TERMS OF SALES

Last update: January 04, 2023

The purpose of these conditions is to set the terms under which SARL OXY (Sage & Rebelle) sells to its customers jewelry in gold plated, gold, silver, surgical steel or titanium GR23, titanium F136 (hereinafter referred to as “the Product(s)”) through the sage-et-rebelle.com website.

SARL OXY, a limited liability company registered in the Strasbourg Trade and Companies Register under number B 888 408 598 and whose registered office is 38 rue du faubourg de Saverne (67000); Phone 0388222970; Email: contat@oxypiercing.fr

The acceptance of these general terms and conditions of sale ("GTC") implies the Customer's full and unreserved acceptance of these GTC.

All orders on the Site are subject to these T&Cs. These are subject to change and updates; the conditions applicable to the order of a Product by a Customer are those in force on the day of the order.

1. OBJECT

These GCS exclusively govern the sales made by Sage & Rebelle of products offered to buyers who are consumers on the site and specify the conditions for ordering, payment, delivery and management of any returns of products ordered by customers.

The GCS are enforceable against the customer who declares to have read them and to have accepted them by checking the box "I accept the General Conditions of Sale" before the implementation of the online ordering procedure.

2- CUSTOMER

The customer of the site must be a consumer, an adult natural person and legally capable. The customer must, during his first order on the site, open a customer account. For each order, the customer must complete an order form specifying certain mandatory fields so that his order of products can be taken into account by Sage & Rebelle.

The information communicated to OXY Piercing & Tatouage within the framework of the opening of its customer account and during each of its orders must be complete, exact and up-to-date.

Sage & Rebelle reserves the right not to follow up on an order if it does not come from a customer who meets the criteria set out above.

3- PRODUCTS

The essential characteristics of the products are presented on the site within each of the product sheets. If the client has any questions, he can contact Sage & Rebelle by email at: contact@oxypiercing.fr.

4- ORDER PROCESS

To place an order, the following steps must be followed:

• the customer browses the site and adds the product to his basket, specifying the quantity;
• the customer verifies the nature of the products added to the basket;
• to delete an article, the customer must click on “delete” and to change the number of articles, modify the quantity and click on “update”;
• the customer can then finalize his order or choose to continue his purchases;
• to conclude the purchase contract and finalize the order, the customer must complete the order form and indicate the personal data necessary for the order;
• the customer must choose his delivery method;
• the customer must choose his method of payment;
• it is up to the customer to check the details of the order and in particular the total price of his order taking into account the price of the products, the terms and delivery costs, the VAT, the product in particular in terms of quantity;
• the customer must read and accept the T&Cs;
• The customer makes the payment.

The prices of the products are indicated on the site in euros, including VAT, but excluding customs fees and other taxes.
Customs charges and other taxes must be paid by the customer directly to the carrier depending on the country of destination.

It is the customer's responsibility to verify the accuracy of the information he communicates.

Sage & Rebelle reserves the right to refuse, cancel and terminate orders at any time for legitimate and legal reasons.

Sage & Rebelle will also be entitled to refuse any order made by a customer with whom there is a dispute relating to the payment of a previous order as well as any order that does not comply with these GCS.

In these cases, Sage & Rebelle will inform the customer by telephone or by e-mail.

In the event that the products presented on the site are no longer available or on sale at the time of sending your order, Sage & Rebelle must inform you promptly, and in any case, before thirty working days from the following day your order, the possible unavailability of the products ordered. In the event of payment of the price, Sage & Rebelle will reimburse you all the sums advanced for the unavailable products.

The contract is deemed concluded upon receipt by Sage & Rebelle of the order after verification by Sage & Rebelle of the accuracy of the data relating to the order.

After validation of your order, a notice of receipt will be sent by email to the customer, containing a summary of the information of the order (essential characteristics of the product, price, means of payment, right of withdrawal, delivery times and costs).

5- PAYMENT

The site offers payment by credit card. When the order is finalized, Sage & Rebelle confirms the payment by sending the customer a summary email.

The prices displayed on the site are expressed in euros, all taxes included (French VAT and other taxes applicable on the day of the order). Packaging, order processing and shipping costs are indicated before validation of the order.

Sage & Rebelle may modify the prices of the products at any time and without notice, in particular due to changes in the economic, legislative and tax framework. The products are invoiced on the basis of the tariff in force when the customer places an order.

The products remain the full property of SARL OXY until full payment of the price of each order by Sage & Rebelle.

Payment for purchases is made via the secure platform of our partner STRIPE.

For delivery outside the European Union, the customer must pay customs duties or other taxes due when the products are imported into the country of the place of delivery. The related formalities are also the sole responsibility of the customer. The customer is solely responsible for checking the possibilities of importing the products ordered with regard to the rights of the territory of the country of delivery.

6- DELIVERY & RETURNS

The Products are delivered to the delivery address indicated on the order form.

The parcel is delivered according to the shipping method chosen by the customer and is delivered to the recipient by registered mail.

No delivery can be made to a hotel or PO box address.

Sage & Rebelle undertakes to ship all orders placed before noon within two working days. However, during peak periods, Sage & Rebelle reserves the right to extend the shipping time to 72 hours.

What are the delivery times ?

Monday to Friday before 10 a.m.: Parcels leave at 10 a.m. – you must therefore place an order the day before or the same day before 9 a.m. for a same-day departure.

Saturday after 10 a.m., Sunday and public holidays: orders leave Monday morning. From the dispatch of the order, the average delivery times are as follows: 2 to 5 working days in Standard via La Poste for France.

If OXY Piercing & Tatouage fails to be able to deliver on the date indicated or within the time limit indicated when ordering, the customer will have the possibility of obtaining the cancellation of the order under the conditions provided for in article L 216-2. of the Consumer Code, i.e. by registered letter with acknowledgment of receipt, after having ordered Sage & Rebelle to make the delivery within a reasonable time by registered letter with acknowledgment of receipt, without Sage & Rebelle not executed.

If the products ordered do not suit you, you have 15 days to return your order by attaching the completed withdrawal form (at the bottom of the CGV page).

You will need to send your return by post (price of a classic stamp), to the address indicated on this same form.

7- RECEIPT OF PRODUCTS

Upon receipt of the product, the customer must immediately check, in the presence of the carrier, the condition of the packaging and the product delivered.

If, at the time of delivery, the packaging is damaged, torn or opened, the Customer must then check the condition of the products it contains. If these products have been damaged, the customer must imperatively refuse the package and note a reservation on the delivery note: damage, missing item, damaged package, broken item, etc. This verification is deemed to have been carried out when the customer, or a person authorized by him, has signed the delivery note.

The customer must then confirm his reservations to the carrier by registered letter no later than three days, not including public holidays, following that of receipt of the Products and send a copy of this letter to Sage & Rebelle.

Non-compliance with said deadline does not hinder the recourse that the customer may have against Sage & Rebelle to obtain the exchange or reimbursement of the products in the event of damage or anomaly of the product at the time of its delivery. Similarly, the customer always benefits from his right of withdrawal under the conditions of article 9 above.

8- GUARANTEES

For any request relating to commercial and legal guarantees, please contact:

Sage & Rebelle, Customer Service, 38 rue du faubourg de Saverne STRASBOURG (67000) – Telephone 0388222970 (cost of a local call in mainland France, indicative rate from a landline, subject to change depending on the operator) – email: contact@oxypiercing.fr

8.1 Commercial warranty

In addition to the legal guarantees referred to in 8.2 to which we are bound, there is a commercial guarantee which covers manufacturing defects or abnormal wear of the jewellery.
Our customer teams will carry out an expertise of the part after sending photos, then replace it with a gift voucher valid for 6 months on our online store.

For any request for expertise: contact our teams by email at contact@oxypiercing.fr

Article L 217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of a good, a repair covered by the guarantee, any period of immobilization of at least 7 days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.

8.2. Legal guarantees

Unless he is a legal person or a natural person acting for purposes falling within the scope of his commercial, industrial, craft or liberal activity, the customer benefits in any case from the legal guarantees on the basis of which he can act. Sage & Rebelle is thus liable for defects of conformity and hidden defects under the conditions provided for respectively by articles L 217-4 and following of the Consumer Code and 1641 and following of the Civil Code.

Article L 217-4 of the Consumer Code: The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.

Article L 217-5 of the Consumer Code: To comply with the contract, the good must: 1° Be suitable for the use usually expected of a similar good and, where applicable: – correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model; – present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labelling; 2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.

Article L 217-7 of the Consumer Code: The lack of conformity which appears within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked.

Article L 217-9 of the Consumer Code: In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the good. However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer.

Article L 217-10 of the Consumer Code: If the repair and replacement of the goods are impossible, the buyer can return the goods and have the price refunded or keep the goods and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's complaint; 2° Or if this solution cannot be without major inconvenience for him given the nature of the property and the use he is looking for. However, the resolution of the sale cannot be pronounced if the lack of conformity is minor.

Article L 217-11 of the Consumer Code: The application of the provisions of articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not preclude the award of damages.

Article L 217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

Article L 217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.

Article 1641 of the Civil Code: The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have not acquired, or would have given only a lesser price, if he had known them.

Article 1644 of the Civil Code: In the case of articles 1641 and 1643 , the buyer has the choice of returning the item and having the price refunded, or keeping the item and getting part of the price refunded.

Article 1648, paragraph 1, of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.

When acting as a legal guarantee of conformity, the Customer:

• has a period of 2 years from the delivery of the property to act;
• can choose between repairing or replacing the good, subject to the cost conditions provided for in article L 217-9 of the Consumer Code;
• is exempted from providing proof of the existence of the lack of conformity of the goods during the 24 months following the delivery of the goods.

The legal guarantee of conformity applies independently of the commercial guarantee granted by Sage & Rebelle

When acting as a legal guarantee against hidden defects, the customer can choose between rescinding the sale or reducing the sale price in accordance with article 1644 of the Civil Code.

9- CLIENT'S RIGHT OF WITHDRAWAL

In accordance with the provisions of Articles L 221-18 et seq. of the Consumer Code, the customer may at his discretion waive his order without justifying any reason. To do this, he has a right of withdrawal. He can exercise it (or a third party designated by him with the exception of the carrier) within 15 days of receipt of the Product.

Before the expiry of this 15-day period, the Customer must inform Sage & Rebelle of its decision to withdraw either by sending it the withdrawal form at the bottom of the GCS by cutting it out or in your package, after having duly completed it. , or by sending him an email clearly and unambiguously expressing this decision and mentioning the number of his order to: contact@oxypiercing.fr

The Customer must return the Product, at his own expense (unless the product is not compliant or has a manufacturing defect), to Sage & Rebelle, to the address mentioned on the withdrawal form at the latest within 15 days. following the communication of its decision to retract.

Sage & Rebelle strongly advises its Customers to return the products by Colissimo or Letter Max. The Customer also has the option of choosing the carrier of his choice. It is therefore recommended to provide proof of this return, which assumes that the products are returned with parcel tracking, or by any other means giving a certain date.

Sage & Rebelle must reimburse the Customer, at the latest within 15 days from the date on which Sage & Rebelle actually picked up the Product or from the date on which the Customer provided proof of shipment of the Product.

Reimbursement will be made by bank transfer to the card used to pay the initial invoice.

It is not possible to replace or exchange returned products. You will need to place a new order online.

Regarding returns of personalized products: Article L 121-20-2 of the Consumer Code provides that the right of withdrawal cannot be exercised for contracts for the supply of goods made to the consumer's specifications or clearly personalized . However, we undertake to reimburse you for clearly personalized products that do not correspond to your order (defective or non-compliant).

10- EFFECT OF THE CONTRACT

The contract takes effect as soon as it is concluded and cannot be terminated unilaterally by either party, unless the Customer uses his right of withdrawal under the conditions set out in articles L 221-18 et seq. Consumer Code.

11- INTELLECTUAL PROPERTY

The Customer acknowledges that the Sage & Rebelle Products and the distinctive signs (image, photographs and composition of the photographs, concepts, packaging, product names, texts, illustrations, etc.) are the exclusive property of Sage & Rebelle, in particular under the intellectual property, for the entire duration of protection of these rights and for the whole world.

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

The Customer is prohibited from any act of reproduction or use of Product models, packaging, photographs, composition of photographs, concepts, product names, texts, illustrations, trademarks or distinctive signs, business secrets, techniques or know-how. be used by Sage & Rebelle, as well as any act tending to the appropriation of these elements, whether or not they are protected by Sage & Rebelle by a trademark, a drawing and model or a right of author.

Consequently, any reproduction not authorized by Sage & Rebelle will be the subject of an infringement liable to legal proceedings.

12- PROCESSING OF PERSONAL DATA

For more details regarding the collection and processing of your personal data, please refer to our Privacy and Cookies Policy.

13- SETTLEMENT OF DISPUTES

In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, sage & Rebelle adheres to the Service of the e-commerce Mediator of the FEVAD (Federation of e-commerce and distance selling) whose contact details are as follows: 60 Rue La Boétie – 75008 Paris – http://www.mediateurfevad.fr . In the event of a dispute, the Customer must first contact Sage & Rebelle Customer Service by calling 0388222970 or by email at: contact@oxypiercing.fr . In the absence of a solution within 21 days of his request, the Customer may contact the Mediator's Service , which will seek an amicable settlement free of charge. This Commission has exclusive jurisdiction to deal, within the framework of a mediation process, with disputes arising between Sage & Rebelle and the client.

14- APPLICABLE LAW AND COMPETENT JURISDICTION

The T&Cs are subject to French law.

In accordance with consumer law, in the absence of an amicable agreement, all disputes to which the GCS could give rise, concerning its validity, its interpretation, its execution, its termination, their consequences and their consequences will be submitted to the competent court in accordance with the common law rules of jurisdiction.

Withdrawal form (to be cut out)

(Please complete and return this form only if you wish to use your right of withdrawal regarding an order)

To the attention of Sage & Rebelle - Chez OXY Piercing & Tatouage – 38 rue du faubourg de Saverne 67000 STRASBOURG

I hereby notify you of my withdrawal from the contract relating to the sale of the Product below: ………………………………………………………………

Ordered on(*)/received on(*): …………………………………………………………

Client name : ……………………………………………………………………………………………………………………….

Customer's address: ……………………………………………………………………………….………………………

Signature of the Customer (only in the event of notification of this form on paper):

…………………………………………………………………………………………………………………………… ……………………………………..

Date : ……………………………………………………………………………………………………………………………… …………………………………