Legal notices

In order to comply with the provisions of the law on confidence in the digital economy of June 21, 2004, the legal notices required to enable the identification of the publisher of this website will be set out below.

This site https://isaliya.fr is published by Souraya Hijazi, self-employed under number 798 599 759, whose head office is located at 5 bis rue des genêts 60500 Chantilly.

The publisher can be contacted by email at the following address: info@isaliya.fr

The publication director of the site is Souraya Hijazi.
The editor is Souraya Hijazi.

This site is hosted by the company SAS OVH, whose head office is located at 2, rue Kellermann BP 80157 59100 ROUBAIX, reachable by telephone at the following number: +33 9 72 10 10 07.

General conditions of sale 

Preamble

 

These general terms and conditions of sale apply to all sales concluded on the Isaliya website. The website www.isaliya.fr is a service of:

• Souraya Hijazi self-employed business

• Located at 5 bis rue des genêts 60500 Chantilly, France

• Website URL: https://isaliya.fr

• Email: info@isaliya.fr

• Phone number 07 67 50 28 26

The Isaliya website sells the following products: jewelry accessories…

The customer declares to have read and accepted the general conditions of sale prior to placing the order. Validation of the order therefore constitutes acceptance of the general conditions of sale.

 

Article 1 – Principles

a) Purpose

This site is freely accessible and free of charge to all Internet users. It consists of an online product sales site.
The user is informed that he has the possibility of registering free of charge on the telephone canvassing opposition list via the following address: http://www.bloctel.gouv.fr/

b) Acceptance of the general conditions of sale

Subscribing to a contract governed by these general conditions with the publisher of this site implies acceptance by the user of said general conditions of sale. The user thereby acknowledges having fully read them. This acceptance will consist of the user validating these general conditions.
The user acknowledges the evidentiary value of the automatic recording systems of the publisher of this site and, unless he provides proof to the contrary, he waives the right to contest them in the event of a dispute.
Acceptance of these general conditions assumes that users have the legal capacity necessary for this, or failing that, that they have the authorization of a guardian or curator if they are incapable, of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal entity.

 

Article 2 - Method of placing orders and purchasing process

Products are sold within the limits of available stocks. Product availability is indicated on the site, in the description sheet for each item.
In order to comply with the provisions of the law on confidence in the digital economy of June 21, 2004, the ordering process will be described below:
In order to place an order, the user may select one or more products and add them to their basket. When their order is complete, they may access their basket by clicking on the button provided for this purpose. By consulting their basket, the user will be able to check the number and nature of the products they have chosen and will be able to check their unit price as well as the overall price of the order. They will be able to remove one or more products from their basket. This summary will notably indicate to the user the option they have or not to exercise their right of withdrawal as well as the deadlines and terms that apply.
If the order is satisfactory and the user wishes to validate it, the user can click on the validation button, and will then access a form in which they can either enter their login ID if they already have one, or register on the site by completing the form presented to them, with their personal information.
Once the payment has actually been received by the publisher of the site, the latter undertakes to acknowledge receipt to the user electronically, within a maximum period of 24 hours.
Likewise and within the same time period, the publisher undertakes to send the user an email summarizing the order in order to confirm its processing and to communicate all information relating to the order.

Article 3 - Prices, taxes and delivery costs

The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date.
Prices are indicated in euros. They do not include delivery costs, which are charged in addition and indicated before the order is validated.

Prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.
If one or more taxes or contributions, particularly environmental ones, were to be created or modified, either upwards or downwards, this change could be reflected in the sale price of the products.

Article 4 - Retention of title clause

The products sold remain the property of the publisher until full payment of their price, in accordance with this retention of title clause. The risks are transferred to the customer upon delivery of the products.

Article 5 - Payment information

The Internet user can place an order on this site and can pay by Bank Card, Visa, Mastercard, and Paypal.
Credit card payments are made using secure transactions provided by: Stripe.
In the context of payments by bank card, the publisher of this site does not have access to any data relating to the customer's means of payment.
The delivery times defined in the article below only begin to run from the date of actual receipt of payment by the seller, the latter being able to provide proof of this by any means.
Failure to pay any amount due to the publisher on time will result in the collection of penalties equal to (3) three times the legal interest rate, to which will be added a fixed compensation of 40 euros for recovery costs. These penalties will be due from the day after the due date of the unpaid amounts, without prior formal notice.

Article 6 - Delivery or provision

- Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, the shipping times will be, within the limit of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.

For France, orders are delivered or made available by La Poste by registered letter or Colissimo within 3 working days from full receipt of the price corresponding to the order.

Certain products or certain order volumes may nevertheless justify a longer delivery time, this will be expressly mentioned to the user when confirming the order.

- In the event of delivery of a package that is clearly and visibly damaged, incomplete or containing damaged items, it is the customer's responsibility to refuse it in order to benefit from the guarantee offered by the carrier. The user must also inform Isaliya without delay, so that a new package can be prepared for them, then shipped upon receipt of the damaged package in return. In such a case, the delivery times indicated above in these general conditions will no longer be applicable.

Article 7 - Right of withdrawal and customer service

a) Customer service

The customer service of this site is accessible from Monday to Saturday from 10:00 a.m. to 8:00 p.m. by email at the following address sales@isaliya.fr or by post at the following address: Souraya HIJAZI - Isaliya 5 bis rue des genêts 60500 Chantilly. In these last two cases, the publisher will endeavour to provide a response within two working days.

b) Right of withdrawal

The consumer has the right to withdraw from this contract without giving any reason within fourteen days (14 days). The withdrawal period expires fourteen days after the day on which the consumer, or a third party other than the carrier and indicated by the consumer, acquires physical possession of the good or the last good.
To exercise the right of withdrawal, the consumer must notify the publisher of his decision to withdraw from this contract by means of an unambiguous statement (for example, letter sent by post, fax or e-mail). In order to facilitate your steps, the consumer can use the model withdrawal form but this is not obligatory.
In order for the withdrawal period to be respected, it is sufficient for the consumer to send his communication concerning the exercise of the right of withdrawal before the withdrawal period expires.

(c) Effects of withdrawal

In the event of withdrawal by the consumer, the publisher will reimburse all payments received from him, excluding delivery costs (with the exception of additional costs arising from the fact that you, the consumer, had chosen, where applicable, a method of delivery other than the least expensive method of standard delivery offered) without undue delay and, in any event, no later than fourteen days from the day on which the publisher is informed of his withdrawal. The publisher will make the reimbursement using the same means of payment as that used for the initial transaction, unless the consumer expressly requests a different method; in any event, this reimbursement will not incur any costs for the consumer. The publisher may defer reimbursement until he has received the goods back or until the consumer has provided proof of shipment of the goods, whichever is the earliest.
The consumer must return or hand over the goods without undue delay and, in any event, no later than fourteen days after he has communicated his decision to withdraw to the publisher. This deadline is deemed to have been met if the consumer returns the goods before the expiry of the fourteen-day period.
The consumer must bear the direct costs of returning the goods. The cost of returning the goods when, due to their nature, they cannot normally be returned by post will be indicated by the publisher prior to the conclusion of the contract.
The consumer is only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and proper functioning of the goods.
Returns are made at the consumer's risk.
The return is made at the customer's risk and expense.

Return address:
Souraya HIJAZI - ISALIYA
5 bis rue des brooms
60500 Chantilly

Article 8 - Warranty for products purchased on this site

In the event of a defect in a product purchased on this site, the user has, in accordance with the provisions of Articles 1641 et seq. of the Civil Code regarding the legal guarantee of hidden defects, a period of two years from the discovery of said defect to request resolution of the sale or a reduction in the sale price (Article 1644 of the Civil Code) and, in application of Articles L217-1 et seq. of the Consumer Code, in the event that the good delivered is not compliant, the consumer will have a period of two years from receipt of said product to request its repair or replacement subject to the cost conditions provided for in Article L217-9 of the Consumer Code. The consumer is exempt from providing proof of the existence of the lack of conformity of the good during the twenty-four months following delivery of the good (six months for second-hand goods).
In order to exercise any of these rights, it will be up to the customer to contact the publisher's customer service.
Certain objects purchased on this site benefit, in addition to the guarantee of hidden defects defined by the civil code as well as the guarantee of good conformity imposed by article L217-4 of the consumer code which are, where applicable, always applicable to them and which are defined above, from a conventional guarantee offered by the seller or the manufacturer, the duration of which may vary depending on the product, and which will be detailed in particular on the descriptive sheet and the instructions for use of the product. Any commercial guarantee is the subject of a written contract, a copy of which is given to the buyer.

Article 9 - Provisions specific to the nature of certain products

All products sold on this site are marketed in compliance with the legislative and regulatory provisions in force in France. The mandatory displays required by the legislative and regulatory provisions in force are made on this site, and in particular in the descriptive sheet of each article.

a) Jewelry or products in contact with the skin

In the context of jewelry or products in contact with the skin sold on this site, the publisher reminds us that the composition of the product is indicated in the description sheet of each item, it is therefore up to each user to ensure that the products do not present any medical contraindication against them. Jewelry containing magnetic parts (clasps, etc.) is not recommended for people wearing a pacemaker or for pregnant or breastfeeding women.
In accordance with Article L121-21-8 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
5° Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.

Article 10 - Exemption from publisher's liability

a) Accessibility to the site and force majeure

In the event of inability to access the site, due to technical problems or any other nature, the user will not be able to claim any damages and will not be able to claim any compensation.
The unavailability, even prolonged and without any time limit, of one or more products, cannot constitute harm to the user and cannot in any way give rise to the granting of damages by the site or its publisher.
The publisher may not under any circumstances be held liable for non-performance of the contract which may be attributable to a case of force majeure, as defined by the French courts.

b) Visual representation of products

The visual representations of the products published on this site are guaranteed by the publisher as being perfectly faithful to reality, in order to satisfy its obligation of perfect information. However, in the current state of the art, the rendering of these representations, particularly in terms of colors or shape, may vary significantly from one computer workstation to another or differ from reality depending on the quality of the graphic accessories and the screen or depending on the display resolution. These variations and differences may in no case be attributed to the publisher, who may in no case be held liable for this.

c) Products sold on the site

The publisher undertakes to comply with all applicable provisions in force in France and cannot be held responsible for non-compliance with regulatory and legislative provisions in force in other countries.
The publisher of this site cannot be held responsible for any misuse of the products, poor maintenance of the products, accidental damage or abusive use of the products.
As part of its activity on this site, the publisher does not have the status of importer, manufacturer or packager of products sold. The publisher only acts as a reseller of the products offered on its site, as such it cannot be held responsible for any damage of any nature, whether material, immaterial or physical, which could result from a malfunction of the products marketed.

d) Hypertext links

The hyperlinks on this site may refer to other websites and the publisher of this site cannot be held liable if the content of these sites contravenes current legislation. Similarly, the publisher of this site cannot be held liable if the user's visit to one of these sites causes harm.

Article 11 - Information relating to the Data Protection Act

a) General – Purpose – Duration

The user has the free option to provide personal information about him/herself. The provision of personal information is not essential for browsing the site. However, registration on this site requires the collection, by the publisher, of a certain amount of personal information about the user. The user who does not wish to provide the information necessary to create a user account will not be able to place an order on this site.
The data collected is necessary for the proper administration of the services offered on this site as well as for the publisher to comply with its contractual obligations. This data is kept by the publisher in this sole capacity, and the publisher undertakes not to use it in any other context, nor to transmit it to third parties, without the express agreement of the users or cases provided for by law.
The contact details of all users registered on this site are saved for a maximum period of 12 months from the deletion of the personal space, a reasonable period necessary for the proper administration of the site and normal use of the data. This data is stored in secure conditions, according to current technical means, in compliance with the provisions of the Data Protection Act of January 6, 1978.

b) Right of access, rectification and opposition

In accordance with the Data Protection Act, the user has the right to oppose, query, access and rectify the data he has provided. To do this, he simply needs to make a request to the publisher of this site, by sending it to the following email address: contact.isaliya@gmail.com , or by post to the publisher's head office address mentioned at the top of these general conditions.
The personal data collected is subject to computer processing and is exclusively reserved for the publisher of the site.
The data controller is Hijazi Souraya

c) IP address

In addition, the publisher reserves the right to collect the public IP (Internet Protocol) address of any user. The collection of this IP address will be carried out anonymously, it will be kept for the same duration as the personal information and will only be intended to allow proper administration of the services offered on this site. The IP address corresponds to a series of numbers separated by points allowing the unique identification of a computer on the Internet network.
The publisher must communicate all personal data relating to a user to the Police (upon judicial requisition) or to any person (upon order of the judge). The IP address of any computer may be subject to a comparison with the actual identity of the subscriber held by the ISP (Internet Service Providers).

Article 12 - Information relating to the collection of “cookies”

a) General – Purpose – Duration

In order to allow the user to navigate optimally on this site as well as better functioning of the various interfaces and applications, the publisher may proceed to the implantation of a cookie on his computer. This cookie makes it possible to store information relating to navigation on the site (date, page, times), as well as any data entered by the user during his visit (searches, login, email, password). These cookies are intended to be stored on the user's computer for a variable period of up to 12 months, and may be read and used by the publisher during a subsequent visit by the user to this site.

b) Right to object to the installation of cookies

The user has the option to block, modify the storage period, or delete this cookie via the interface of his browser (generally: tools or options / privacy or confidentiality). In such a case, browsing on this site will not be optimized. If the systematic deactivation of cookies on the user's browser prevents him from using certain services or features provided by the publisher, this malfunction cannot in any case constitute damage for the user who will not be able to claim any compensation for this reason.

c) Deletion of cookies

The user also has the option to delete cookies previously present on their computer, by going to the menu of their browser provided for this purpose (usually, tools or options / privacy or confidentiality). Such an action has no impact on their navigation on this site, but causes the user to lose all the benefit provided by the cookie. In this case, they will have to re-enter all the information concerning them.

Article 13 - Intellectual property on the elements of the site

All elements constituting this site belong to the publisher or are subject to an operating authorization and are protected by legislation relating to intellectual property.
The user therefore acknowledges that, in the absence of authorization, any total or partial copy and any distribution or exploitation of one or more of these elements, even modified, will be likely to give rise to legal proceedings brought against him by the publisher or its beneficiaries.
This protection will cover all textual and graphic content of the site, but also its structure, its name and its graphic charter.
Likewise, the user acknowledges being informed that the matrix of these general conditions has been filed with a bailiff and that any reproduction, even partial, of this document may be subject to legal proceedings for economic parasitism.

Article 14 - Modification of the general conditions

These general conditions may be modified at any time by the publisher of the site or its agent. The general conditions applicable to the user are those in force on the day of his order. The publisher obviously undertakes to keep all its old general conditions and to send them to any user who requests them.

Article 15 - Applicable law and competent jurisdictions

These general conditions are subject to the application of French law and the exclusive jurisdiction of the French courts. The language of the contract is French, any version available in a foreign language on the site has only an informative value. Similarly, this site may be translated into various languages ​​in order to facilitate navigation for non-French-speaking users who would like to order on the site.

IN THE EVENT OF A DISPUTE WITH A CUSTOMER HAVING THE STATUS OF A TRADER, WITHIN THE MEANING GIVEN TO IT BY THE COURTS OF FRENCH LAW, EXCLUSIVE JURISDICTION IS ATTRIBUTED TO THE COURTS IN WHOSE JURISDICTION THE PUBLISHER IS ESTABLISHED.

Article 16 - Amicable settlement of disputes

Except for provisions of public policy, any disputes that may arise in the context of the execution of these general conditions may, before any legal action, be submitted to the assessment of the publisher of the site with a view to an amicable settlement. It is expressly recalled that requests for amicable settlement do not suspend the time limits for initiating legal action.
The consumer may also have recourse to the consumer mediator on whom the publisher depends. It is recalled that a dispute cannot be examined by the consumer mediator when the consumer does not provide proof of having previously attempted to resolve his dispute directly with the publisher.

Contact details of the consumer mediator:

• Name of mediator:
• Address :
• Phone number:
• Website:

In accordance with Article 14 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, EU consumers are informed that they may also use the online dispute resolution platform set up by the European Commission. The platform is accessible at the following Internet address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage

Article 17 - Severability

If one of the clauses of these general conditions were to be declared null and void by a court decision, this nullity would not entail the nullity of all the other clauses, which would continue to produce their effect.

Article 18 - Non-waiver

The fact that the parties do not temporarily or permanently assert one or more clauses of these general conditions shall not in any case constitute a waiver of the rest of the general conditions.

Appendix:

Please complete and return this form by registered letter with acknowledgment of receipt only if you wish to withdraw from the contract.)
For the attention of Souraya HIJAZI - Isaliya – 5 bis rue des genêts – 60500 Chantilly. Reachable by email at the following address: sales@isaliya.fr

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