the deletion of their customer account by following the procedure provided for this purpose on the Site or by making a request by email.

  1. PRICE AND PAYMENT TERMS
    1. Product Prices

The prices of the Products are displayed on the Site in euros including VAT at the rate in effect on the day of the order. In the event of a change in the applicable VAT rate, the modified rate will apply automatically.

The Seller reserves the right to vary the price of its Products over time, particularly during promotional operations. Promotional offers are only valid during their period of validity indicated on the Site.

Products will be invoiced based on the prices in effect at the time of order validation.

The price of the Products does not include delivery costs, any applicable customs duties and import taxes, or the telecommunication costs necessary for accessing and using the Site.

    1. Payment obligation

Validation of the order by the Customer entails an obligation to pay.

The order amount must be paid in full upon validation of the order on the Site. Otherwise, the Customer will be deemed to have cancelled their order.

No Product will be delivered before full payment of the price by the Customer.

    1. Means of payment

The Seller only accepts payments by credit card, Apple Pay, Alma, or e-gift cards.

Payments are made through the payment service provider, STRIPE, responsible for the storage and automated processing of bank details in a secure environment.

The Customer remains fully responsible for the banking information they provide and for the security of their means of payment.

Accepted credit cards are those from the VISA, MasterCard, and American Express networks. The Customer certifies that they are the holder of the credit card used, that the name appearing on it is indeed theirs, and that they have the necessary authorizations. The Customer’s credit card is debited at the end of the order validation process, after verification of the banking data and upon receipt of the debit authorization given by the issuer of the credit card used by the Customer. By providing their credit card information, the Customer authorizes the Seller to debit their credit card for the total amount of the order through its payment service provider.

  1. DELIVERY
    1. Timeframe

Delivery times announced on the Site are in business days (excluding Saturdays, Sundays, and public or non-working holidays). Delivery times are calculated taking into account the shipping and routing times of the order and depend on the delivery method chosen by the Customer. In any case, delivery times are indicated to the Customer before validation of the order.

The Customer is informed by email of the shipment of their order.

    1. Address and delivery method

All Products can be delivered in metropolitan France, including Corsica. For more information, the Customer can inquire with the Seller prior to their order.

The Customer is entirely responsible for the delivery address indicated at the time of the order. Any package returned to the Seller due to an incorrect or incomplete delivery address will be reshipped at the Customer’s exclusive expense, even if the first delivery was free. Furthermore, the Seller cannot be held responsible for any absence or delay in delivery resulting from this.

Delivery is carried out by the Seller or by a service provider carrier.

    1. Delivery costs

Delivery costs vary depending on the delivery address, the number and weight of the Products ordered, and the delivery method chosen by the Customer, and do not include any applicable customs duties, import taxes, and local taxes for which the Customer would be liable.

Delivery costs are the exclusive responsibility of the Customer. They are subject to change over time, depending on the pricing applied by the carriers. The delivery costs applicable to the order are those indicated at the time of validation of said order. In any case, the amount of the delivery costs is indicated to the Customer before validation of the order.

    1. Claims regarding delivery

The Customer is required to check the condition of the packaging and its contents at the time of delivery and must immediately report any reservations to the delivery person. If the package is damaged or incomplete upon receipt, the Customer must also notify the Seller as soon as possible by email accompanied by supporting documents (photographs or videos). It is specified that the absence of reservations does not deprive the consumer of their right to invoke the legal guarantee of conformity.

  1. RIGHT OF WITHDRAWAL
    1. Terms of the right of withdrawal

In the case of a contract concluded at a distance or off-premises, the consumer Customer has a period of fourteen (14) calendar days to inform the Seller of their intention to withdraw from the contract without having to justify their decision, in accordance with articles L. 221-18 et seq. of the Consumer Code.

For contracts concluded at a distance, the period begins to run from the day after the delivery of the Product(s).

    1. Exercise of the right of withdrawal

The consumer Customer must notify their decision to withdraw from the contract by means of a clear and unambiguous statement by mail or email. The consumer Customer may use the model withdrawal form available in the appendix of these terms, but it is not mandatory.

If applicable, the Customer must also return the Products without undue delay and at the latest within fourteen (14) calendar days from the notification of their withdrawal to the address indicated in the header of these terms.

In the event of exercising the right of withdrawal, the costs of returning the Product are the exclusive responsibility of the Customer, as the Seller does not accept packages returned postage due or cash on delivery. The Customer bears all risks related to the return.

Only Products returned complete, in their original condition, unopened, and with all their accessories in their original condition will be accepted. The Customer’s liability may be engaged for any use exceeding the handling necessary to establish the nature and characteristics of the Products.

    1. Refund

In the event of exercising the right of withdrawal, the Seller will refund the amounts paid by the consumer Customer at the latest fourteen (14) calendar days from the notification of withdrawal. The Seller reserves the right to defer the refund until the Products are recovered or until the Customer has provided proof of their shipment.

The refund will be made using the same means of payment as that used by the Customer for the initial transaction, unless otherwise agreed.

In the event of a partial return of an order, the Seller will refund the Customer the amount of the delivery costs in proportion to the total amount of the order. In the event of a total return of an order, the Seller will refund the Customer the total amount of the delivery costs. The Seller will not refund additional delivery costs if the Customer chose a more expensive delivery method than the standard method offered on the Site.

Return costs are the responsibility of the Customer as part of their right of withdrawal.

In accordance with the provisions of article L.221-28 of the Consumer Code, the right of withdrawal is excluded for orders of items that have been made to the Customer’s specifications or clearly personalized, as well as for goods likely to deteriorate rapidly.

  1. LEGAL GUARANTEES

To exercise a legal guarantee, the Customer must contact the Seller by mail or email. The Customer must specify the defects encountered on the Product concerned as well as any useful information and attach any document (notably photographs) allowing for the assessment of the existence of the defects encountered. The Customer must also present proof of purchase of the Product from the Seller.

Upon request from the Seller, the Customer must return the Product concerned.

The full shipping costs will be covered by the Seller, upon presentation of supporting documents by the consumer Customer and provided that a legal guarantee can apply. The Customer advances the return costs and attaches the proof of advanced costs to their shipment. The Customer bears all risks related to the return of the item.

The Seller and the Customer agree to communicate in good faith.

  1. LIABILITY

The Seller’s liability cannot be held in the event of negligence or fault attributable to the Customer, in the event of an unpredictable and insurmountable act of a third party, including delays by delivery services, or in the event of force majeure. Force majeure is understood as any external, unpredictable, and irresistible event within the meaning of article 1218 of the Civil Code and as defined by case law.

The Customer’s attention is drawn to the need to respect the conditions of use of the Products sold. Thus, the Seller’s liability cannot be engaged in the event of non-compliance by the Customer with the conditions of storage, care, and maintenance of the Products sold.

It is reminded that the Products are not intended for therapeutic use, and that the Seller’s liability cannot be held in the event of non-compliant use of the Products.

The Customer cannot claim that the product is unsuitable for their expectations due to an error or omission on their part.

The Seller is only bound by an obligation of means in the context of providing access to the Site. The Seller cannot guarantee the total absence of errors or anomalies in the Site it makes available. The Customer is informed that access to the Site may be temporarily interrupted for maintenance or updates. The Customer will be informed of this via a notification on the Site’s homepage. No compensation will be due to the Customer due to a temporary unavailability of access to the Site.

The Customer must handle at their own expense the acquisition, setup, maintenance, and connection of the various elements of the configuration and telecommunication means necessary to access the Site. It is also their responsibility to subscribe to the telecommunication subscriptions necessary to access the Site.

  1. INTELLECTUAL PROPERTY

These GTC and orders do not operate any transfer of intellectual property rights between the Seller and the Customer.

All texts, images, logos, and graphic interfaces present on the Site and on all documentation provided by the Seller, as well as the IT component of the Site, are protected by copyright. These rights are reserved for the entire world. It is therefore forbidden for any person to copy, modify, distribute, transmit, broadcast, represent, reproduce, publish, license, transfer, or exploit in any other way the information present on the Site and on the Seller’s documentation, as well as the IT component of the Site, all such uses being likely to constitute an infringement.

It is forbidden to interfere with the Site’s source code in any way and for any reason whatsoever, including to correct errors or anomalies, as the Seller is solely responsible for the corrective and evolutionary maintenance of the Site.

  1. PERSONAL DATA

The Seller is required to collect and process personal data of the Customer (notably last name, first name, postal and email addresses, telephone) and agrees to comply with the regulations in force.

The purposes of this processing are as follows: offering products or promotions, processing orders and deliveries, managing invoices and unpaid debts, commercial prospecting by mail, email, and SMS

The persons concerned by this processing have a right to information, access, rectification, a right to be forgotten and to erasure, a right to limitation, portability and to obtain a copy, opposition for legitimate reasons, and to withdraw their consent at any time to the processing of personal data concerning them.

These rights are exercised with the Seller by email at the following address: contact@odinmineraux.fr

  1. MODIFICATION OF THE GENERAL TERMS AND CONDITIONS

The Seller reserves the right to modify these GTC at any time. The order is subject to the GTC in effect at the time of its conclusion.

These GTC replace any other general terms and conditions previously accepted by the Customer.

  1. APPLICABLE LAW AND DISPUTES

These general terms and conditions and any contract governed by them are subject to French law.

For any claim, the Customer can contact the Seller by mail or email.

In accordance with articles L. 612-1 et seq. of the Consumer Code, the consumer, subject to article L. 612-2, has the option to submit a request for amicable resolution through mediation, within one (1) year from their written claim to the professional.

The Seller has designated the following consumer mediation entity:

CM2C

14 rue Saint Jean, 75017 PARIS

Email: cm2c@cm2c.net

Tel: 01 89 47 00 14

The consumer is also informed that they can choose to use the European Commission’s online platform for online dispute resolution (ODR), accessible from the following link: http://ec.europa.eu/consumers/odr/.

The consumer is reminded that, in order to refer a matter to a consumer mediator, they must prove that they have previously sent a claim to the Seller.

All disputes relating to these GTC or to contracts governed by the GTC between the Seller and any professional Customer fall under the exclusive jurisdiction of the Commercial Court of Lyon, France, notwithstanding multiple defendants, third-party notices, warranty claims, or summary proceedings.

APPENDIX – MODEL WITHDRAWAL FORM (Consumer Customers)

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

To: ODIN MINERAUX, 31 rue des écoles, 66490 Saint-Jean-Pla-De-Corts, France

Email: contact@odinmineraux.fr

I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the good (*)/for the provision of the service (*) below:

– Ordered on (*) / received on (*):

– Name of the consumer(s):

– Address of the consumer(s):

Signature of the consumer(s) (only if this form is notified on paper):

Date:

(*) Cross out what does not apply.

In effect as of May 1st, 2024

To exercise a legal guarantee, the Customer must contact the Seller by mail or email. The Customer must specify the defects encountered on the Product concerned as well as any useful information and attach any document (notably photographs) allowing for the assessment of the existence of the defects encountered. The Customer must also present proof of purchase of the Product from the Seller.

Upon request from the Seller, the Customer must return the Product concerned.

The full shipping costs will be covered by the Seller, upon presentation of supporting documents by the consumer Customer and provided that a legal guarantee can apply. The Customer advances the return costs and attaches the proof of advanced costs to their shipment. The Customer bears all risks related to the return of the item.

The Seller and the Customer agree to communicate in good faith.

  1. LIABILITY

The Seller’s liability cannot be held in the event of negligence or fault attributable to the Customer, in the event of an unpredictable and insurmountable act of a third party, including delays by delivery services, or in the event of force majeure. Force majeure is understood as any external, unpredictable, and irresistible event within the meaning of article 1218 of the Civil Code and as defined by case law.

The Customer’s attention is drawn to the need to respect the conditions of use of the Products sold. Thus, the Seller’s liability cannot be engaged in the event of non-compliance by the Customer with the conditions of storage, care, and maintenance of the Products sold.

It is reminded that the Products are not intended for therapeutic use, and that the Seller’s liability cannot be held in the event of non-compliant use of the Products.

The Customer cannot claim that the product is unsuitable for their expectations due to an error or omission on their part.

The Seller is only bound by an obligation of means in the context of providing access to the Site. The Seller cannot guarantee the total absence of errors or anomalies in the Site it makes available. The Customer is informed that access to the Site may be temporarily interrupted for maintenance or updates. The Customer will be informed of this via a notification on the Site’s homepage. No compensation will be due to the Customer due to a temporary unavailability of access to the Site.

The Customer must handle at their own expense the acquisition, setup, maintenance, and connection of the various elements of the configuration and telecommunication means necessary to access the Site. It is also their responsibility to subscribe to the telecommunication subscriptions necessary to access the Site.

  1. INTELLECTUAL PROPERTY

These GTC and orders do not operate any transfer of intellectual property rights between the Seller and the Customer.

All texts, images, logos, and graphic interfaces present on the Site and on all documentation provided by the Seller, as well as the IT component of the Site, are protected by copyright. These rights are reserved for the entire world. It is therefore forbidden for any person to copy, modify, distribute, transmit, broadcast, represent, reproduce, publish, license, transfer, or exploit in any other way the information present on the Site and on the Seller’s documentation, as well as the IT component of the Site, all such uses being likely to constitute an infringement.

It is forbidden to interfere with the Site’s source code in any way and for any reason whatsoever, including to correct errors or anomalies, as the Seller is solely responsible for the corrective and evolutionary maintenance of the Site.

  1. PERSONAL DATA

The Seller is required to collect and process personal data of the Customer (notably last name, first name, postal and email addresses, telephone) and agrees to comply with the regulations in force.

The purposes of this processing are as follows: offering products or promotions, processing orders and deliveries, managing invoices and unpaid debts, commercial prospecting.

The persons concerned by this processing have a right to information, access, rectification, a right to be forgotten and to erasure, a right to limitation, portability and to obtain a copy, opposition for legitimate reasons, and to withdraw their consent at any time to the processing of personal data concerning them.

These rights are exercised with the Seller by email at the following address: contact@odinmineraux.fr

  1. MODIFICATION OF THE GENERAL TERMS AND CONDITIONS

The Seller reserves the right to modify these GTC at any time. The order is subject to the GTC in effect at the time of its conclusion.

These GTC replace any other general terms and conditions previously accepted by the Customer.

  1. APPLICABLE LAW AND DISPUTES

These general terms and conditions and any contract governed by them are subject to French law.

For any claim, the Customer can contact the Seller by mail or email.

In accordance with articles L. 612-1 et seq. of the Consumer Code, the consumer, subject to article L. 612-2, has the option to submit a request for amicable resolution through mediation, within one (1) year from their written claim to the professional.

The Seller has designated the following consumer mediation entity:

CM2C

14 rue Saint Jean, 75017 PARIS

Email: cm2c@cm2c.net

Tel: 01 89 47 00 14

The consumer is also informed that they can choose to use the European Commission’s online platform for online dispute resolution (ODR), accessible from the following link: http://ec.europa.eu/consumers/odr/.

The consumer is reminded that, in order to refer a matter to a consumer mediator, they must prove that they have previously sent a claim to the Seller.

All disputes relating to these GTC or to contracts governed by the GTC between the Seller and any professional Customer fall under the exclusive jurisdiction of the Commercial Court of Lyon, France, notwithstanding multiple defendants, third-party notices, warranty claims, or summary proceedings.

APPENDIX – MODEL WITHDRAWAL FORM (Consumer Customers)

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

To: ODIN MINERAUX, 31 rue des écoles, 66490 Saint-Jean-Pla-De-Corts, France

Email: contact@odinmineraux.fr

I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the good (*)/for the provision of the service (*) below:

– Ordered on (*) / received on (*):

– Name of the consumer(s):

– Address of the consumer(s):

Signature of the consumer(s) (only if this form is notified on paper):

Date:

(*) Cross out what does not apply.

In effect as of May 1st, 2024