Terms and Conditions

1.Parties

The Seller

This Website at the URL www.spade-design.fr is owned by

SEA TECH & FUN EUROPE SARL, a company registered in France under Central Business Register number: 498 061 933 whose registered office is at

ZA de L'écluse, route de Taradeau
83460 Les Arcs sur Argens
France

This online shop has been created with Presta shop

The customer

All orders on the Spade-design Online Shop are reserved for natural persons who have the capacity to contract and meet the definition of consumer, within the meaning of the Consumer Code. The Customer must have valid means of payment and be able to fulfill his order.

If you wish to make a purchase in a professional setting, we invite you to contact Customer Service.


Customer service

For any question or complaint relating to an order placed on the Online Shop you can contact the Customer Service:

1. By telephone on +33 4 94 73 00 40 from Monday to Friday (excluding public holidays), from 9 am to 4 pm

2. By email at the following address: info@spade-design.fr

2. About These Sales Terms

These Sales Terms are applicable to all orders and purchases made in the online shop Spade-design

Sea tech and Fun Europe SARL may revise these Sales Terms from time to time. Any changes to the Sales Terms will apply to orders placed on or after the effective date stated in these Sales Terms or elsewhere on the Spade Design website. You are advised to check this page from time to time to take notice of any changes, as they are binding on you.

BEFORE PLACING AN ORDER FOR PRODUCTS, YOU MUST READ AND AGREE TO BE BOUND BY THESE SALES TERMS.

3.Informations on the products

When browsing the Spade Design Online Shop, the Customer can access the description of each product by clicking on the product or on the "Quick view" under the product. This description includes the name of the product, its reference, its price, its color, its composition and, if applicable, the special collection to which it belongs. The main features of the products added to the basket are also recalled on the "Cart" page.

4.Order Processing and Contract Formation

Order Processing

In order to select products, the customer should click on the button add to cart on the product he wishes. The product is automatically added to the cart and can continue browsing through the website and add other products. By clicking on the “Cart” the customer can check the objects added the prices and the characteristics as well. The customer can finalize by clicking on “Procced to checkout”

Identification of the customer

Through the process of the order the customer can pay his orders either as a guest either by using his account Spade-Design. If you create an account (personal user identification or username) on the Spade-Design website you are responsible for maintaining the confidentiality of your username and password and for restricting access to your password, and you agree to accept responsibility for all activities and for each purchase that occurs under your account unless those activities or purchases are carried out by an unauthorised third party who has gained access to your account other than by reason of your negligence or carelessness. In this case you should contact immediately the customer service.

Contract Formation

To be able to buy Products you must:

• read and accept these Sales Terms;
• provide your name and address, phone number, email address, payment details and other required information;
• provide an eligible delivery address (see below for further details); and
• be legally capable of entering into binding contracts be the owner or authorized holder of a valid debit/credit card to buy the products if paying with a debit/credit card.

You may place an order by clicking on the "ADD TO CART" button and proceeding to the checkout page.

You will be provided with an opportunity to review your order(s), read and accept these Sales Terms, check the total price of your order(s) and the information you have provided and correct any input errors before confirming your order(s).

Confirmation of your order

The seller confirms by email acknowledge receipt of the customer’s order. The confirmation email includes a summary of the order placed by the customer.
 

Modification and cancellation of the order
 

In principle, it is not possible to modify or cancel one order. However, for any modification or cancellation of his order, the Customer is invited to contact the Customer Service to find a solution. If the order can not be modified or canceled by the Customer Service, the Customer is invited to exercise his right of withdrawal upon receipt of his order.

 

5. Availability of products


The Seller makes every effort to ensure that the products offered on the Spade Design Online Shop are available when ordering. For technical reasons specific to distance selling, it may happen that the products chosen by the Customer are no longer available from the Seller when confirming the order. If the ordered product is unavailable, the order will be shipped once the stock replenished.

 

6. Payment

 

Product prices

 
The applicable price, in effect at the time the Customer places an order, indicated in euros and all taxes included (VAT), is mentioned on the Product Page of the Online Shop as well as in the "Cart". The price of the product does not include any delivery charges or additional costs, which are indicated to the Customer during the process of validation of the order and before the confirmation by the Customer.

 

Obligation to pay the order
 

In accordance with the Article L. 221-14 of the new Consumer Code, the Customer is informed and acknowledges that by placing an order on the Spade Design Online Shop, he undertakes to pay the Seller the full amount of the order and declares having the capacity and the means necessary to honor it.

 

Means of payment accepted
 

The Customer can pay his order by Visa or Mastercard credit card or through the PAYPAL website.

 

Title to Products

 
Ownership of the Products will pass to you only when Spade-design has received full payment in respect of your order, including all taxes, shipping and other charges. Until then, Spade-design retains full legal title to the Products. The Products will be at your risk from the time you take physical possession of them. Retention of title

 

7. Delivery of the order

Place of delivery

The Spade-Design Online Shop delivers in France, Corsica included, Germany, Luxembourg, Austria, Belgium, Spain, Italy, Netherlands, Portugal, United Kingdom.

Delivery

Mode standard of delivery is Mondial Relay

Delivery tracking

Upon shipment of your order, you will be informed by email of the expedition of your order and its tracking number, allowing you to locate your package. Please note that this tracking number will only be activated 24 hours after receipt of the shipping email.

Difficulties of delivery

In case of error in the address indicated by the Customer or if for any reason, the delivery is not possible, the package will be returned to the Seller and the order will be canceled and the Customer will be refunded the amount of the order, excluding the delivery costs which will remain acquired by the Seller.

Spade-design shall not be held responsible for delay or failure to perform, if the delay or failure is caused by any act, event, non-happening, omission accident or circumstance beyond its reasonable control including but not limited to:

• civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
• strikes or lock-outs (or other industrial action);
• national or local states of emergency;
• interruption or failure of communication or transportation facilities;
• power or utility outages;
• non-performance by suppliers or subcontractors (other than by companies in the same group of companies as PANDORA A/S or SDSA);
• earthquake, fire, explosion, storm, flood, subsidence, epidemic or other natural disaster;
• impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
• the acts, decrees, legislation, regulations or restrictions of any government.

Compliance of the order and reservations

If the products received by the Customer do not correspond to those ordered or if an order received is incomplete or damaged during transport, it is up to the Customer to contact the Customer Service and inform him within 48 hours of delivery of the products. Failing to issue reserves within the period of 48 hours, the delivery will be considered compliant.

Risk transfer

The risks of loss and damage of the ordered products is transferred to the the carrier, when physically takes possession of the order.

8. Return and Refund

Cancellations under the Consumer Contracts Regulations

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“Consumer Contracts Regulations”), you have a legal right to cancel your purchase during the cancellation period. The cancellation period begins on the date that the contract is formed (when Spade-design sends you the Shipment Confirmation) and continues until the end of 14 days starting on the day after you receive the Product. This cancellation right applies to both sale and non-sale Products.

If the Product has been dispatched to you before you cancelled the purchase, you must return the Product to Spade-design within 14 days starting on the day after you cancel the order.

Terms of exercise of the legal right of withdrawal

To exercise your right of withdrawal or your right of return, you must, within the time allowed:

1. inform us of your decision to retract by sending us by email to info@spade-design.fr, the form, sent with your order and attached to these Terms and Conditions or any declaration on free paper expressing your will to you retract and stating your first and last names, address and order number, as well as the references of the products you wish to return;

2. send back the new products, in perfect condition and in their original packaging. Otherwise, the Seller reserves the right to refuse the return of products.

To return the products, please follow the steps below:

1. Complete the return form by checking the jewel (s) you want to return and the reason for the return (for information) or indicate on free paper your names, first names, address, order number and the list of the product (s) you wish to return. This step is necessary so that our customer service can easily find your order and proceed with the refund.

2. Attach your return form to the product (s) you wish to return, if possible, in the original packaging.

3. Stick your Mondial Relay prepaid label on your return package and close it securely. Make sure that the label is clearly visible on the package and that the return address and barcodes are not covered or modified.

4. Deposit your return package in the nearest Mondial Relay center and keep proof of postage.

The costs of return of the products by Mondial Relay are paid by the Seller, subject to respect the procedure of return. Otherwise, the Seller reserves the right to charge any costs incurred to organize the return of products. If you decide to return multiple products from the same order, you must return them together to receive the Seller's return charge. Otherwise, only the costs of the first Mondial Relay return will be taken care of and you will have to bear the cost of returning the other products.

You will be informed by email at the address given when ordering the receipt by the Seller of returned products.

For any question relating to the return of one or more product (s), we invite you to contact the Customer Service.

If you cancel your purchase under the Consumer Contracts Regulations, Spade-design will refund to you the full price you paid for the Product (including all VAT and/or other taxes) together with any delivery costs you have paid, although, as permitted by law, the maximum delivery costs refunded will be the cost of the standard delivery service (regardless of whether you opted for express delivery).

10. Consumer Warranty (Guarantee)

Sea Tech & Fun Europe with its "Spade Design" brand guarantees the quality of its rhodium-plated or silver-plated jewelery, and 24-carat fine gold for a commercial period of 6 months including parts and labor (excluding the minimalist range), upon presentation of the receipt or invoice.

Low value products, less than 20.00 € are not guaranteed, however their good condition is checked before shipping.

We hope that your jewel will give you complete satisfaction. In case of concern during this warranty period, simply return by package your jewel in its case, accompanied by an explanatory letter and the invoice to the following address.

Sea Tech & Fun Europe SARL
Spade Design
ZA de l’Ecluse
83460 Les Arcs sur Argens
France

We ask that you first contact our customer service at +33 4 94 73 00 40 or via info@spade-design.fr to inform us of your request for exchange, replacement or refund.

If the Product cannot be repaired or replaced within a reasonable time or without inconvenience, you may request a refund or price reduction. Refunds, if authorised, will usually be made using the same method originally used by you to pay for your purchase.

Please retain your order confirmation/invoice or pass it on to the gift recipient as the original proof of purchase is the warranty. If a receipt is not available a credit card or bank statement showing the relevant transaction will suffice. This does not affect your legal rights.

Our warranties (parts and labor) are in the context of normal use of the products. Are excluded from this guarantee:

- the flight,

- wear, aging (rubber strap, textile cord, leather, crushing hollow mesh ...)

- loss or damage resulting from an accidental circumstance,

- damage caused by shocks or other deterioration of the jewel due to improper use,

- bad use of the jewel,

- exposure to acids, solvents or chemicals or extreme temperatures.

 

 You also benefit of course the guarantee of conformity of the property and the guarantee of hidden defects.


11. Intellectual property


All items and products on the Spade-Design Shop are protected by intellectual property rights, including copyright, trademark law, design rights, patent law and sui generis rights.

 

Any reproduction, representation, use, total or partial modification of these elements is forbidden.

 

12. Personal data


When you purchase an item in our online store, create an account with us, or enter into any other form of agreement with us, we will process your conventional personal data for that particular purpose. We may also process your conventional personal data if you e.g. have a query or similar that precedes your decision to enter into an agreement with us.

The legal basis for which we may process your personal data is stated in Article 6 1, b) of the EU Personal Data Regulation (EU) 2016/679 (GDPR), as the processing of your information is necessary for us to fulfil our agreement with you or for us to handle your inquiries and such like, ahead of concluding an agreement.

We may also process your ordinary personal data on the basis of the rules in the GDPR Article 6 1, f) unless our interests are outweighed by your privacy rights and statutory freedom. We have a legitimate interest in processing your personal data (name and email address) for both marketing and analytical purposes. Our legitimate interest is based on your preferences so that we can better customise our offerings to you—and ultimately offer products and services that better meet your needs and wishes. Additionally, we have a legitimate interest in processing your personal data for analytical purposes.

For more information on the processing of personal data, we invite you to read the Privacy Policy.

13. Independence of clauses

If one or more stipulations of the present General Terms and Conditions of Sale prove invalid, illegal or unenforceable, for any reason whatsoever, the validity of the other stipulations of the General Conditions of Sale will not be affected and the other stipulations will remain in effect.

14. Governing law and Jurisdiction

These Sales Terms and your purchase of Products from Spade-design website shall be governed by and construed in accordance with the laws of France, without resort to its conflict of law provisions. Any dispute or claim arising out of or in connection with these Sales Terms or your purchase of Products from Spade-design (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the court of Draguignan.