Conditions for the distance selling of Motché Paris-Lima jewelry
Article 1: Scope of application
These general conditions of sale govern the rights and obligations of the purchaser with regard to the products sold from the commercial platform accessed via the website motche.com, within the framework of the distance selling system.
The contract arising from the placing of an order, in accordance with the conditions established in these general terms and conditions for sale, abide by the regulations governing distance sales, under the provisions of the Consumer Code, as well as the special provisions presented in detail below.
An order signifies the irrevocable acceptance by the purchaser of the terms and conditions of sale. The customer declares their legal capacity to conclude this agreement: that is, that they are of age and not under guardianship.
Article 2: Identity of the Vendor
Motché Paris-Lima – S.A.C
Head office: Jirón Tumbes 270, Barranco, Lima - Peru.
Customer service: firstname.lastname@example.org
Article 3: Products
The products offered for sale are those featured on the website motche.com on the day the customer accessed and browsed the website.
Motché Paris-Lima does not sell used or secondhand products, defective products, or products of an inferior standard to those offered by the market as a whole.
Some pieces are unique items; they are made from precious metals (18 carat and 14 carat gold, 950 silver, vermeil [24 carat], gilded copper [24 carat], and from natural precious and semiprecious stones.
The photographs of products are referential and may differ slightly from the actual items as a result of the settings of the customer’s screen and the lighting employed during the photo shoot. The company Motché Paris-Lima is not bound in any way by these photographic images.
Also, because they are handcrafted items, the articles offered may exhibit irregularities in their finishes, slight differences in size and/or tones inherent in the natural material employed or the “handmade” nature of the manufacturing process, and such differences cannot be considered major defects. The vendor cannot be considered liable, nor the validity of the order called into question.
Article 4: Price of the articles
The prices given in euros (€) include tax (VAT). The costs of processing orders, packaging and delivery costs are included in the published prices.
The cost of the item must be paid in full at the time of the order. The vendor reserves the right to modify at any time the sale prices featured on its website motche.com, with the exception of any sale already completed and paid for.
The delivery of products outside Peru is subject to the customs duties and regulations of the country of the purchaser, which are the sole responsibility of the purchaser, unless otherwise indicated. The customer undertakes to ascertain the provisions governing the importing of the products requested, in accordance with the laws of the country to which they will be delivered.
5.1 Internet orders
In order to purchase a product, the purchaser must create an account when making their first order and fill out the order form, including all mandatory fields, so that their order can be accepted by the company Motché Paris-Lima.
Once they have verified the content of their order and the total cost (products ordered, cost of delivery, additional services) and corrected any errors, the purchaser must confirm their order. This confirmation will be taken as contractually binding.
Once this contract has been completed, Motché Paris-Lima will communicate to the customer, via e-mail, receipt of the order, including a summary of the information contained in the order form. The languages available for transactions with Motché Paris-Lima are French, Spanish and English.
5.2 Refusal of an order
The company Motché Paris-Lima reserves the right to refuse any order made in an incorrect manner or in bad faith. Also, the company Motché Paris-Lima reserves the right to reject any order from a customer with whom there exists a dispute regarding a previous payment.
Article 6: Conditions of payment
In order to proceed with payment for the product(s) and corresponding delivery costs, the purchaser must follow the instructions provided in the order form.
6.1 PayPal secure payment service
Payment for purchases is made via the PayPal secure payment service. PayPal is a specialist provider of payment services via e-mail between the purchaser and a third party. PayPal guarantees the confidentiality of the purchaser’s bank details.
It is not necessary to have a personal account with PayPal in order to make your payment. When you are redirected to the PayPal website in order to make a payment (after clicking on “order”), you have the option of making a transfer by credit card, by clicking on “continue”. After this, you must complete the credit card fields in the same way as with any other traditional method of internet payment. The purchaser must provide their credit card number, in addition to the type of credit card, together with its expiry date and the security code (the three-digit code on the other side of the card).
The financial information is transferred through a security protocol to PayPal or other banks which offer services associated with electronic distance payment, and no third parties are able to access this information.
In the event that, for any reason (opposition, rejection of the transaction by the issuer), the debiting of the amount due to be paid by the customer is rendered impossible, the internet purchasing process will be cancelled immediately.
6.2 International bank transfers
Those customers who prefer to make payment via an international bank transfer should contact our Customer Services staff via the e-mail address email@example.com, or by using the contact form on our website, indicating the items they wish to order.
The customer’s credit card will be charged at the time the order is processed. The purchaser assures the vendor that, at the time their order is placed, they are legally entitled to do so from the perspective of the issuer of the credit card.
Article 7: Dispatch and Delivery
The product requested will be sent by registered mail if the item is located in France (Colissimo Service, in Metropolitan France) or by air from Peru through the services of an independent professional courier service (Fedex, Serpost, Exporta Fácil), dependent upon the availability and nature of the product ordered and the decision of the vendor. The product will be sent to the address provided by the purchaser in the order form. This address may be different to that of the purchaser. The company Motché Paris-Lima does not make delivery to post office boxes.
Because they are handmade in our workshops, Motché, jewelry items are essentially made to order. Production time may vary from between 2 weeks and 1 month. In the case of special orders, production times may vary between 3 and 6 months, to allow time for the design of a personalized item of jewelry made to order.
7.2 Delivery times and methods
Delivery time from Lima (Peru) to an international destination is between 3 and 5 days via the Fedex secure service; 10 to 20 days via the Peruvian service Serpost Export Fácil. Information regarding delivery times is provided at the time the order is made.
7.3 Special Deliveries
Motché Paris-Lima delivers to all countries within the European Union and the rest of the world. Delivery is made by airmail via Fedex, which offers secure international courier services, or via the accredited Peruvian service Serpost Exporta Fácil.
For certain exclusive items of jewelry, valued in excess of US$5000 (3600 euros), Motché Paris-Lima recommends special delivery, made by the designer, to Latin American countries, European Union countries, the United States and Canada. The delivery date will be established in agreement with Motché Paris-Lima. For other countries around the world, please contact our Customer Services staff via the following e-mail address: firstname.lastname@example.org.
If you decide to choose the Odisea Motché Exclusive Services offered by the company Motché Paris-Lima, your jewelry will be delivered to you personally at the end of your trip to Peru, in our workshops.
If, when delivery is made, the outside of the packaging is not in perfect condition, the customer should finish opening the package in the presence of the courier, in order to verify the condition of the product. In the event of damage, the purchaser should make their comments in a precise and coherent manner via the order delivery form; a copy will be sent by post or through the courier to the purchaser. It is the responsibility of the purchaser to check the contents of the package and establish precisely the condition of the product at the time of delivery. This verification will be deemed to have taken place when the purchaser or duly authorized individual signs the delivery form presented by the courier.
Please communicate to us any error which may have occurred in spite of our meticulous preparation process, within a maximum period of 48 hours after receipt of the order, by writing to us at the following e-mail address: email@example.com
Article 8: Right of withdrawal and return of items
The company Motché Paris-Lima agrees that those customers who are not entirely satisfied may exercise their right of withdrawal on condition that the product has been kept in good condition.
Therefore, the purchaser has a period of 7 days from the date of receipt of delivery in order to return the product to motche.com and claim a refund, without incurring a penalty of any kind, with the exception of delivery costs, which shall be the responsibility of the customer.
The purchaser must inform motche.com in writing of their intention to return the product before the authorized period of 7 days has expired, by writing to the following e-mail address: firstname.lastname@example.org
- However, motche.com cannot accept any exchange or refund of items of jewelry if all of the following conditions have not been met:
- The purchaser must inform the vendor of their intention to return the product within the period established by the provisions of this document.
- The product must not have been soiled, altered or washed. The product must be returned in the original packaging, along with the corresponding invoice.
- The products returned must be handed over to the secure courier service by the purchaser within a period of 7 days after receipt.
The customer shall be responsible for ensuring that the items of jewelry are returned by making sure the items are sent via registered mail or via any other means which indicate beyond question the date: the costs and risks associated with the return of items will be the sole responsibility of the customer.
It should be noted that the right of withdrawal is not applicable to “gift services”; given that the right of withdrawal is the exclusive right of the purchaser, it may not be exercised by the recipient of the gift.
In cases where the return of the product by the purchaser is the result of an error on the part of motche.com, or of a defective product or a product other than that ordered by the purchaser, or as the result of a manufacturing defect (subject to the terms of Article 3 of this contract), Motché Paris-Lima undertakes to reimburse the customer, in addition to the purchase price of the product, for the delivery costs incurred when returning the product.
The customer must inform our Customer Service staff via the e-mail address email@example.com within a maximum period of 48 hours after receipt of the order.
The purchaser who exercises their right to withdrawal under the terms and condition of this clause will be reimbursed within a maximum period of 30 days from receipt by Motché Paris-Lima of their intention to exercise said right to withdrawal.
Failure to abide by these criteria will mean that no refund, exchange or return will be possible.
Article 9: Electronic files – protection of privacy
The transmission of data via the website motche.com is performed in a safe environment, in accordance with existing internet security protocols. Credit card numbers are not stored on the website motche.com, but rather on the secure payment website of our banking institution.
Motché Paris-Lima undertakes not to divulge to any third party the information it receives. Such information is treated as confidential and will only be used to process orders.
In accordance with the provisions of the January 6 1978 Data Protection Act, you have the right to access, rectify or cancel your personal data. Should you wish to exercise this right, please apply online or by mail, giving your full name, address and, if possible, your customer reference number, to the following address: firstname.lastname@example.org
Article 10: Intellectual Property Law
The brand Motché París-Lima® and all documents featured on the website motche.com, whether registered or not, are protected by intellectual property rights and they are the sole property of Motché Paris-Lima SAC. Any partial or total reproduction, modification or use of these brands, illustrations, advertising, jewelry designs, images, packaging and logotypes, for any motive and without the agreement of the company Motché Paris-Lima, is strictly prohibited. The same applies to all copyrights or patents which are the exclusive property of Motché Paris-Lima.
Any other use without the written permission of Motché Paris-Lima constitutes an infraction punishable under the provisions of Intellectual Property Law.
Article 11: Force Majeure
The discharging by the company Motché Paris-Lima of all or part of its obligations shall be suspended in the case of an unforeseeable event or force majeure which may impede or delay execution. Such events may include, without limitation, natural disasters (earthquakes, tsunamis, flooding, etc.), war, disturbances, insurrection, civil unrest, strikes of all kinds which may affect the ability of the company Motché Paris-Lima to supply the goods ordered. The company Motché Paris-Lima will inform the customer of any unforeseeable event or force majeure within a period no greater than seven days after its occurrence. If these circumstances continue beyond a period of fifteen days, the customer shall have the option to cancel their initial order, in which case they will be reimbursed in accordance with the provisions of Article 8 of these general conditions.
Article 12: Amendments and Updates
These general conditions may be amended periodically, particularly when a response to possible legislative changes is required. Any new terms and conditions will apply from the date of their publication on the website motche.com.
Article 13: Applicable Law and Jurisdiction
The general conditions set forth herein are subject to Peruvian law. In the event of any dispute arising from the interpretation, performance or validity of these general conditions, before any legal action is contemplated the customer and Motché Paris-Lima undertake to seek an amicable settlement, with the help of consumer associations or any other institution of their choice.