general terms and conditions of sale
1. about the website www.legramme.com
the site is published by le gramme, a simplified joint stock company registered in the paris trade and companies register under number 789 713 823, whose registered office is located at 249 rue saint-martin 75003 paris (france) and represented by its president, mr erwan le louër (" le gramme »).
the general terms of sale (gts) are applicable for any use of the site and any order made on it. they are communicated to customers when placing an order and are available for users at any time on the site.
users acknowledge having read and understood the terms and hereby agree to be bound by them. the gts shall prevail over all other contractual documents issued by the users.
on its sole discretion, le gramme reserves the right to modify the gts at any time by posting a notice on the site or by sending a notice to users by email. users are responsible for reviewing the modified gts and should ensure that they are familiar with such changes. any consultation of the site or any order subsequent to such a notification of a changes in gts implies the user's acceptance of the new gts.
gts means the general terms of sale detailing the conditions for the use of the site and how to make orders;
customer means any natural person or legal entity who has a valid account or who makes one or more orders on the website with or without an account ;
order means the customer's firm order for the purchase of one or more products available on the website. the creation of an account isn’t necessary to place an order ;
account means a valid user account notably for the execution of orders and access to the history of the orders ;
content refers to the content (text, sound, videos) uploaded onto the site by le gramme and which belong to it;
personal details means any personal data relating to an individual, enabling him to be identified;
products designate jewelry, and more generally, the products offered for sale by le gramme via the site. all products offered for sale on the site are new;
site means le gramme's e-shop, which is accessible at www.legramme.com, and from which users can place an order;
user means any person who is a customer, who may or may not consult the site.
3. registration on the site & placing an order
orders are made on the site.
3.1. creation of, or access to, an account
to place an order, the user can create an account or directly choose the products which will complete his cart.
if he creates an account, the customer will receive an email from le gramme, confirming his registration and reminding him about his id.
if the customer already has an account, he will simply have to identify himself using his password. customers' passwords are strictly personal and confidential. customers should not share passwords with other people. customers are responsible for the loss or theft of their password if it is proved that they have made a mistake. in this case, the customer must inform le gramme immediately.
le gramme reserves the right to change the nature of the personal details that are necessary to create an account or to maintain the validity of an account.
3.2. product selection and adding them to the basket of the customer's account having or not an account
customers may select the products of their choice provided they are available for sale online, along with the quantity desired, subject to approval from le gramme.
the total price before tax and the total price including tax will be posted on the site. the customer may consult shipping costs, delivery delays and product return policy in the "shipping and returns" menu.
to add a product to his cart, the customer must:
- click on the button "choose";
- choose the desired size and any personalization required;
- click on "add to cart".
the customer may terminate the order by making the payment or continuing his purchases from the site.
3.3. payment enabling order to be completed
before finalizing the order and paying, the customer is directed to a web page which enables him to view the details of products selected, which he can change.
before making his payment, the customer must complete details regarding invoicing and shipping and choose shipping arrangements which may result in delivery costs.
customers will be informed of the estimated delivery time of products.
before payment, the client can check his order and must accept the gts.
the payment of the products can be made by any means of payment proposed via the site, in particular by bank card, paypal, apple pay (in france only) and klarna (in the united states of america only).
the order will only be processed by le gramme once payment is made by the customer.
without prejudice to the foregoing, le gramme offers the client, through its partner alma, a simplified joint stock company with a capital of €1,585.71 registered with the nanterre trade and companies register under number 839 100 575, whose registered office is 176 avenue charles de gaulle, 92200 neuilly-sur-seine, registered with the orias under number 18004631, a financing offer in three (3) or four (4) installments at no cost (financing cost €0 - apr 0 %).
to benefit from this financing offer, the following cumulative conditions must be met:
- the order is placed by a private individual, an adult natural person residing in france, belgium, luxembourg, italy, spain, germany, portugal, netherlands, austria ou ireland;
- the financing offer is accepted by Alma;
- the order is between one hundred fourty (140) euros and two thousand five hundred (2,500) euros all taxes inclusive;
- the order is paid by means of a bank card, visa, mastercard and american express issued in the customer's name (excluding prepaid cards, virtual cards, cards without overdraft authorization, cards with systematic authorization, cards issued outside the country accepted by alma), whose expiry date is later than the date of the last payment in three (3) or four (4) installments at no charge;
- a first payment is made on the day of the order. the payment is staggered over a period not exceeding three (3) months (or four (4) months if the payment is in 4 installments free of charge) from the date of purchase, i.e. the next two (or three) monthly instalments.
the customer wishing to benefit from this financing offer must verify that he meets the above-mentioned conditions and if so, choose this first option "payment in 3 installments free of charge" or this second option "payment in 4 installments free of charge" from the payment page of the site.
the client will be redirected to the alma website in order to proceed with the first payment and will be able to consult a summary of his order including the amount of the installments and their date of payment.
in accordance with article l312-4 5° of the french consumer code, the offer of payment in three (3) or four (4) installments free of charge is not subject to the provisions of articles l.312-1 of the same code.
for this three (3) or four (4) times free financing offer, the customer benefits from a fourteen (14) day retraction period, the terms of which are determined by alma in its general terms and conditions of sale or from its site when the customer is returned to it at the time of payment of the order.
3.4. acknowledgment of receipt of order and confirmation of order by le gramme
after placing the order, the customer will receive an acknowledgment of receipt his order by email, which will include the order number. the acknowledgment of receipt does not constitute an acceptance of the order.
once the order is accepted, le gramme will send the customer a confirmation of the order by email.
3.5. product delivery
products will be delivered to the address provided by the customer or at the le gramme showroom, depending on the customer's choice.
4. terms of purchase and customer guarantees
to place an order, if the customer is a physical person, he must be an adult (or failing that, make the order accompanied by his legal representatives) and be legally able to enter into contracts.
if the order is made on behalf of a legal entity, the customer declares and warrants that he is empowered to make the order on its behalf.
the customer warrants that the products will not be delivered, sold and distributed for commercial purposes.
any order made contrary to this article will be null and void.
by validating an order, the customer submits to le gramme an offer to buy the products placed in the basket. le gramme reserves the right to refuse, cancel and cancel orders at any time if circumstances make it legitimate, especially in case of violation of the gtc or attempted fraud.
5. information on products & availability of products offered on the site
the products offered for sale are those listed in the collections accessible on the site and that may be subject to an order, unless they are exceptionally unavailable.
le gramme reserves the right to punctually limit the quantity of products that may be ordered by a customer on a single purchase.
product photographs are for illustrative purposes alone and are not contractual. any order made in violation of this article shall be null and void.
users should consult the description of each product to obtain their essential features. products include different hallmarks used to certify the quality of the metals used by le gramme.
if the product that is ordered is unavailable for exceptional reasons, le gramme will inform the customer as soon as possible and the customer may change his choice or even cancel the order. in all cases, le gramme will offer the customer another product of an equivalent quality and price.
6. prices of products and shipping costs
products shall be invoiced on the basis of the price in force at the time the order is confirmed.
- net and in euros, including tax, based on the rates provided to users for deliveries in mainland france (including corsica) and in all the european union countries, except for the united kingdom, where prices are in pounds sterling.
- dollars, net, excluding taxes and any customs charges, based on rates communicated to users for deliveries to the united states and hong kong.
packaging and shipping costs can be viewed by users on the product pages and will be communicated to the customer before the order is validated.
in no case may the prices appearing on the site when an order is made shall incur le grammes liability for future orders. product prices may be changed at any time by le gramme without prior notice and excluding orders that are being processed.
7. product payment & invoicing
the customer must pay his order in full by credit card via the stripe technical service provider, by paypal or by any other means proposed and accepted by le gramme.
to make the payment, the customer will provide his payment details via the service provider stripe, which is the technical service provider that is responsible for the online processing of payments. transactions made by credit card are secure.
if a payment is refused, the customer must contact the issuer of the payment card responsible for such a refusal.
all invoices are dated on the day that the order is placed. the invoice is sent by email to the customer and a copy will be included in the package containing the products. the customer will have access to all of his invoices from the site for a certain period of time
8. ancillary services offered by le gramme at the time of ordering: personalisation of products and gift wrapping
when an order is made, the customer may choose to customize some products by selecting the "engraving" option, provided that this is proposed by le gramme.
customizing a product by "engraving" is only possible before the order is made and may only concern only products manufactured by le gramme.
the customer is solely responsible for the choice of words which he requests, that are engraved onto the product, considering that only limited number of characters may be etched.
when the customer has requested "engraving" personalization, this option appears in the order's summary.
the customer is informed that "engraving" a product to personalize it may affect the delivery time, which he expressly accepts.
unless there is a compliance failure or manufacturing defect in products, and pursuant to article l.121-21-8 3 of the consumer code, customized products cannot be returned to be exchanged or refunded, which the customer expressly accepts.
on the customers request, le gramme may send product(s) in gift wrapping.
9. dispatch & delivery of the order
products will be delivered to the delivery address given by the customer when ordering. le gramme reserves the right to choose the carrier.
unless otherwise stated on the site, le gramme can ship the products to the following countries: metropolitan france (including corsica), all countries of the european union, switzerland, the united states, hong kong, canada, mexico, chile, china, japan, south korea, taiwan, singapore, thailand, macao, australia, israel, the united arab emirates, south africa, saudi arabia, bahrain, kuwait and qatar.
delivery times are posted on the website: unless otherwise indicated, the delivery times :
- vary between one (1) and three (3) working days (excluding public holidays) after the order is placed, for deliveries in metropolitan France (including Corsica) and in the countries of the European Union;
- vary between two (2) and six (6) working days after order placement, excluding public holidays, for deliveries to the USA and Hong Kong (subject to customs delays);
- are fifteen (15) business days excluding holidays after the order, for customized products delivered in mainland france (including corsica), in the european union countries, in the united states and in hong kong (subject to delay due to customs).
for any order, in mainland france (including corsica) and in one of the european union countries, the delivery costs of products are paid for by le gramme, which reserves the right to change the amount of delivery costs and have the difference in delivery costs paid for by the customer, other than for open orders that have been subject to confirmation by le gramme. delivery is charged at €15 incl. VAT for orders under €200 incl. VAT.
for all orders to the united states and hong kong, delivery costs will be borne by le gramme. delivery charges do not include any customs duties or import taxes which the customer must pay when collecting the parcel.
in the event of deliveries outside mainland france, customs or other local taxes, may be required, which are exclusively borne by the customer and which are under its full responsibility, including the reporting and payment. the customer should check with their local authorities prior to the order.
the delivery will be deemed as complete upon the customer or his chosen recipient's receipt of the order. it is their responsibility to check upon receipt that the products have not been damaged during transportation and to immediately notify le gramme if this is the case.
the customer from now on accept that the proves from delivery men and/or carriers shall be deemed as legally binding and enforceable to give the delivery proof of the orders.
le gramme will be exempt from all or part of its responsibility for any delay or failure to comply with obligations by demonstrating that this failure is either due to the customer, or to the fact, which is unforeseeable and unavoidable, of a third party, or to a case of force majeure, as provided by article l.121-19-4 of the consumer code.
10. right of withdrawal for non-professional customers
in accordance with the legal provisions in force, the non-professional customer benefits from a right of retraction which he/she may exercise without having to justify a reason within a period of fourteen (30) days from receipt of the products, except when they have been personalized at the customer's request.
if the order includes several products, the withdrawal period runs from receipt of the last product.
to exercise the right of withdrawal, the customer must return the withdrawal form reproduced below or a written statement expressing without ambiguity his desire to withdraw to le gramme at the following address: le gramme service rétractation 249, rue saint-martin 75003 paris (france).
products must be returned by the customer within thirteen (30) days from the communication of its decision to withdraw.
upon exercise of the right of withdrawal within the aforementioned period, and in accordance with article l121-20-1 of the consumer code, the amount of the order and any delivery charges will be refunded to the customer.
return costs will be paid:
- for the orders placed and received in mainland france (included corsica) or in one of the european union countries by le gramme, which, after being informed of the exercise of the right of withdrawal, will send the customer information for the return of products, or
- for the orders placed and received in the united states and in hong kong : for the customer who will inform le gramme of the exercise of the right of withdrawal in order for le gramme to give the information allowing the return of products. the customs fees likely to be applied are borne to the customer.
the products must be returned to the following address: le gramme 249, rue saint-martin 75003 paris in perfect condition for resale (not worn, not damaged or soiled), in their original packaging, accompanied by the certificate of authenticity, any accessories (except gift packaging) and a copy of the invoice.
if the return is accepted after verification of the condition of the products, the refund will be made by le gramme or, if applicable, by its partner Alma, by the same means of payment as that used by the customer, at the latest within fourteen (14) days from receipt of the product(s) by le gramme or transmission of the proof of shipment of the product(s).
model withdrawal form to be returned by registered letter with acknowledgment of receipt:
to le gramme 249 rue saint-martin 75003 paris (france) / firstname.lastname@example.org:
I ____________ hereby notify you of my withdrawal from the contract for the sale of the property ____________ below:
ordered on: _______________ / received on ______________
consumer's name: __________________________________
consumer address: _______________________________
date : ____________________________
11. non-compliance of products and hidden defects
in accordance with legal provisions, the products enjoy the legal guarantees of compliance provided for by articles l.211-4 et seq. of the consumer code and hidden defects provided by articles 1641 et seq. of the civil code.
the customer has a period of two (2) years from the delivery of products to act as a legal guarantee of compliance or lack of hidden defects.
products must be returned, in accordance with the returns procedure mentioned in article (10), by writing to email@example.com, in perfect condition for resale (unworn, undamaged, damaged or soiled, apart from the alleged defect), in their original packaging, accompanied by any accessories (except gift packaging) and a copy of the invoice.
if the return is accepted, the customer may request the repair or replacement of the product, or this is not possible, the resolution of the sale or reduction in the sale price for the products that are affected by hidden defects.
the return costs will be borne by le gramme which will send, after having been informed of the exercise of the right of withdrawal, to the customer the information allowing the return of the products. Any return made by another carrier other than those approved by le gramme will not be reimbursed and the company will not be held responsible in the event of loss/theft of the package by this carrier.
12. responsibilities and guarantees
the customer is solely responsible for his account, which in particular will enable him to manage his orders, personal details featuring on it and his password.
the customer is fully responsible for any payment problems. the customer guarantees le gramme that he is fully entitled to pay for any order he makes, which he is committed to honouring in full.
le gramme may not be held responsible for:
- any shortage in stocks that could occur after an order is made;
- the partial or full failure to carry out its obligations, or any delay in the execution thereof, if such a failure or delay was caused by the occurrence of unpredictable, uncontrollable or external events or if this or failure or improper execution is due to users or if it unpredictably and insurmountably due to a third party;
- difficulties related to the internet and difficulties related to accommodation and more generally any technical problem that may occur on the site.
the site may be interrupted for technical reasons without the le gramme's liability being incurred as such.
if le gramme's liability were to be incurred for any reason whatsoever, the maximum amount of damages which le gramme could be ordered to pay may in no way exceed the amount of the order.
For all inquiries, le gramme can be contacted at firstname.lastname@example.org or by telephone on +33 1 40 73 89 91.
14. intellectual property
the site is an intellectual work protected by the intellectual property rights. it is the exclusive property of the company le gramme.
any reproduction or representation of all or part of the site, or any part thereof, on any media whatsoever, for any purpose, including commercial, is expressly prohibited.
le gramme does not control the content, advertising, products or services available on or from sites linked to its site.
products marketed by le gramme are intellectual works that are protected by intellectual property rights. the acquisition of a product does not give the customer the right to transfer or assign intellectual property rights.
15. deletion of account
the customer may request le gramme to delete its account by writing an email to email@example.com.
the account will be deleted two months after the request is received by le gramme and will exclude any ongoing orders.
the customer will have to retrieve the invoices of his orders before his account is deleted.
16. force majeure
neither the customer nor le gramme will be held liable for any default or delay in the execution of the contract which is caused by reasons that are beyond his/its control, such as fires, floods, epidemics, famines, earthquakes, hurricanes and other natural catastrophes, or even the regulations or acts of any authority or a civil or military act of any self-regulatory body, or wars, terrorism, riots, civil unrest, sabotage, theft or other criminal acts carried out by third parties.
17. final stipulations
the non-claim by le gramme of one of the provisions of the gts cannot be deemed or construed as a waiver to its advantage.
if one or more provisions of the gts are declared invalid, the others will maintain their full force and scope. in this case, the parties shall, if possible, replace this cancelled stipulation by a valid provision corresponding to the essence and purpose of the gts.
17.2 the gts are governed by french law. the french version of the gts shall prevail over any other version.
in case of dispute, the non-professional client has the possibility of having recourse to mediation or any other alternative method of solving disputes.
to the extent permitted by the law in force, any dispute regarding the validity, interpretation or execution of the gts will be subject to the exclusive jurisdiction of the tribunal de grande instance de paris including in the event of recourse in warranty or multiple defendants.