Terms & Conditions of sale
Terms & Conditions of Sale
Last updated on [01/02/2022]
Welcome and thank you for your trust. Below are the General Terms and Conditions of Sale that are applicable to the website www.VKNGjewelry.com.
Capitalized terms throughout this document refer to the following:
The "Company" or “VKNG” refers to the company BLGD Entreprise, whose registered office is located at 21 boulevard Kraëmer 13014 Marseille, France, registered in the Trade and Companies Register under number: 85046833100010, and whose intra-community VAT number is FR 37 850468331.
The "Website" means the website(s) accessible from the URL link www.VKNGjewelry.com and all of the websites published by VKNG to present and sell its Products.
The "User" refers to any person browsing the Website.
The "Product" refers to any type of material product sold online on the Website, and in particular jewelry, decoration items and fashion accessories.
The "Order" refers to any purchase of a Product by the Customer from VKNG via the Website.
The "Customer" refers to the natural or legal person, professional or consumer, purchasing a Product from VKNG on the Website.
"Login information" refers to the username and password provided by VKNG to the Customer so that they can access, via the Website, their personal space.
The “Partner” refers to any professional partner with whom VKNG has a business relationship or whom VKNG may call upon in the context of the sale of a Product and to whom the Customer could be directed in connection with his/her Order.
2.1. Object.These T&Cs govern the sale of any Product to a Customer on the Website, which includes the conditions of use of the Website made available by VKNG.
2.2. Capacity.Any use of the Website to place an Order implies acceptance of and compliance with all the terms of these GTC. The Customer declares to be of legal age and capable of entering into a contract under the law of their country or declares to represent, by virtue of a valid mandate, the person for whom they are placing the Order.
2.3. Access to the GTC.The T&Cs are accessible at any time on the Website and prevail, where applicable, over any other version, prior or future. They take effect from the date of update indicated at the top of this document. The T&Cs apply to the exclusion of all other conditions, and in particular those applicable to sales by means of other distribution and marketing channels of the Products.
2.4. Acceptance of the GTC.The Customer declares to have read the GTC and to have accepted them before any Order, which implies unreserved acceptance of these general conditions of sale.
By this acceptance, the Customer acknowledges that, prior to any order, they have received sufficient information and advice from VKNG through the Website, allowing them to ensure that the content of their order meets their needs. These T&Cs constitute all of the rights and obligations of the parties within the framework of the contractual relationship.
Unless proven otherwise, the data recorded by the Website constitutes proof of all the facts, acceptance and transactions.
2.5. Scope of the GTC.The Customer may request a copy of the version of the T&Cs applicable to their Order at any time. No specific condition, at the initiative of the Customer, may be added to and / or substituted for these. VKNG reserves the right to provide for special conditions for the sale of certain Products, special offers, special guarantees, etc. which are provided to the Customer before the Order. The failure in any one or more instances of VKNG to insist upon performance of any of the terms, covenants or conditions of the GTC, to exercise any right or privilege in the GTC conferred shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges,
- CHARACTERISTICS OF THE PRODUCTS
The Customer can refer to the presentation of the Product on the Website, which is summarized on the Order page and in the confirmation email. Photo color may vary due to the computer monitor you are using. The Customer is expressly warned that any Product offer is subject to change. Only the Product described in the Order is due to the Customer.
The Products governed by the GTC are described and presented with the greatest possible accuracy. However, if errors or omissions have occurred in this presentation, VKNG cannot be held liable unless the error or omission affects a substantial element of the Product in question. The Product purchased by the Customer is provided in its version as on the date of purchase.
4.1. Customer over the age of majority.The Customer guarantees VKNG that they are of legal age and that they have the necessary authorizations to use the payment method chosen by them, when validating the Order.
4.2. Order on the Website.After selecting the Product they wish to purchase on the Website, the User is directed to an order page on which they provide their personal details (surname, first name, email, postal address, telephone number) and all the necessary and accurate information and contact details to allow the delivery of the Product and the invoicing of the Order. The User selects the payment methods (single payment or in several installments) according to the possibilities offered by VKNG.
4.3. Verification of information.The Customer is solely responsible for the accuracy of the information provided and guarantees VKNG against any false identity. The Customer cannot hold VKNG liable for any failure resulting from the inaccuracy or falsity of the information provided at the time of the order, which will be used to deliver the Product. The Customer must ensure that they can actually receive the package at the address provided, according to the delivery times indicated during the Order.
In the case of an error of address made by the customer, the Product will be returned to VKNG. If the Customer wants the Product to be shipped again to a different address, the new shipping costs incurred will be borne by the Customer. If the Customer does not wish for the Product to be shipped again to a different address and asks for a refund, the initial shipping costs will not be refunded.
4.5. Payment obligation.Any Order received by VKNG is deemed to be firm and final, and entails full and complete adherence and acceptance of these T&Cs under the conditions set forth herein, and the obligation to pay for any Product ordered.
4.6. Electronic signature.The online supply of the Customer's bank details and the final validation of the Order will constitute proof of the Customer's agreement and will be worth:
- Commitment to pay the sum due under the Order;
- Signature and express acceptance of all transactions carried out.
4.7. Order confirmation.After having read and accepted the GTC by checking the box provided for this purpose, the Customer is directed to an Order summary page, on which they provide their bank details before validating the payment. It is the Customer’s responsibility to check the summary of their Order and to correct it if necessary, before confirming the payment of the Order. This second click definitively confirms the Customer's Order.
4.8. Confirmation email.The Customer receives a confirmation email and a summary of their Order as soon as the payment is validated by VKNG or its payment service provider. The Customer must have a functional electronic mailbox. Otherwise, they will not be able to receive written confirmation of their order at the e-mail address provided.
4.9. Proof of the transaction.The computerized registers, kept in VKNG's computer systems under reasonable security conditions, will be considered as proof of communications, Orders and payments between the parties. The archiving of purchase Orders and invoices is carried out on a reliable and durable medium which can be produced as proof.
5.1. Applicable rates.The Product ordered is sold at the rates displayed on the Website when the Customer's Order is registered by VKNG.
Prices are expressed in your currency depending on your location and take into account any applicable VAT. The reference currency is the US dollar (USD). Any change in the applicable rate of VAT will be automatically reflected in the price of the Products. Unless otherwise stated, the prices indicated on the Website are provided with all taxes included.
When purchasing in a currency other than USD, currency conversion is performed by our partner Flow Commerce Inc., and includes a conversion fee, which covers processing and guarantees of the exchange rate at the time of check out.
We recommend paying for your order in the currency in which your payment method was issued. While you have the choice to pay in a different currency, doing so may cause your bank to charge an additional fee to convert that currency back to your home currency.
In the event of international sales, all customs duties and various taxes payable are the sole responsibility of the Customer (DDU). The Customer is responsible for carrying out any useful verification and for complying with their tax obligations. VKNG cannot be held accountable in this respect and the Customer is solely responsible.
5.2. Sums payable.The validation of the Order renders all the sums due in respect thereof payable. By validating the Order, the Customer authorizes VKNG (or its Partners, payment service providers) to send instructions to their bank to debit the bank account whose bank details have been provided by the Customer, in accordance with any due dates indicated in the Order Summary.
5.3. Payment method.To pay for their Order, the Customer has the choice of all the payment methods made available to them by VKNG and listed on the Website (in particular: payment by credit card (Visa, Mastercard, Maestro, American Express), PayPal, Amazon Pay).
The Customer chooses the method of direct debit with the payment systems and services offered which are secure services provided by third parties subject to specific contractual conditions over which VKNG has no control.
Payment is made by SEPA direct debit or from the bank card information provided, depending on the payment method offered by the payment service provider and the Customer's choice. VKNG reserves the right to use the payment service providers of its choice and to change them at any time.
5.4. Debit authorization.By providing their bank details at the time of the Order, the Customer authorizes VKNG to debit the account for the amount of the price indicated on the Website for the corresponding Product.
5.5. Special offers and coupons.VKNG reserves the right to propose time-limited offers, promotional offers, or price reductions on its Products and to revise its offers and prices on the Website at any time, under the conditions provided for by law. The applicable prices are those in force at the time of the Customer's Order, who cannot rely on other prices, prior or subsequent, to their Order. Discount coupons may be subject to special conditions and are strictly personal to their beneficiary and can be used only once.
5.6. Payment incident - Fraud.VKNG reserves the right to suspend any Order processing and any delivery in the event of transaction failure or in the event of non-payment. VKNG reserves the right to refuse to honor an Order from a Customer who has not fully or partially paid for a previous Order or with whom a payment dispute is pending.
VKNG may contact the Customer to request additional documents to execute the payment of the Order. VKNG may rely on the information provided by the Order analysis system. The supply of the requested documents is necessary for VKNG to confirm the Order. In order to fight against credit card fraud, a visual verification of the means of payment may be carried out by VKNG before delivering the Product. In the event of fraudulent use of a bank card, the Customer is invited, as soon as this use is noted, to contact VKNG, without prejudice to the measures to be taken by the Customer with their bank.
5.7. Default or late payment.The interest and penalties provided for by law apply in the event of default or late payment by the Customer.
The Products are offered for sale and delivered within the limit of available stocks. In the event of unavailability of the Product ordered, VKNG immediately informs the Customer and may offer them a Product of equivalent quality and price or, failing that, reimburse the Order if the Customer wishes. Apart from reimbursement of the price of the unavailable Product, VKNG is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to VKNG.
Right of retention and transfer of risks
VKNG remains the owner of the Products sold until full payment of the price. VKNG undertakes to take all the necessary precautions for the proper conservation of the Products while in VKNG’s ownership. Except in the case where full payment of the price has not been paid at the time of the Order, ownership of the Product is transferred to the Customer upon delivery. Any risk of loss or damage to a Product is transferred to the Customer when the latter or a third party designated by them (for example, a collection point, a concierge, etc.) and any provider other than the carrier offered by VKNG, takes physical possession of it. In any event, when the Customer entrusts the delivery of the goods to a carrier other than the one offered by VKNG, the risk of loss or damage to the Product is transferred to the Customer when it is handed over to the carrier.
Delivery is available worldwide, except for the following countries to which we do not ship our products yet:
Iran, (Islamic Republic Of)
Shipping methods and carrier
When placing your order, The Customer has the choice between: standard shipping and express shipping. Deliveries are made by an independent carrier, to the address provided by the Customer when placing their Order and which the carrier can easily access. When placing the Order, VKNG may offer the Customer different delivery methods. The Customer will then be informed, before finalizing their Order, of the deadlines and prices charged by the carrier.
Standard shipping:Standard shipping is offered for any order of one or several products over USD 70.
- For Products handcrafted in our workshop in Ukraine: standard delivery is made from Ukraine through UkrPoshta which applies its own general conditions of sale, accessible through the following link: https://www.ukrposhta.ua/en/pravyla-nadannia-posluh-poshtovoho-zviazku.
- For all other products: Delivery is made from our warehouse in Marseille (France) through the French Local Post (La Poste - Tracked Delivery) which applies its own general conditions of sale, accessible through the following link: https://laposte.fr/medias/sys_master/apache_synchronised/h70/h5a/11453159931934/CSV-Export-Suivi-V1Janv-2019.pdf
Express shipping:Express shipping is offered for any order of one or several products over USD 200. However, please note that Products handcrafted in our workshop in Ukraine are not eligible for express shipping. If you place an order over USD 200, only products that are not handmade in our workshop in Ukraine will be delivered via free express delivery, other products will be shipped via free standard delivery.
Express shipping is provided worldwide, except for the countries listed in article 2, and is provided by DHL Express which applies its own general conditions of sale, accessible through the following link: https://mydhl.express.dhl/fr/en/legal/terms-and-conditions.html
After your payment is verified, it may take up to 48 hours to process and ship your Order. Orders placed after 9 am PST will be processed on the next business day. The Customer is informed, at the time of their Order that some Products are handcrafted upon request and require a delay of 2 to 7 working days for crafting before shipment.
Unless otherwise stated on the Website at the time of the Order and / or on the Order page and unless the law allows a longer period, VKNG undertakes to deliver any Product within the delivery times shown below, according to the Country the products are shipped to:
Country shipping to
DHL Express Shipping
USA / Canada
Europe (outside France)
Rest of the world
The delivery times indicated in the Order may be longer and vary, taking into account the postal service delivery contingencies and any unforeseeable event external to VKNG or the carrier (e.g. strike).
When the ordered Product is not delivered on or before the date specified on the Order form or provided for in the GTC, the Customer may, after unsuccessfully instructing VKNG to perform its delivery obligation within a reasonable additional time, resolve the contract by registered letter with acknowledgment of receipt or in writing on another durable medium. The contract is considered terminated upon receipt by VKNG of the letter or writing informing it of such termination, unless VKNG has performed its delivery obligation in the meantime. When the contract is terminated under these conditions, VKNG will reimburse the Customer for all sums paid, at the latest within fourteen days following the date on which the contract was terminated.
Unless the law provides otherwise, and unless otherwise provided herein, delivery time overruns may not give rise to damages or indemnities of any kind. VKNG reserves the right to forward the Customer's complaint to the carrier responsible for the delivery, which may, if necessary, request further information from the Customer concerning the delay.
The Products are delivered to the address provided by the Customer when ordering. The Customer may not change the place of delivery after the Order. VKNG may deliver the Product directly to the Customer’s address or to a pick-up point. In the event of an epidemic or any other health risk, the package may be left in front of the building at the place of delivery (contactless delivery). An unexpired identity document may be requested prior to delivery of the Product. Within a period of fifteen days from the notice of availability (notice of passage, notice of availability at a collection point, etc.), the Customer must collect the Product ordered. If the Product is not collected within the time limit and under the conditions provided, the Order will be canceled and the return shipping costs may be charged to the Customer.
6.8. Product Condition.When the Product is delivered to the address indicated by the Customer when ordering, it is the Customer's responsibility to check the condition of the delivered Product in the presence of the delivery person and, in the event of damage or incomplete delivery, to “express reservations” about the delivery and possibly refuse delivery of the Product to the delivery person directly.
7.1. Time limit.The Customer has the right to cancel their Order, without giving any reason, within fourteen calendar days from the day after receipt of the Product by the Customer or any third party authorized for delivery, at the address indicated or at the pick-up point.
In the case of an Order for several Products delivered separately or in the case of an Order of a Product made up of lots or multiple parts, the delivery of which is spread over a defined period, the period shall run from receipt of the last Product, or lot / piece. If the time limit expires on a Saturday, Sunday or a public holiday, it is extended until the end of the last hour of the first following working day.
For any order made on demand (according to the display mentioned on the product page) manufacturing and material loss charges will be deducted from the refund in case of cancellation after 2 days. The amount is established at 30% of the product price.
7.2. Mode of exercise.To exercise the right of withdrawal, the Customer notifies VKNG of their decision to withdraw from the contract by means of an unambiguous declaration by postal mail to the address: VKNG Jewlery – BLGD Entreprise 21 boulevard Kraëmer 13014 Marseille FRANCE or by email to the address: Customerservice@vkngjewelry.com. The Customer can use the model withdrawal form reproduced below, but this is not mandatory. The burden of proof of the exercise of the right of withdrawal sits with the Customer.
7.3. Return of the Product.The Customer must return the Product from which they have withdrawn to VKNG no later than fourteen days after sending their decision to withdraw. This period is deemed to have been met if the goods are returned before the expiry of the fourteen-day period in accordance with the return conditions. The costs of returning the products are at the expense of the Customer. The conditions for returning Products are specified in the article "CONDITIONS FOR RETURNING PRODUCTS" to which the Customer should refer.
7.4. Refund.In the event of exercise by the Customer of their right of withdrawal, VKNG will reimburse the price of the Product no later than fourteen days, starting the day after the day of receipt of the Customer's decision to withdraw. VKNG makes the refund using the same mean of payment as the one used by the Customer for the initial transaction, except if they expressly accept a different method; in any case, this reimbursement will not incur costs for the Customer. VKNG may defer reimbursement until the Product is received, or until the Customer has provided proof of shipment of the Product, the date chosen being the date of the first of these facts.
SAMPLE WITHDRAWAL FORM
Please fill out and return this form only if you wish to withdraw from the contract.
For the attention of: BLGD Entreprise. 21 Boulevard Kraëmer, 13014 Marseille, France (Customerservice@vkngjewelry.com) :
I / we (*) hereby notify you of my / our (*) withdrawal from the contract for the sale of the product (*) below:
Ordered on (*):
Name of consumer (s):
Address of consumer (s):
Signature of consumer (s) (only if this form is notified on paper):
(*) Cross out the unnecessary mention.
MODÈLE DE FORMULAIRE DE RÉTRACTATION
Veuillez compléter et renvoyer le présent formulaire uniquement si vous souhaitez vous rétracter du contrat.
A l'attention de BLGD Entreprise. 21 Boulevard Kraëmer, 13014 Marseille, France (Customerservice@vkngjewelry.com) :
Je/nous (*) vous notifie/notifions (*) par la présente ma/notre (*) rétractation du contrat portant pour la vente du produit (*) ci-dessous :
Commandé le (*) :
Nom du (des) consommateur(s) :
Adresse du (des) consommateur(s) :
Signature du (des) consommateur(s) (uniquement en cas de notification du présent formulaire sur papier) :
(*) Rayez la mention inutile.
PLEASE NOTE, THIS RIGHT OF WITHDRAWAL CANNOT BE EXERCISED UNDER CERTAIN CONDITIONS IN THE EVENT OF:
- Supply of goods made to consumer specifications or clearly personalized;
- Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
8.1. Conditions. It is recalled that the legal guarantees of conformity and guarantee against hidden defects are provided below for the benefit of Customers who are consumers or non-professionals and suppose normal use of the Products according to current practices. These guarantees apply outside of any commercial guarantee. It is advisable to check the product at the time of delivery and in the event that the delivered Product is non-compliant (product error, defective, damaged or incomplete product), to issue written reserves no later than three (3) days following this delivery, without prejudice to the withdrawal period of fourteen (14) days. In the event of a lack of conformity or a hidden defect found, the Customer returns the defective Product to VKNG. In all cases, the legal deadlines will apply.
8.2. Guarantee of conformity. The guarantee of conformity is a legal guarantee that applies outside of any commercial commitment. The Customer has a period of two years from the delivery of the Product to act in application of the legal guarantee of conformity. In this case, the Customer chooses between repair or replacement of the defective product. However, if this choice entails a manifestly disproportionate cost compared to the other possible option, taking into account the value of the product or the importance of the defect, the Customer's choice may be set aside.
8.3. Guarantee against hidden defects. The guarantee against hidden defects is a legal guarantee that applies outside of any commercial commitment. The Customer may decide to invoke the guarantee against hidden defects of the product sold within the meaning of Article 1641 of the French Civil Code. In this case, the Customer may request the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code. In all cases, the product in question will be subject to analysis directly by the manufacturer, whether it is VKNG or a third party.
8.4. Legal provisions. By accepting the GTC, the Customer certifies having read the following legal provisions:
Article L. 217-4 of the French Consumer Code: “The seller delivers products in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. They are also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to them by the contract or has been carried out under their responsibility. "
Article L. 217-5 of the French Consumer Code “The product is in compliance with the contract:
1st: If it is suitable for the use usually expected of a similar product and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model;
- if it has 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 labeling;
2nd: Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L. 217-12 of the French Consumer Code: “Action resulting from lack of conformity is limited to two years after delivery of the product. "
Article L. 217-16 of the French Consumer Code: "When the buyer asks the seller, during the course of the commercial guarantee granted to them during the acquisition or repair of a physical product, for a repair covered by the guarantee, any downtime of at least seven days is added to the duration of the guarantee that remained to run.
This period runs from the buyer's request for intervention or from the time the product in question is made available for repair, if this availability is subsequent to the request for intervention.”
Article 1641 of the French Civil Code: "The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects."
Article 1648 of the French Civil Code: “An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the vice.
In the case provided for in Article 1642-1, the buyer must bring the action, under pain of being barred, within the year which follows the date on which the seller can be discharged from apparent vices or wants of conformity."
8.5. 30-day commercial warranty. The commercial warranty means any contractual commitment of a professional towards the consumer with a view to the reimbursement of the purchase price, the replacement or the repair of the Product, in addition to its legal obligations to guarantee the conformity of the products.
VKNG offers the Customer the option of returning the Product ordered on the Website within thirty (30) days of its receipt and to request an exchange or a refund. If the product chosen for exchange is of a lower value than the exchanged product, the Customer will not be able to request a refund of the price difference. If, on the other hand, the product chosen is of a higher value than the exchanged product, the Customer will be responsible for paying the price difference between the two products.
Without prejudice to the other cases provided for by the GTC, products on sale or discounted or products that have been unsealed and cannot be put back on sale for hygiene reasons (earrings, viking beads…) may not be exchanged or refunded under the commercial warranty.
The consumer is responsible for choosing a method of delivery that provides satisfactory security and tracking guarantees. In any case, the customer bears all risk of loss and damage of the product and VKNG cannot be held liable in this respect.
The request for the exercise of the commercial guarantee must be sent before the end of the 30-day period following receipt of the product by the Customer by writing to the postal address: BLGD Enterprise, 21 boulevard Kraëmer 13014 Marseille, FRANCE or by email to: Customerservice@vkngjewelry.com. VKNG reserves the right to refuse any request after the deadline.
The products shall be returned to the following address: BLGD Entreprise / VKNG, 21 Boulevard Kraëmer 13014 Marseille, France. Any Product returned to a different address cannot be exchanged or refunded. The Customer will be asked to enclose in the return package a copy of the Order confirmation letter or a handwritten document mentioning the Order number and the price paid for the Order, as well as the withdrawal form or any other unambiguous statement regarding the exercise of the right of withdrawal, a legal or commercial warranty, justifying the return of the Product.
The Customer may return the Product in its original packaging, or in any other packaging, provided that they take all precautions to ensure that the Product is packaged and protected as well as it may be in its original packaging so that it does not suffer any damage during transportation. Unless the law provides otherwise, any Product returned incomplete or deteriorated during shipping or showing signs of wear or odors may not be exchanged or refunded to the Customer.
In the event of a return that does not comply with the legal and / or commercial conditions provided for, no exchange will be possible and no refund will be issued and the Customer will remain the owner of the returned Product, which they can collect directly from VKNG, or which will be returned at their expense within a maximum of one month, following the notification of the refusal of refund by VKNG.
In case of exercise of the right of withdrawal, the commercial warranty or a legal guarantee, the Customer will be able to choose between the refund of the Product or an exchange.
In case of refund request:
The Customer pays in advance all shipping charges for returning the Product. Upon receipt of the Product, VKNG proceeds with the full refund of the price of the returned Product including the initial shipping costs and shipping charges for returning the Product paid by the Customer. VKNG issues the refund using the same mean of payment as the one used by the Customer for the initial transaction, except if they expressly accept a different method. Please be aware that payments can take up to 7 working days to be processed depending on your bank or payment provider. After the refund has been issued, it will take up to 3 business days for the funds to be returned to your credit card or PayPal account.
When the product is returned by exercising the right of withdrawal or a commercial guarantee, VKNG will reimburse the shipping charges for returning the product up to USD 15.00.
In case of exchange request
The Customer pays in advance all shipping charges for returning the Product. Upon receipt of the Product, VKNG provides the Customer with a voucher for the value of the price of the returned Product including the initial shipping costs. This voucher will be deducted from the price of the order for the new Product chosen by the Customer. Standard shipping charges for this new product will not be charged to the Customer for an order placed for an exchange. The new Product will be shipped using standard Shipping, under the conditions provided for in the “Orders” section of the present Terms and Conditions.
10.1. Access to the Website. The Website is accessible free of charge to anyone with Internet access. All costs relating to access to the Website, whether hardware, software or Internet access costs, are the sole responsibility of the User. VKNG cannot be held liable for any material damage related to the use of the Website. In addition, the User agrees to access the Website using recent and virus-free equipment, and with an updated latest generation browser. The User is solely responsible for the proper functioning of their computer equipment as well as their access to the Internet.
10.2. Maintenance. The Website may be the subject of maintenance operations. To this end, VKNG reserves the right to interrupt, temporarily suspend or modify without notice access to all or part of the Website in order to ensure its maintenance (in particular by means of updates) without the interruption giving rise to any obligation or compensation.
10.3. Contractual liability.VKNG uses all reasonable means at its disposal to ensure continuous and quality access to the Website, but is under no obligation to do so. In particular, VKNG cannot be held responsible for any malfunction of the network or servers or any other event beyond its reasonable control, which would prevent access to the Website.
10.4. Registration on the Website. VKNG may provide for a Website registration procedure to gain access to a User area. This may include login information allowing any User registered on the Website to access their account and Order information. Any login information provided by VKNG to the User is strictly personal, individual, confidential, and non-transferable. The User will be liable for any unauthorized, fraudulent, or abusive use of their login information. The User is invited to contact VKNG if they have not received or if they have misplaced the information allowing them to connect to their user area so that it can be sent back to them.
10.5. Loss of login information. The User will inform VKNG without delay of the loss or theft of their login information. In the event of a proven violation of the conditions of access to the Website, VKNG reserves the right to suspend access to the Website, without compensation, notice or prior information. The subsequent provision of the login information will release VKNG from any liability vis-à-vis the User, who cannot hold it liable for the unavailability of the Website.
- PROTECTION OF PERSONAL DATA
VKNG respects the privacy of its Users and Customers. It ensures that the collection and automated processing of Users and Consumers’ data - which is intended to: provide access to and improve the Website, allow commercial prospecting, management of Orders, contracts and the delivery of Products - carried out by VKNG comply with the general data protection regulations (GDPR) and the French “Loi informatique et libertés” in their latest versions.
The information requested in the forms available on the Website marked with an asterisk are mandatory and necessary for the processing of requests and Orders and failure to fill out a mandatory field will make it impossible for VKNG to process Users' requests and Customers’ Orders.
The personal data of natural persons will not be kept longer than strictly necessary for the purposes for which the personal data is processed. Certain data allowing to establish proof of a right or a contract may be the subject of an intermediate archiving policy for a period corresponding to the limitation periods and foreclosure of legal or administrative actions that may arise.
All Users are informed and accept that the Website may include technical features which allow to monitor its use (account of the logged-in User, IP address, type of application used, various logs for connection and use of the User account, etc.) and may be used in the context of the fight against counterfeiting, and / or to identify and / or prevent possible illicit or non-compliant use of the Website.
In accordance with the GDPR, any person concerned by the data processing carried out by VKNG has, under the applicable conditions, a right of access, rectification, restriction of processing, objection to the processing, data portability, and erasure of their data as well as a right not to be the subject of automated individual decision-making including profiling. If applicable, the data subject also has the right to withdraw their consent at any time.
Any exercise request can be sent by email to: Customerservice@vkngjewelry.com. Anyone affected by the processing of data has the right to file a complaint before the Commission Nationale Informatique et Libertés (CNIL) or any other supervisory authority on which they depend.
- PARTNER WEBSITES – HYPERTEXT LINKS
The User can access, through the hypertext links on the Website, the websites of Partners or third parties, which are not subject to these GTC. The User is therefore invited to read the general conditions of use as well as the Privacy policies or any other legal information applicable to these third-party websites.
The User is informed that the Website may require access to other websites, designed and managed by third parties. No control over the content of said websites is exercised by VKNG, which declines all responsibility for their content and the use made by any third party of the information contained therein. This clause applies to all content from Partners.
If a third-party website directs its users to the Website, VKNG reserves the right to request the removal of the hypertext link directing to the Website if it considers that this link does not comply with its rights and legitimate interests.
- CASES OF FORCE MAJEURE OR FORTUITUS EVENTS
The performance of VKNG's obligations hereunder is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent their performance. This suspension may concern all or part of the Order. In this case, VKNG will notify the Customer of the occurrence of such an event as soon as possible and of the estimated duration of the suspension. Only a definitive impediment can give rise to restitution. If the permanent prevention is partial, only partial restitution will be granted.
Under the conditions provided for by law, Customers expressly agree that they may not invoke a case of force majeure to postpone payment (of an invoice for example) for a Product or to refuse delivery of an Order placed.
Events considered as force majeure or a fortuitous event, in addition to those usually recognized by case law, include, but are not limited to: strikes or social conflicts internal or external to VKNG, natural disasters, fires, interruption of telecommunications, epidemics and pandemics, interruption of energy supply, interruption of communications or transport of any type, or any other circumstance beyond the reasonable control of VKNG.
VKNG can in no way be held liable for difficulties encountered by the User or the Customer in accessing the Website due to a technical or software failure or any other cause unrelated to it. The Customer acknowledges being informed of the technical hazards inherent to the Internet and the mobile network and of the malfunctions that may result therefrom. Consequently, VKNG cannot be held liable for any unavailability, slowdown, or failures of the Internet network or of any IT solutions, except in the event of proven negligence on its part.
VKNG or its Partners own all intellectual property rights relating to the Website and the Products. Intellectual property rights relate in particular but not exclusively to all content, texts, images, videos, graphics, logos, icons, sounds, software appearing on the Website and / or the Products.
Access to the Website and / or the purchase of a Product does not confer any right to the User or the Customer on the intellectual property rights relating to the Website and the Products. The User may not, under any circumstances, reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever, by any means whatsoever, or exploit in any manner whatsoever, all or part of the Website or the Products in violation of the rights of the holders of intellectual property rights over them.
Any unauthorized use of all or part of the Site or the Products may be subject to any appropriate action, including termination of access to the Site or an infringement action.
All the distinctive signs used by VKNG are protected by law and any unauthorized use may give rise to prosecution.
Failure to respect the intellectual property of VKNG or its Partners will be analyzed as serious misconduct by the User or the Customer prejudicial to VKNG, which reserves the right, in this case, to claim any damages.
- CUSTOMER REFERENCES AND COMMUNICATION
15.1. Customer reference. The Customer may be requested by VKNG to be cited as the buyer of a Product. With the Customer’s agreement, VKNG may be authorized to mention the name of the Customer, the review that they have given to VKNG or to the Product as well as an objective description of the Product that has been sold to them in its reference pages and proposals for the attention of its prospects and customers, particularly on the Website, for promotional and advertising purposes, during interviews with third parties, communications to its staff, internal management documents, as well as in the event of legal, regulatory or accounting provisions requiring it.
15.2. Content use agreement. When the Customer sends writings, videos and / or photographs to VKNG to give a review on the Product provided by VKNG, and, where applicable, makes comments or publications concerning VKNG to which their username and profile photo are attached (for example, on social media), then the Customer authorizes VKNG to use this content for the promotion of its commercial activities. The content is likely to be protected by image rights and / or copyright, and in this case, the Customer grants VKNG the possibility of adapting them (in any form) and reproducing them on all media, in particular by presenting them as a commercial reference and / or as a review. For example, VKNG may take screenshots of publications on social media concerning it or the Product delivered to the Customer, and reproduce them on the Website as a review.
The Customer acknowledges that their rights are satisfied and may not seek any payment for the exploitation of the rights referred to in this paragraph. These rights are granted for the life of the Customer concerned, increased by a period of 70 years, and for the whole world. VKNG reserves the right to submit to the Customer any other request for authorization and transfer of rights, for all cases not provided for herein or on an ad hoc basis.
15.3. Events. The provisions of the previous paragraph apply in the same way with regard to videos and photographs taken during any type of event (public, reserved for Customers, etc.) organized or co-organized by VKNG. The recordings may be published by VKNG, including on social media. If the Customer does not wish to appear in a publication, they will stand at the back of the room, refrain from participating in group photos and refrain from making a sign to the photographer / cameraman.
VKNG reserves the right to modify the terms, conditions and mentions of the GTC at any time and without notice in order to adapt them to changes to the Website or to its offers. The applicable terms and conditions are those accepted by the Customer and sent to them in the event of an online sale by any means of communication on a durable medium.
The modifications to the GTC made by VKNG will not apply to the orders already placed, except for the clauses related to the technical evolution of the Website, as long as these modifications do not involve a price raise or an alteration of the quality, or the characteristics having conditioned the commitment of the Customer.
The Customer may also be invited to accept the modified GTCs, failing which the last GTC accepted shall continue to apply until the Product is actually delivered. If VKNG is unable to continue the execution of the Contrat under the previous conditions, the Customer has the right to request the termination of the Contract and the refund of their Order.
17.1. Responsibility of Users and Customers
The User and the Customer are solely responsible for the interpretations they make of the information provided on the Products, the advice they deduce or which has been provided to them and the adaptations made for their own activities. The use of information is the sole responsibility of the Customer and at their own risk, which the Customer expressly accepts.
When the Product is delivered with an instruction manual or a user guide, including by reference to a URL link, the Customer agrees to read them and use the Product in accordance with the recommendations provided.
In the exchange spaces, the Customer assumes, as Publisher, the responsibility for the communication to the public of information and the editorial responsibility for all his communication, physical and online and in particular but not exclusively for their Website(s), blogs, pages and accounts on social networks. The Customer is solely responsible for the quality, legality and relevance of the data and content that they transmit to the public.
17.2. Limitation of liability towards professional Customers
Regardless of the type of Product ordered by the Professional Customer, VKNG's liability is expressly limited to compensation for direct damage proven by the Professional Customer. Under no circumstances can VKNG be held liable for indirect damage such as loss of data, file(s), operating loss, commercial damage, loss of profit, damage to image and the reputation of the Professional Customer.
Likewise, VKNG cannot be held liable for direct or indirect damage caused to the User's equipment, when accessing the Website, and resulting either from the use of equipment that does not meet the conditions provided for, or from a bug or an incompatibility.
IN ANY CASE, THE LIABILITY OF VKNG TOWARDS PROFESSIONALS IS LIMITED TO THE AMOUNT OF THE PRICE PAID EXCLUDING TAX BY THE CUSTOMER IN EXCHANGE FOR THE SUPPLY OF THE PRODUCT IN THE CONTEXT OF WHICH THE DISPUTE ARISES. THIS AMOUNT IS INTENDED AS THE MAXIMUM THAT VKNG COULD BE REQUIRED TO PAY FOR COMPENSATION (DAMAGES AND INTEREST) AND PENALTIES, REGARDLESS OF THE ALLEGED DAMAGES AND THE LEGAL BASIS SELECTED UNLESS REGULATION OR CASE LAW OPPOSES IT.
The GTC and all purchase and sale transactions referred to therein are governed by French law. The GTC and the Website are provided in English. In the event that they are translated into one or more languages, only the English version will prevail in the event of a dispute.
In the event that any provision of the GTC is found to be invalid, unenforceable, unenforceable or of no effect, such provision shall not invalidate the GTC and the validity of the remaining provisions shall not be affected thereby.
The fact that VKNG delays in exercising any of its rights under the GTC or the Contract, or fails to exercise such rights, shall not be construed as a waiver of such exercise.
The Customer accepts that VKNG may assign this contract to its affiliates or to a purchaser without its prior consent.
The Customer agrees that the Company may transfer the Contract to its affiliates or to a third party without the Customer’s prior consent, provided that such transfer does not diminish the rights of the consumer Customer.
19.1. Amicable resolution.In the event of a dispute, the Customer will first contact VKNG to try to find an amicable solution.
In the event of difficulty in the execution of the contract, the Consumer Customer residing in Europe has the possibility, before any legal action, to seek assistance from the following consumer mediator : FEVAD, by submitting a written request to the following email address: firstname.lastname@example.org, or to the following postal address:
Médiateur du e-commerce de la FEVAD
60 rue la Boétie
The mediator will attempt, with complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution. The parties remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator. In this context, any European consumer can access the Online Dispute Resolution Platform (ODR) accessible from the following URL address: https://ec.europa.eu/consumers/odr/main/index.cfm.
19.3. Dispute between professionals.
IN THE EVENT OF A DISPUTE BETWEEN A PROFESSIONAL CUSTOMER AND VKNG CONCERNING THE ORDER, INTERPRETATION, EXECUTION AND / OR TERMINATION OF THE CONTRACT, EXCLUSIVE JURISDICTION IS ATTRIBUTED TO THE COURTS IN THE JURISDICTION OF THE CITY OF MARSEILLE, FRANCE, NOTWITHSTANDING PLURALITY OF DEFENDANTS OR CALL IN GUARANTEE, EVEN FOR EMERGENCY PROCEEDINGS OR CONSERVATORY PROCEEDINGS.