Terms of sale
General Terms of Service and Sale (GTCU/GTC)
These General Terms and Conditions of Use and Sale define the rights and obligations of the Seller and the Buyer regarding the sale of one or more products from the brand Eva Bachsen, marketed at the following address: www.evabachsen.com.
Any user or customer of the website www.evabachsen.com can consult these General Terms and Conditions of Use and Sale. Any order placed on the website www.evabachsen.com implies full acceptance of these Terms and Conditions.
These Terms apply between:
- Eva Bachsen, a simplified joint-stock company with capital of €1,000, registered with the Paris Trade and Companies Register under number 951 715 127, whose registered office is located at 9 rue des Colonnes, 75002 PARIS, represented by its President, Mrs. Eva KERSEN (hereinafter the “Company” or the “Seller”), and
- Any individual wishing to browse the website www.evabachsen.com or place an order strictly for personal use. The individual must be at least eighteen (18) years old and have full legal capacity to accept these Terms and Conditions (hereinafter the “Client” or the “Buyer”).
Together, they are referred to as the "Parties" and individually as a "Party."
I – Definitions
- Client or Buyer: Any private individual with legal capacity wishing to purchase one or more items.
- General Terms and Conditions of Use and Sale: Refers to this document.
- Website: Refers to www.evabachsen.com.
- Company or Seller: Refers to Eva Bachsen.
II — Purpose of the Terms and Conditions
These Terms define the rights and obligations of the Parties concerning the online sale of products offered by the Seller under the brand Eva Bachsen Paris, from order to delivery, including payment and use of services provided by the Company.
By placing an order, the Client agrees unconditionally to these Terms.
Failure of the Seller to enforce any clause at a given time does not constitute a waiver of its right to do so later.
The invalidity of any clause does not render the Terms and Conditions null and void. Temporary or permanent non-application of one or more clauses by the Seller does not mean it waives the right to apply them later.
III — Use and Accessibility of the Website
By using the Website or placing an order, the Client agrees to:
- Place only valid orders;
- Not place false or fraudulent orders. The Seller reserves the right to cancel such orders and notify the authorities.
- Provide accurate contact details (email, postal address, etc.).
By placing an order, the Client confirms legal capacity to enter into contracts.
The Seller is not liable for any damages resulting from the unavailability of the Website.
The Seller may, at its sole discretion, suspend access to the Website at any time.
IV — Client Account Creation
When ordering, the Client may create an account by entering their details.
By creating an account, the Client accepts these Terms.
Account registration is validated by the Seller upon verification.
All mandatory fields must be completed.
The Client must ensure their information is accurate and updated.
The Seller is not liable if the delivery fails due to incorrect address details.
V — Products
All products available for sale on www.evabachsen.com are those displayed on the day of consultation and subject to stock availability.
Each product has a detailed description (photo, price, size, key features).
However, product photos and descriptions are non-contractual.
Color or shape discrepancies between product photos and actual products are not the Seller’s responsibility.
The Seller does not guarantee real-time availability.
In case of unavailability, the Seller will notify the Client by email.
Due to handmade production, product weight may slightly differ from the stated value.
VI — Product Availability
All product orders are subject to availability.
If out of stock, the Seller may suggest replacement items of equal or greater value.
If the Client declines, the Seller will refund the amount paid.
VII — Orders
Before confirming an order, the Client may create an account.
Existing account holders must log in with their credentials.
If no account is created, the Client must provide their contact and delivery details (these will not be stored).
Order validation confirms full acceptance of the Terms, the product(s), the price, and applicable fees.
VIII — Prices
Prices are in Euros, including VAT (all taxes included).
Applicable VAT is that in effect in mainland France at the time of the order.
The Seller will cover all costs and taxes (shipping, import duties, customs clearance) regardless of shipping method, except in the case of an express delivery (courier delivery or DHL Express).
Prices are final at the time of order and non-negotiable.
IX — Payment Terms
Upon acceptance of the order, the Client agrees to pay the total amount due.
Otherwise, the order will not be processed.
X — Retention of Ownership Clause
Ownership remains with the Seller until full payment is received. Ownership is transferred once full payment is made.
XI — Delivery and Timing
Products are shipped to the delivery address provided, within eligible delivery zones.
The Seller is not liable for failed delivery due to incorrect information.
Delivery times are indicative and may vary due to unforeseen circumstances.
In case of force majeure (see Article XV), delivery will be postponed until after the event, without compensation.
XII — Liability
All products comply with French regulations.
The Seller’s liability is limited to the purchase value in case of damages.
XIII — Legal Guarantees
XIII.1 — Apparent Defects
The Client must inspect the parcel upon delivery and report any visible damage.
Any delivery anomaly must be written on the delivery slip and signed.
Defective products must be returned in original packaging within one month of the complaint email.
XIII.2 — Non-Conformity and Hidden Defects
Subject to validation by the Seller or manufacturer, the Client has:
- A two-year legal conformity guarantee for repair or replacement, free of charge.
If replacement is not possible within a month or upon request, a refund may be issued. - A two-year hidden defects warranty from the date of discovery.
Products must be returned with their original packaging and invoice.
Applicable legal articles:
L. 217-4, L. 217-5, L. 217-7 to L. 217-12 of the Consumer Code
1644 and 1648 of the Civil Code
XIII.3 Implementation of the warranty
If a piece of jewellery under warranty is found to be defective, the customer may request one of the following:
- That the jewellery be replaced, subject to the availability of an identical product.
- That the jewellery be repaired, depending on the extent of the damage to the product under warranty, the possibility of repair, and the availability of replacement stones.
However, Eva Bachsen may not agree to the customer's choice if it incurs disproportionate costs compared to the other option, taking into account the product's value or the extent of the defect.
The Eva Bachsen warranty does not cover damage caused by accident, misuse, abuse, modification, attempted repair, negligence after purchase, or normal wear and tear.
The Eva Bachsen warranty is valid for one year from the date of purchase.
To benefit from the warranty, the customer must contact Eva Bachsen customer services by following these steps:
Send your request to Eva Bachsen Customer Service by email at contact@evabachen.com.
To ensure that the request is processed quickly and efficiently, customers must provide their contact details, order number and the name of the item in question. They should also provide as much detail as possible about the problem encountered and, where possible, attach a photograph of the defect to the email.
Upon receipt of the request, Eva Bachsen Customer Service will contact the customer as soon as possible to provide guidance on the next steps.
If the customer returns the product under this warranty, they are responsible for returning it by registered post or any other secure means of transport, as Eva Bachsen is not liable for any damage, loss or theft during return transport.
XIV — Right of Withdrawal
In accordance with Article L221-18 of the Consumer Code, non-professional consumers have a 14-day withdrawal right.
They must notify the Seller via email: contact@evabachsen.com.
Custom or modified products (e.g., engraved or resized jewelry) are non-refundable (Art. L221-28).
XV — Force Majeure
The Seller is not liable for non-performance due to force majeure (unforeseeable, irresistible, external event).
Deliveries will resume after the event ends.
If the event lasts more than 4 weeks, either party may terminate the contract by registered mail.
Only amounts paid will be refunded, no additional compensation.
XVI — Personal Data
In accordance with the GDPR, the Seller treats all personal data confidentially, using it solely for order processing and commercial relations.
Under French law (Law 78-17 of January 6, 1978), the Client has rights to access, correct, or object to the use of their data by contacting:
- By post: Eva Bachsen, 9 rue des Colonnes, 75002 Paris
- By email: contact@evabachsen.com
XVII — Cookies and Hyperlinks
Browsing www.evabachsen.com may install cookies on the user’s device to facilitate navigation and measure traffic.
XVIII — Intellectual Property
All texts, images, and product photos on www.evabachsen.com are the exclusive property of Eva Bachsen.
The name, brand, logos, and designs are the sole property of the Company.
Any use of these elements is strictly prohibited without prior written consent.
Personal data collected for orders is stored securely and only for the time necessary.
Buyers may exercise their GDPR rights at any time by contacting contact@evabachsen.com.
Buyers may also unsubscribe from newsletters via the provided link.
XIX — Amendments to the Terms and Conditions
Eva Bachsen may modify these Terms at any time.
The applicable version is the one in force on the Website on the day the order is placed.
Changes do not apply retroactively to already confirmed orders.
XX — Governing Law, Mediation, and Dispute Resolution
These Terms are governed by French law.
In case of dispute, the Parties shall seek an amicable resolution.
If unsuccessful, the Client may contact the consumer mediator free of charge:
Association des Médiateurs Européens (AME CONSO)
- Online: www.mediationconso-ame.com
- By mail: AME CONSO, 197 Boulevard Saint-Germain, 75007 PARIS
Mediation is optional but recommended for resolving disputes.
Finally, it should be noted that mediation is not mandatory but is only offered as a means of resolving disputes without resorting to legal action. If this mediation procedure fails or if the Buyer wishes to take legal action, the rules of the Code of Civil Procedure shall apply.
Any dispute between the Company and a Customer, whether concerning the formation, performance, interpretation, validity, termination or cancellation of these General Terms and Conditions of Use and Sale, shall fall within the jurisdiction of the courts of the Paris Court of Appeal and shall be governed by French law, unless otherwise required by mandatory procedural rules. The rules applicable to consumer law shall apply.
XXI — Supremacy of the French-language Terms and Conditions of Use and Sale
In view of an international clientele, these Terms and Conditions of Use and Sale have been translated into English.
However, in the event of any discrepancy between the French and English versions, the Customer is informed that the French version shall prevail.