General terms and conditions of sale

Preamble

These general terms and conditions of sale are entered into, on the one hand, by ZH3 DISTRIBUTION (the “Seller”), with share capital of €10,000, whose registered office is located at 177 rue du Temple, 75003 Paris, registered with the Paris Trade and Companies Register under number 91750932500010 and operating the zagbijoux.fr website, and, on the other hand, by any natural or legal person (the “Customer”) wishing to make a purchase through the zagbijoux.fr website.

The Terms and Conditions of Sale apply to all product orders placed via the zagbijoux.fr website.

The Customer declares that they have read and accepted these Terms and Conditions of Sale and the Privacy Policy without restriction or reservation by checking the box provided for this purpose before proceeding with payment on the zagbijoux.fr website.

Article 1. Purpose 

These terms of sale define the contractual relationship between ZAG Bijoux and the Customer, and the terms applicable to any purchase made through the zagbijoux.fr website. Purchasing a product through this website constitutes the Customer's unreserved acceptance of these terms of sale, which the Customer acknowledges having read before placing an order. Before any transaction, the Customer declares, firstly, that purchasing products on the website is unrelated to their professional activity and is strictly for personal use, and secondly, that they have full legal capacity to enter into these general terms and conditions of sale. 

ZH3 DISTRIBUTION reserves the right to amend these terms of sale at any time to comply with any new regulations or to improve the use of its website. Accordingly, the applicable terms will be those in force on the date the Customer places the order.

Article 2. Products 

The products offered are those listed on the zagbijoux.fr website of ZH3 DISTRIBUTION, subject to availability. ZH3 DISTRIBUTION reserves the right to change its product range at any time. Each product is presented on the website with a description of its main technical characteristics (composition, size, color, etc.). Images of natural stone jewelry are as accurate as possible, but as each stone is unique, the colors may differ slightly from those shown in the photos.
Sales of products featured on the zagbijoux.fr website are intended for all customers residing in countries of the European Union.

ZAG Bijoux also offers a gift card in the form of a voucher that allows the holder to pay for purchases, in one or more transactions, up to the available balance and before the expiry date, topping up with another payment method if necessary. 
The validity period is limited to 12 months from the date of purchase.
The remaining balance on the gift card will be visible in the Customer’s account.
The card cannot be exchanged, returned, resold, refunded, or credited to a bank card or bank account.

Article 3. Prices 

The prices shown on the product pages in the online catalog are in euros (€), inclusive of all taxes (including VAT), and take into account the VAT rate applicable on the date the order is placed. Any change in the VAT rate may be reflected in product prices. ZAG Bijoux reserves the right to change its prices at any time; however, the price shown in the catalog on the date the order is placed will be the only price applicable to the Customer. The prices shown do not include shipping costs, which are charged in addition to the price of the products purchased, based on the total order amount.
In mainland France, the Customer will be charged a flat contribution toward shipping costs of €6.00 including tax for home delivery and €4.50 including tax for delivery to a collection point. In Europe, these costs will be €12.00 including tax for home delivery.
Standard delivery is free on orders over €100, and on orders over €60 for delivery to a collection point (these terms apply in mainland France only).
Shipping costs are €15 including tax for the French overseas departments and territories, the Canary Islands, and the Balearic Islands. In addition, the Customer may have to pay customs duties or other taxes due when importing products into the country of delivery. If the Customer refuses to pay customs duties, the parcel will be returned to the sender. Customs duties will be deducted from the refund.

Article 4. Orders and payment terms 

Before placing an order, the Customer must create an account on zagbijoux.fr. On each visit, if the Customer wishes to place an order or view their account (order status, profile, etc.), they must sign in using their account details. ZH3 DISTRIBUTION offers the Customer the option to order and pay for products in several steps.

The Customer selects the products they wish to order in the “cart,” makes any necessary changes (quantities, references, etc.), and checks the delivery address or enters a new one. Shipping costs are then calculated and submitted to the Customer, along with the carrier’s name. 

To complete the order, the customer must accept the Terms and Conditions and the Privacy Policy of the website by checking the box provided for this purpose, then confirm the order by clicking the “Confirm order” button.

You can pay by PayPal or bank card.

For payments by bank card, the customer must be the holder of the bank card used. The customer accesses a dedicated space provided by a banking institution, which ensures the security and recording of the payment order.

You can also pay in 3 interest-free installments with Alma: To offer you Alma’s payment options, we may need to share your personal data, including your contact details and order details, with Alma so that Alma can assess whether you meet the eligibility requirements and tailor these options to your needs. Your transferred personal data will be processed in accordance with Alma’s privacy policy.

If, for any reason (dispute, refusal by the issuing bank, etc.), the amounts owed by the customer cannot be debited, the order will not be registered by ZAG Bijoux.

Article 5. Retention of title 

ZH3 DISTRIBUTION retains full ownership of the products sold until full payment of the price, including principal, fees and taxes.

Article 6. Receipt of the order - Complaints - Returns

Right of withdrawal

Under Article L121-20 of the Consumer Code, the customer has 14 days from delivery of their order to exercise their right of withdrawal and therefore return the product* to the seller for a refund (or request store credit) without penalty, except for shipping and return costs, provided that the product has not been worn and the jewelry retains its small reference tag and original packaging. If the jewelry no longer has its original packaging (reference label, plastic, pouch), no refund or store credit will be issued.

*Note: for hygiene reasons, piercings can neither be exchanged nor refunded.

Refunds can only be issued to the bank card used for payment. 

In the event of a refund request, return fees will apply. In mainland France, a flat contribution toward return costs will be charged to the customer, amounting to €6.00 including tax for a home delivery return and €4.50 including tax for a parcel collection point return. In Europe, these fees will amount to €12.00 including tax.

If store credit is requested, no return shipping fees will be charged. Store credit issued is valid for 4 months from the date of issue and cannot be combined with other codes (store credit, loyalty voucher, special offer).

If a piece of jewelry was purchased with a discount code, the refund will take into account the amount paid using that code. The same applies to a defective piece of jewelry.

If a piece of jewelry was purchased using store credit, contact customer service at serviceclients@zagbijoux.fr or info@zagbijoux.fr to have new store credit issued.

Promotional offers: if an order is placed during a promotional period, such as “Buy 3 pieces of jewelry, get 1 free”, the free piece of jewelry must be returned if requesting a full or partial refund that affects the offer conditions.

During the holiday season, returns for all orders placed in December will be extended.

All returns of jewelry purchased on our website must be handled by our service. Jewelry cannot be returned to our ZAG stores or to our retailers.

To cancel an order, email us within one hour of placing your order at info@zagbijoux.fr, providing your full name and order number, and we will take care of it.

Non-compliance

The Customer must check that the products received correspond to the order at the time of delivery. Any delivery issue, such as:
• damaged package,
• missing products,
• damaged products,
• products that do not conform to the order must be reported within the statutory time limits following receipt of the order. This notification must be sent to ZAG Bijoux customer service by email via the website’s contact form.

Once the non-compliance has been confirmed, the Customer will be offered either:
• Replacement of the product(s) at the seller’s expense,
• Either a refund of the order price (Product prices and delivery costs), as well as the return shipping costs for the non-compliant Product, no later than thirty (30) days from the date the customer service department of ZAG Bijoux sent notification confirming the non-compliance.

In the event of a refund, the Customer will be refunded the full price of the returned compliant products, excluding taxes and customs duties paid by the Customer upon delivery and shipping costs incurred. Cash on delivery returns are not accepted.

For any return of a non-compliant Product, the Customer must follow this procedure:
• the Customer must complete the return form available on the website under “Customer Service” > Make a return.
• the Products must be returned in their original packaging, with their labels and any accessories that allow them to be resold, to the following address: ZAG Bijoux, 177 rue du Temple, 75003 Paris, FRANCE

Order tracking

The Customer can track the progress of their order at no additional cost beyond the standard communication cost, by emailing serviceclients@zagbijoux.fr.

Article 7. Delivery 

Deliveries are made to the address indicated on the order form, which must be within the agreed geographical area. Orders are shipped by La Poste via COLISSIMO, a tracked delivery service. Delivery times of 3 to 5 business days, not including order preparation time, are provided for information purposes only; if they exceed thirty days from the date of the order, the sales contract may be terminated and the Customer refunded. ZAG Bijoux may provide the Customer with the parcel tracking number by email. The parcel is delivered to the Customer’s home by their postal worker. If the Customer is absent, the postal worker will leave a delivery notice, allowing the Customer to collect the ordered products from the nearest Post Office within the period indicated by the postal service.

The risks associated with transport are borne by the purchaser from the moment the items leave the premises of the company ZH3 DSITRIBUTION.
Delivery times are the sole responsibility of the carriers, and ZAG Bijoux shall in no case be held liable for failure to meet delivery times.

The Customer must check the condition of the packaging and its contents in the presence of the La Poste representative or delivery person upon delivery. In the event of damage during transport, if the parcel is damaged, torn or open, the customer must refuse the parcel and note a reservation on the delivery slip, a copy of which they must request. This check is deemed to have been carried out as soon as the Customer, or a person authorized by them, has signed the delivery note. Any complaint must be made to the carrier by registered letter within three days of delivery. A copy of this letter must be sent to info@zagbijoux.fr.
If a parcel is lost or received empty, an investigation will be opened with the carrier, with an identity document and a statement confirming non-receipt of the parcel provided as supporting documents. The order will either be reshipped or a credit issued; no refund requests will be considered. 

Delivery times may be extended during the holiday season and during special events (Black Friday, Valentine's Day, Mother's Day, public holidays, etc.).

If a parcel is returned to the sender for various reasons (unclaimed, incomplete address, etc.), ZAG Bijoux will refund the Customer's order, excluding shipping costs.

Delivery via CHRONOPOST: Any order placed before 8 a.m. will be received the following day.
Delivery takes 24-48 business hours.
Orders placed after 10 a.m. are processed and shipped the following day.

Article 8. Quality Guarantee

The statutory warranty of conformity

In France, the customer benefits from the statutory warranty of conformity referred to in Articles L. 217-3 to L. 217-20 of the Consumer Code and the warranty for defects in the item sold, under the conditions set out in Articles 1641 to 1648 and 2232 of the Civil Code.

Accordingly, ZAG Bijoux remains liable for any lack of conformity of the goods with the contract and for latent defects and lack of conformity under the conditions set out in the aforementioned provisions.

In the event of a lack of conformity, the Customer may choose between repair and replacement of the Product. To report a lack of conformity, contact customer service: serviceclients@zagbijoux.fr.

However, ZAG Bijoux may decline to follow the Customer's choice if it would entail a manifestly disproportionate cost compared with the other option, taking into account the value of the Product or the significance of the defect. ZAG Bijoux must then, unless this is impossible, proceed with the option not chosen by the Customer.

If repair and replacement of the Product are impossible, the Customer may return the Product and receive a credit note equal in value to the jewelry, or keep the Product and receive a credit note equal in value to the jewelry, in accordance with the provisions of Article L. 217-14 of the Consumer Code.

Article L. 217-3 of the Consumer Code: "The seller delivers goods that conform to the contract and to the criteria set out in Article L. 217-5.
The seller is liable for any lack of conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1 that becomes apparent within two years of delivery. In the case of a sales contract for goods incorporating digital elements:
1° Where the contract provides for the continuous supply of digital content or a digital service for a period of less than or equal to two years, or where the contract does not specify the duration of supply, the seller is liable for any lack of conformity of this digital content or digital service that becomes apparent within two years of delivery of the goods;
2° Where the contract provides for the continuous supply of digital content or a digital service for a period exceeding two years, the seller is liable for any lack of conformity of that digital content or digital service that appears during the period in which it is supplied under the contract.
For such goods, the applicable period does not deprive the consumer of the right to updates in accordance with the provisions of Article L. 217-19.
The seller is also liable, during the same periods, for any lack of conformity resulting from the packaging, assembly instructions or installation where the seller was responsible for installation under the contract or it was carried out under the seller’s responsibility, or where incorrect installation by the consumer, as provided for in the contract, is due to shortcomings or errors in the installation instructions provided by the seller.
This warranty period applies without prejudice to Articles 2224 et seq. of the Civil Code. The limitation period for the consumer’s action begins on the day the consumer becomes aware of the lack of conformity.

Article L. 217-4 of the Consumer Code: “The goods conform to the contract if they meet, in particular where applicable, the following criteria:
1° It matches the description, type, quantity and quality, particularly with regard to functionality, compatibility, interoperability or any other characteristics provided for in the contract;
2° It is suitable for any specific purpose sought by the consumer, made known to the seller no later than at the time the contract is concluded, and accepted by the seller;
3° It is delivered with all accessories and installation instructions that must be supplied in accordance with the contract;
4° It is updated in accordance with the contract.”

Article L. 217-11 of the Consumer Code: “Bringing the goods into conformity shall be carried out at no cost to the consumer.
The consumer is not required to pay for the normal use made of the replaced goods during the period before their replacement.”

When acting under the legal guarantee of conformity, the consumer:
- has two years from delivery of the goods to take action;
- may choose between repair or replacement of the goods, subject to the cost conditions set out in Article L. 217-8 of the Consumer Code;
- is not required to prove the existence of the lack of conformity of the goods during the six months following delivery of the goods. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods.

The legal guarantee of conformity applies independently of any commercial warranty that may be provided.

The ZAG Bijoux contractual warranty

ZAG Bijoux ensures the impeccable quality of its Products and takes great care with them from manufacture through to sale.

Authentic ZAG Bijoux Products are sold exclusively at authorized points of sale bearing its name. The list and contact details of these outlets are updated periodically, particularly on the website www.zagbijoux.fr

However, if a ZAG Bijoux Product does not meet ZAG Bijoux quality standards, the Customer is entitled to an international contractual warranty for the two years following its purchase. A return form will be sent to the Customer at the billing address provided when placing the order, for the mandatory return of the jewelry.

The ZAG Bijoux international warranty applies under normal use. The following are excluded from the warranty:

• natural wear and tear on the product;
• the breakage of a component of the jewelry;
• the loss of a piece of jewelry or one of its components;
• improper use and maintenance, as well as defects in use or maintenance;
• damage caused by handling errors, abusive or abnormal use, intentional or accidental physical modification, or use for professional or commercial purposes;
• visible defects and products damaged during transport, after delivery, or due to improper use;
• any work carried out on the jewelry by someone not authorized by the After-Sales Service, as well as any damage resulting from such work.
• the return of a piece of jewelry offered as part of a promotional offer

The ZAG Bijoux international warranty provides for a repair whenever possible and, failing that, an exchange for an identical item or a credit note for the same value as the purchased product. No refunds will be issued for defective jewelry.

After checking the condition of the Product and the validity of the warranty, the Product will be sent to our repair workshop. Customer Service will indicate the estimated repair or replacement time (defective products are processed within a minimum of 15 days). The repaired or replaced Product will be sent to the billing address unless specific requests have been made. The defective jewelry item that cannot be repaired will be kept by our after-sales service.

Please send return requests to info@zagbijoux.fr (invoice/order number, product photo, and description of the defect) before physically returning the product.

Purchases made at a physical store cannot be returned directly to our company. Returns are handled exclusively by the store concerned, upon presentation of proof of purchase (for example: sales receipt).

Article 9. Liability 

In the distance-selling process, ZH3 DISTRIBUTION is bound only by an obligation of means. It cannot be held liable for any damage resulting from the use of the Internet, such as data loss, intrusion, viruses, service interruption or other unintended problems.

Article 10. Intellectual property 

All elements of the zagbijoux.fr website are and shall remain the exclusive intellectual property of ZH3 DISTRIBUTION. No one is authorized to reproduce, exploit or use any elements of the website, even in part, in any way whatsoever, whether in the form of a photograph, logo, image or text. Any link, whether direct or via hyperlink, is strictly prohibited without the express written consent of ZAG Bijoux.

Some products have been registered as designs and are automatically protected by copyright.

The Customer shall not reproduce or use any product designs, packaging, photographs, photographic compositions, concepts, product names, texts, illustrations, trademarks or distinctive signs, trade secrets, techniques or know-how used by ZAG Bijoux, or take any action to appropriate these elements, whether or not they are protected by ZAG Bijoux through a trademark, design right or copyright.

Article 11. Personal data

ZH3 DISTRIBUTION undertakes to protect the confidentiality of information provided by the Customer, which they may be required to submit in order to use certain services. Any information concerning them is subject to the provisions of Law No. 78-17 of January 6, 1978. Accordingly, users have the right to access, amend and delete information concerning them. They may exercise this right at any time by writing to the following address: ZH3 DISTRIBUTION, 177 rue du Temple, 75003 Paris, France. 

Article 12. Rules governing the general terms and conditions of sale

Applicable law, disputes and claims

The General Terms are governed by French law and applied and interpreted in accordance with that law.

In the event of a dispute, the French courts at the location of ZAG Bijoux’s registered office shall have exclusive jurisdiction, except where derogating jurisdiction rules apply when the consumer is the claimant.

In the event of a dispute, ZAG Bijoux and the Client undertake to seek an amicable solution before taking legal action.

Mediation and amicable dispute resolution:

Under Articles L612-1 et seq. of the French Consumer Code, the Client may seek the free services of a mediator to amicably resolve any unresolved dispute with ZAG Bijoux.

The mediator designated by the watchmaking and jewellery trade is the Consumer Mediation Centre of Justice Conciliators (CM2C), an accredited organisation for the amicable resolution of consumer disputes. To resolve a dispute, the Client must first send a written complaint to ZAG Bijoux. One month later, if the Client has not obtained a satisfactory outcome, they may contact the CM2C mediation service easily and free of charge online by submitting their case here or by regular mail (including your email address, telephone number and written complaint) to: CM2C - Consumer Mediation Centre of Justice Conciliators, 49 Rue de Ponthieu, 75008 Paris. The CM2C can also be contacted by telephone at: 01 89 47 00 14.

Admissibility requirements:

It is hereby specified that the mediator may review the dispute only if the following conditions are met:

- The consumer must provide evidence that they first attempted to resolve the dispute directly with ZAG Bijoux by filing a written complaint;
- The request must not be manifestly unfounded or abusive;
- The dispute must not have previously been reviewed or be under review by another mediator or a court;
- The consumer submitted their request to the mediator within one year of filing a written complaint with ZAG Bijoux’s customer service.
- The dispute falls within the mediator’s jurisdiction.
Mediation is a process freely accepted by the parties. The parties remain free to discontinue or continue the mediation they have undertaken, and to reach or not reach an agreement. Mediation requires the parties to act in good faith, demonstrated by a willingness to cooperate with one another and to provide the information requested by the mediator.

Telephone marketing opt-out

In accordance with Article L. 223-1 of the Consumer Code, you may register free of charge on the Bloctel telephone marketing opt-out list (www.bloctel.gouv.fr). Registration means that businesses can no longer contact you by telephone for commercial prospecting purposes, except where such calls are made in connection with the performance of an ongoing contract and are directly related to its subject matter.