Conditions d'utilisation

1. Preamble

This website has been edited by Genevieve Berezai living on 24 rue Camille Desmoulins, 75011 Paris.

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The present general terms and conditions define the rights and obligations for the different parties involved in the process of the sales of luminaires, lamps, wall lights photophores etc. made within the website www.genevieveberezai.com or within the workshop or on the phone. These terms apply to every steps of the process from the order to the tracking.

These terms concern the legal persons at least aged 18 years old having the legal capacity to contract, and also companies, traders, artisans and liberal professions etc.…

Genevieve Berezai retains the right to adapt or change at any time the present terms and conditions without notification. In case of modification, the terms and conditions in effect at the day of the order will be applied.

The latest update of the terms and conditions will  be indicated at the tope of this page.

2. Order

The order cannot be saved on the website unless the user has clearly been identified through a personal username and password. In order to do so, the user will have to register, the website will conserve the data.

Everything is done for the pictures to look the closest from the reality and represent our products without ambiguity that could lead to the misleading of the customer.

 

By every order, the customer agrees upon:

-       The price,

-       The description of the product

-       The delivery place

-       The delivery time (in the limit of the stocks)

-       The transportation conditions

-       The present terms and conditions (the customer cannot order without accepting these terms).

 

Genevieve Berezai undertakes to honour orders only within the limit of available product stock. 

 

In case the products are unavailable, Genevieve Berezai undertakes to let the user know, and in any case to indicate the time the product would be available. The user will therefore have the possibility to cancel the order in case the new delivery time does not suit him. Genevieve Berezai retains the right not to honor an order for serious reasons such as a lack of supplies, serious doubts about the validity of payment.

 

The order will be delivered in the times agreed with the customer during the order confirmation and the latest 60 days following the order.

The orders paid by cheque will be taken into account at the reception of the payment, the delivery time will be calculated at the reception of the payments.

In case of stock-out that would prevent Genevieve Berezai to honor an order; Genevieve Berezai undertakes to inform the customer as soon as possible and suggest a new delivery time, or another product, or the complete refund. The customer will have the choice between these 3 options and will have to inform Genevieve Berezai by email of by letter. If the customer fails to inform Genevieve Berezai, the customer will automatically accept the new delivery time.

The customer will have to pay, added to the price of the products, a flat-rate contribution to the delivery charges. This contribution will be clearly indicated on the order form before final confirmation from the customer. This contribution is calculated depending of the weight of the products (see chapter 3: Delivery).

3. Delivery

Delivery options

 

Different options will be suggested to the customer:

UPS or Classic mail

 

Delivery will only be available in the countries listed below on weekdays:

 

Zone 0: France, Monaco

Zone 1: Germany, Netherlands, Luxembourg

Zone 1B: Belgium

Zone 2: United Kingdom, Italy, Spain, Switzerland

Zone 3: Austria, Denmark, Ireland, Portugal

Zone 4: Finland, Norway, Sweden

Zone 5: Greece, Hungary, Iceland, Poland, Czech Republic, Slovakia, Slovenia

Zone 6: Other countries in Eastern Europe + Maghreb

Zone 7: USA, Canada, Africa (except Maghreb) and Middle East

Zone 8: North/South America countries (except USA and Canada), Asia, Oceania

Zone 9: Guadeloupe (including St Barthelemy, St Martin), Martinique, Réunion, Guyane, Mayotte, Saint Pierre et Miquelon

Zone 10: New Caledonia and dependencies, French Polynesia, Wallis & Futuna islands, French Southern and Antarctic Territories

 

An international transfer payment (SWIFT) might be requested for a delivery in Zone 5 to 10.

 

All the products will be delivered to the address the customer gave during registration. The customer has sole responsibility for the validity of the address provided during registration.

If the order cannot be delivered because the recipient does not live at the indicated address, the package will be send back (without notification) by mail to Genevieve Berezai. Sending back the products a second time to the recipient will be the customer’s charge.

 

The non-delivery due to an invalid address does not give the customer the possibility to cancel the deal. Genevieve Berezai will do her best to organize a second delivery to the revised address, at the customer’s charge.

If the customer wishes to cancel the sale after providing a wrong address, the reimbursement of the order might be considered, in order to satisfy the customer, buy in any case deducting all the delivery charges and all the charges involved (packing, ordering etc.).

At the date of the sending, Genevieve Berezai will send a “Your order has been shipped” email to the customer with the package identification number.

Genevieve Berezai undertakes to organize the deliveries in the shortest times. The average deadline noted is 2/3 days.

These deadlines cannot be guarantedd in case of force majeure or exceptional circumstances, including strikes or customer’s abscence at the delivery time.

 

Delivery Tracking

 

The Customers are noticed when the products are shipped from Genevieve Berezai’s workshop. Once the carrier has taken charge of the products, an indentification number will be provided, allowing the customer to follow the products and the carrier’s website.

 

Delivery Price

 

The delivery charges, detailed in the order confirmation, are paid at the same time as the products, no extra payment will be requested during the delivery. Please note that the delivery charges are calculated depending on the weight of the product(s) and the delivery area.

The charges invoiced represent a customer’s participation to the delivery charges, and does not represent the exact amount of the delivery cost.  In case of the products return, the real charges are taken into account.

 

Property reservation

 

Genevieve Berezai retains title to goods until they are fully paid. The payment will act as a property transfer.

 

Receiving

 

Classic mail: The products will be considered delivered once put into the customer’s hands.

Carrier: The products will be considered delivered when the tracking states the package as “delivered”. The products are therefore considered in conformity and delivered.

If the customer protests in the 3 following days, this claim will seriously be studied  and a delivery investigation might be asked by Genevieve Berezai to the mail services.

 

It is therefore the responsibility of the customer to check the products received in the 3 days following the reception, even refusing the package if it shows clear damages or if any dysfunction is noticed at the reception of the package(s).

 

The claim will be made directly to Genevieve Berezai in a 3 days deadline by mail or email, including pictures of the damages.

Quality department will study every claim with special attention. Depending on the cases, Genevieve Berezai may ask for the products to be returned. An agreement concerning a change or a repair will be found with the customer.

 

In the case an anomaly is not proven, not recognized by the Genevieve Berezai’s quality department, which remain the sole arbitrator, no reimbursement will be considered (neither the product(s) or the charges). The customer will remain the owner of the products, free to pick the products up at the workshop.

 

Delivery delays

 

The delivery averages times are to be advisory only. Breaching these deadlines will never be a reason for the customer to claim a reimbursement of financial damages.

 

If the maker is late, the customer will be noticed and able at any time to be reimbursed if this delay could cause it prejudice.

 

In case the mail services are late, the customer is asked to notice this delay to Genevieve Berezai. In an eight-days timing following the sending date indicated on the “Your order has been shipped” email, the customer is invited to check with its local mail station if the package is pending, and therefore get it.

 

Claims to the carrier can me made. If the package is found, it will be send in the shortest times to the customer’s address. If not, the package will be considered lost and Genevieve Berezai will send back a replacement product at her own expense. If the product(s) ordered is/are not longer available, the customer will be suggested equivalent products or the reimbursement of the concerned products.

 

Customer’s absence or failure to pick the products at the mail station

 

In case the customer is not present at the time of the delivery, the mail services will usually a notification. The package will be kept at the mail station during 15 days. The customer is free to pick up the products using his ID card.

If the customer does not withdraw the products after this deadline, the products will be sent back to Genevieve Berezai, who reserves the right to cancel the order and reimburse the customer the price of the product(s), deducting all the delivery costs and further expenses. If the customer wishes to set a new delivery up, it could be arranged after receiving the full payment for the new delivery charges.

 

In case of a special carrier delivery, it will leave complete contact details in the customer’s mailbox and the customer is invited to get in touch with the carrier to get the package.

 

Product(s) return

 

Retractation: According to the French law “Article L121-20 du code de la consummation”, the customers have a 14 days retractation deadline following the date of the reception of the products. Once the order status changes to “Delivered”, the customers will have access to a “Retractation form” from the user account.

Genevieve Berezai will notice the customer of the reception of this retractation. The article should be returned to us in good shipping conditions in the original package clearly indicating the customer’s details, in order to proceed to the change or the reimbursement of the products. The risk transfer from the customer to Genevieve Berezai will only be effective at the reception of the products at the address of the workshop:

 

Genevieve Berezai

24 Rue Camille Desmoulins

75011 Paris

 

A product damaged during the return will not be reimbursed. To do so, the customers must send back the products intact in the original package. The products should not have suffered damages.

 

Delivery Back charges

Genevieve Berezai will cover the expenses for the return delivery via classic mail if one of the two condition listed below is met:

-       The delivery is not conform to the order

-       The customer indicates the carrier some damages on the products.


If the customer made a mistake during the order or in case of retractation the delivery charges will be at his own expense.

Reimbursement

 

In case of reimbursement, Genevieve Berezai will try her best to make this reimbursement effective within 14 days.

The reimbursement will be made by re-crediting in case of a credit card/ Paypal payment, by cheque in the other cases.

4.Prices

 The products prices are the ones indicated on the website at the time of the order. The currency used if EURO (€). These prices do not takr into account the delivery charges, which are invoiced seperatly and detailed in the final confirmation of the order. Genevieve Berezai retains the right to change these prices at any time, without notification. This would not affect the previous orders.

5. Payment

When confirming the order, the customers undertakes to fully pay the total amount of the order including the prices of the products and the delivery charges. The payment will be made either online using credit cards, or by cheque or bank transfer.

Credit cards payment

The only credit cards accepted on this website are:

- Blue card

- Visa

- Eurocard / Mastercard

- Paypal

 

By using this method of payment, the customer guarantees Genevieve Berezai of the required approvals. Please note that the bank account will be debited 3 d ays after the transaction (referring to the order) even if the order might be delayed. The secured payment system used by Genevieve Berezai on the website does not allow to debit the customers only at the reception of the products. 

Cheque Payment

Only cheques emitted by a bank located in France will be accepted. The cheque, payable to Genevieve Berezai, must be received on a 5 weekdays deadline following the order confirmation, and must be addressed to “Genevieve Berezai, 24 rue Camille Desmoulins, 75011 Paris”. The cheques received will immediately be given to the bank and once credited on Genevieve Berezai’s account, the order will be considered fully paid and in preparation. If the cheque is not received or if the bank notices of its rejection, Genevieve Berezai retains the right to cancel the order and therefore not deliver the customer.

Paypal payment

Paypal operate an open, secure and technology agnostic payments platform that businesses use to securely transact with their customers online, in stores and increasingly on mobile devices.

Bank transfer payment 

The customer is free to use a bank transfer. To do so, Genevieve Berezai provides, on the website at the end of the purchase, the bank details. The order will be treated at the registration of the transfer by Genevieve Berezai’s bank. Please note that international transfers are free of charges in Europe if they are SEPA transfers. 

Payments security

The Blue Cards payments operated on Genevieve Berezai’s website are managed by “Banque Postale” which provides necessary solutions to guarantee a secured payment. It means two levels of security for the customer:

-       Authentication methods are left at the discretion of the users banks (login, password, birthdate, code texting, access code etc.). For example, after providing his details on our payment page, the buyer might see another page from his own bank asking to confirm the payment (through one of at the security check listed above).

-       There is no storage of the customers bank details. The customer provides his bank details directly to Genevieve Berezai’s bank on a highly secured server. These information do not pass through intermediaries.

Only the full payment of the order will starts the process of creation and delivery.

6. Signature

Providing on the website the credit card details and the final confirmation of the order will act as a proof of payment of the totality of the order. This confirmation will also act as the customer’s signature and agreement of all the operations concerned.

However, in case of a fraudulent use of the credit card, the customer is invited to notice the Genevieve Berezai’s customer service department and also his own bank.

7. Warranty

The customer benefits for the products purchased of a warranty allowing to send back the products which would appear misfunctionning.

To exercice the warranty, the customer must without fail contact Genevieve Berezai who remains the sole arbitrator on the return or no of the products. Indeed, all the products that might benefit from the warranty must first be checked by the after sale service, which must provide its approval for any replacement to be provided.

 

Defaults, damages and deteriorations caused by normal use or by accident (including editingerror, faulty maintenance, abnormal use, improper storage, fire or flood..) or any modification unplanned and unadvised by the seller are out of the warranty. The warranty also not includes apparent defects which must be checked by the customer upon delivery.

8. Protection of personal data

Genevieve Berezai undertakes to protect the privacy of people using the website and the confidentiality of the information provided. The personal information required by Genevieve Berezai are necessary to insure the registration of the customer and the tracking of the order.

These information are also required on security purposes, and to respect legal obligations and also to help Genevieve Berezai to provide better personalized services.

According to French law “Informatiques et Libertés”, customers have a right to access and change its personal information, and opposing to their treatment. Customers can use the “Contact me” page on the website or classic mail, referring to his full name, email and address.

The website www.genevieveberezai.com is attached to the customers needs. It is the reason the website is using cookies. The cookie informs of the user’s presence on the website. There are only used just to improve the personalized service provided to the customer.

9. Copyright

All the names, texts, comments, publications, illustrations and images referring to the lamps, wall lights, luminaires, photophores, either visual or audible, reproduced on the Genevieve Berezai are controlled by copyright and intellectual property. They are the full property of Genevieve Berezai of her partners.

Any reproduction or representation, complete or partial, made without the author's consent, would be illegal and would constitute an infringement.

Any hypertext link to the Genevieve Berezai’s website through framing or deep linking without the prior consent of the owner constitutes an infringement.

  1.    Responsibility

Genevieve Berezai has a performance obligation for every steps from the order to the creation of the product(s). Genevieve Berezai undertakes to accurately describe and provide details about the products proposed on the website.

In all cases, Genevieve Berezai shall not be held liable if the non-performance of its obligations is attributable to an unforeseeable and insurmountable fact of a third party to the contract or to a force majeure event, as defined by the French case law.

 

We deny any liability for any inconvenience or damages due to using Internet, namely in the event of an interruption of the system, outside intrusion, 

IT virus or any event due to force majeure.

 

 In the event of one of the clauses of the present contract being null and void, 

either due to a change in legislation, or a change in the rules or by decision of justice, this does not in any way affect the validity and compliance with these Terms of sale.

These conditions apply for the entire duration of time that services offered by the company Genevieve Berezai and are subject to Frenchlaw. 

 

The competent Court in the event of litigation will be determined by the place of residence of the defendant.

 

However, the user can use one of the competent jurisdictions territorially competent, according to civil procedure code, the court of his residence at the time the contract was concluded.