TERMS & CONDITIONS
Your Acceptance of this Terms and Conditions
This Terms and Conditions contains information regarding your rights and obligations, as well as conditions, limitations, and exclusions that apply to your access and use of www.lareflexionparis.com.
BY ACCESSING AND USING THIS WEBSITE, YOU:
(A) ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THIS TERMS AND CONDITIONS;
(B) YOU REPRESENT AND WARRANT THAT YOU ARE THE LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH US; AND,
(C) YOU AGREE IF YOU ACCESS THE WEBSITE FROM A JURISDICTION WHERE IT IS NOT PERMITTED, YOU DO SO AT YOUR OWN RISK.
If you disagree with any part of the terms and conditions then you may not access the Service.
Introduction
The following terms and conditions (hereafter referred to as “Terms and Conditions”) only govern the contractual relationship between the User (hereafter referred to as You) and the trader La Réflexion (hereafter referred to as “Company”, “Us” and “We”) belonging to the micro-entrepreneur Toshitaro Tsuchihashi, registered with the Paris Trade and Companies Register under the number 850010604, intra-community VAT number is FR 85850010604, whose headquarters is situated at 61 rue de Lyon 75012 Paris, for the purchase of the products (hereinafter the “Products”) offered for sale by La Réflexion.
The technical hosting of the site is provided by OVH SAS.
Adresse : 2 rue Kellerman, 59100 Roubaix, France.
Interpretation and Definitions
– Interpretation
The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
– Definitions
For the purposes of these Terms and Conditions:
“Account” means a unique account created for You to access our Service or parts of our Service.
“Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
“Website” refers to La Réflexion, accessible from www.lareflexionparis.com
“Orders” means a request by You to purchase Products from Us.
“Service” refers to the Website.
“You” means the individual accessing or making one or more orders on the website with or without an account, or the company, or other legal entity on behalf of which such individual is accessing or making one or more orders on the website with or without an account, as applicable.
Updates to this Terms and Conditions or the Website
We may revise this Terms and Conditions and the Website and its content at any time without notice and all such revisions are effective immediately upon posting and apply to all access to and continued use of the Website. By continuing to use this Website you are agreeing to be bound by the current version of this Agreement. The latest update of the Terms and Conditions of La Réflexion was made in January, 2023.
Your Responsibilities
You are required to ensure that all persons who access the Website are aware of this Terms and Conditions and comply with it. The Website, including content or areas of the Website, may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.
Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorised access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorised access.
Prohibited Activities
You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation:
(a) accessing content and data that is not intended for you;
(b) attempting to breach or breaching the security and/or authentication measures which are not authorised;
(c) restricting, disrupting or disabling service to users, hosts, servers, or networks;
(d) illicitly reproducing TCP/IP packet headers;
(e) disrupting network services and otherwise disrupting our ability to monitor the Website;
(f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
(g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
(h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and
(i) otherwise attempting to interfere with the proper working of the Website.
Placing Orders for Products
By placing an Order for Products through the Service, You warrant that You are legally capable of entering into binding contracts.
Each purchase is subject to this Terms and Conditions in the version applicable at the date of submitting the Order. Please inform yourself about the applying version of Terms and Conditions before submitting your order.
Your Information
If You wish to place an Order for Products available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that:
(i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
Order Cancellation
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
Products availability
Errors in the description or prices for Products
Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorised or illegal transaction is suspected.
Your Order Cancellation Rights
Some Products you purchase can only be returned or refunded in accordance with these Terms and Conditions.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Products on the Service. The Products available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Products on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Prices Policy
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices, which are non-negotiable, displayed on the Site are indicated in Euros. Prices are excluding of taxes, excluding delivery costs for France and Europe. (VAT not applicable, art. 293 B of the General Tax Code.)
The prices, which are non-negotiable, displayed on the Site are indicated in Euros. Prices are excluding taxes, excluding delivery costs for the rest of the world.
For customers residing outside the territory of the European Union and in the Dom-Tom, the prices must be understood as “delivered duty unpaid” (or DDU “Delivery Duty Unpaid”), we are unable to communicate to customers exact information on the total amount of the costs relating to the rights and formalities of customs, import taxes applicable in the country where delivery is requested.The payment of these costs, which may be necessary for the entry of the products ordered into the delivery territory, is the sole responsibility of the customers.The refusal of payment by the customer of customs fees leads to the cancellation of the order and its reimbursement. Any transport and customs clearance costs paid by the Company to recall the order will be deducted from the amount refunded.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
Payments
Payment can be made through various payment methods we have available, such as Visa, MasterCard, Maestro, VPay, American Express cards or online payment methods such as PayPal.
Payment cards (credit cards or debit cards) are subject to validation checks and authorisation by Your card issuer. If we do not receive the required authorisation, We will not be liable for any delay or non-delivery of Your Order.
Delivery
Unless otherwise agreed in writing, delivery of the Products shall take place at the address specified by You on the date specified by the Company. You shall make all arrangements necessary to take delivery of the Products whenever they are tendered for delivery.
Delivery cannot be made to hotels or PO boxes.
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 the event of delivery requested outside the European Union, we may agree to deliver the products, but you must bear all possible customs duties, taxes and other official charges as well as the costs of carrying out the customs formalities required as a result of the importation of the products into the country where delivery is requested.
The date of delivery specified by the Company is an estimate only. Time for delivery shall not be of the essence of the contract.
Outside the territory of the European Union, it is reminded that the delivery may be delayed until the formalities and customs fees have not been paid by the customer, which he accepts. The refusal of payment by the customer of customs fees leads to the cancellation of the order and its reimbursement. Any transport and customs clearance costs paid by the Company to recall the order will be deducted from the amount refunded.
If the Company is unable to deliver Products for reasons beyond its control, then You shall be entitled to place the Products in storage until such times as delivery may be effected and the You shall be liable for any expense associated with such storage.
You shall be entitled to replacement Products where the Products have been damaged during transportation. You must notify the Company of the damage within 24 hours of delivery.
Import Duties and Taxes
All packagings are shipped from France to the country of destination that you select.
All international orders shipped to countries outside the EU are shipped on a DDU (delivery duties unpaid) basis and may be subject to customs duties, taxes and other official charges as well as the costs of carrying out the customs formalities.
You will be contacted by the delivery company or the local customs office if fees are applicable to your order. We accept no responsibility for these fees. Hence, they will need to be paid by yourself prior to the delivery of your order.
Returns
The following conditions must be respected if you wish to return your piece:
You have 14 calendar days to return an item from the date you received it. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are nonrefundable.
The product must have been bought on lareflexionparis.com website.If you purchased a product from another retailer, please contact the retailer and consult their applicable policies. We are not responsible for items purchased from other retailers.
The product must not have been personalised and/or engraved.
Your item must be unused, washed, soiled or damaged and in the same condition with the original packaging that you received it.
You will lose your right to return If there is evidence that the item have been used and that decreases the value of the product. If the item arrives at us broken, the right of return waives.
Any earrings cannot be returned due to health protection and hygiene reasons if you open the vacuum-sealed package.
It has be noted that we will not refund VAT and customs for orders shipped to customers outside the EU, even if the customer missed to receive the delivery or the deliveries are refused by the customer.
If you refuse delivery, the shipping cost will be deducted from the refund.
The loss or damage of the items during the return shipping is under your responsibility. If you are shipping from outside the EU, please remember to return the item as a “return” on the carrier’s form with necessary documents. If French customs applies an import tax on your returned item, this will be deducted from the refund amount. For more information, please contact the carrier that you will be using.
Refund will not be made before we receive the item and control the piece.
Earrings cannot be returned due to health protection and hygiene reasons if you open the vacuum-sealed package.
You’ll receive your refund within 14 days after we verify the items.
In order to organise the return of your item and the refund, please contact us first via “CONTACT US”page.
Warranty
Where the Products have been manufactured by the Company and are found to be defective, the Company shall repair, or in its sole discretion, replace defective Products free of charge within 14 days from the date of delivery, subject to the following conditions:
You notifying the Company in writing immediately within 24 hours of delivery;
the defect being due to the faulty design, materials or workmanship of the Company.
Any Products to be repaired or replaced shall be returned to the Company at Your expense, if so requested by the Company.
Ownership of the Website and Content
You understand and agree that the Website and any and all of its entire contents (including without limitation all text, graphics, interfaces, images, video, sounds, music, artwork, designs, computer code, data, and other elements available on or through the Website, and the design, structure, selection, arrangement, and look and feel of those items, and the Website as a whole), features, and functionality are owned by us, our licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. Your use of the Website does not transfer to you any right, title or interest in, to or associated with the Website or its content.
Your Limited Rights to Access and Use the Website
The viewing or downloading of any content, grants you only a limited, non-exclusive, revocable, non-transferable licence for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
Our Rights
We have the right, without provision of notice to:
(A) take appropriate legal action, including, without limitation, referral to or cooperation with law enforcement or regulatory authorities, or notifying the harmed party of any illegal or unauthorised use of the Website;
(B) terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of this Terms and Conditions;
YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY.
YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR BY LAW ENFORCEMENT AUTHORITIES.
Third-Party Links and Content
For your convenience, this Website may provide links or pointers to third-party sites or third-party content. We make no representations about any other websites or third-party content that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the third-party content or any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
Disclaimers
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY GOODS, DIGITAL PRODUCTS, SERVICES, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY GOODS, SERVICES, DIGITAL PRODUCTS, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY OR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE NO WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS OR THAT ANY GOODS, SERVICES, DIGITAL PRODUCTS, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE CODE.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
How We Limit Our Liability to You
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS,
LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE) BREACH OF CONTRACT BREACH OF PRIVACY OR OTHERWISE(INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH THIS TERMS AND CONDITIONS, YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, GOODS, DIGITAL PRODUCTS, SERVICES, INFORMATION, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF COMPANY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of this Terms and Conditions or your use of the Website including, but not limited to, third-party sites and content, any use of the Website’s content and services other than as expressly authorised in this Terms and Conditions.
Privacy Policy
Your provision of personal information through the Website is governed by our privacy policy located at https://www.lareflexionparis.com/privacy-policy (the “Privacy Policy”).
Governing Law
The Website and this Terms and Conditions will be governed by and construed in accordance with the laws of France and any applicable federal laws applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule and notwithstanding your domicile, residence, or physical location.
Any action or proceeding arising out of or relating to this Website and/or under this Terms and Conditions will be instituted in the courts of France, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not govern this Terms and Conditions or the rights and obligations of the parties under this Terms and Conditions.
Severability and Waive
Severability
If any provision of these Terms and Conditions is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms and Conditions shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Other Matters
The headings in this Terms and Conditions are for reference only and shall not affect the interpretation of this Terms and Conditions.
This Terms and Conditions constitutes the entire agreement between you and Company with respect to your access and use of the Website, its content and supersedes all prior and contemporaneous agreements between you and Company.
Failure of Company to enforce any provision of this Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Should any part of this Terms and Conditions be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
We may provide any notice to you under this Terms and Conditions by: (i) sending a message to the email address you provide to us and consent to us using; or (ii) by posting to the Website Notices sent address you provide to us and consent to us using; or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
The original language of the Terms and Conditions is French.
Should these Terms and Conditions be translated in another language, in case of discrepancies between the French text and any other language, the former shall prevail.
Should you become aware of misuse of the website including libellous or defamatory conduct, you must report it to the Company. All reports of misuse and other communications relating to the Website should be reported via “CONTACT US” page.
