Terms of service

These General Terms and Conditions of Sale are up to date as of September 16, 2019.

 

1. DEFINITIONS

"Terms and Conditions" refer to these general terms and conditions of sale, which detail the conditions of use of the website and the order placement process.

"CLIENT" refers to any individual or legal entity placing an order on the website. The CLIENT who makes a purchase on the site declares to have the legal capacity to enter into the present Terms and Conditions.

"ORDERS" refer to the firm orders placed on the website by the CLIENT for the acquisition of one or more PRODUCTS.

"CONTENT" refers to all elements (texts, images, videos) posted on the website by ŌKAN STUDIO and owned by them.

"PRE-ORDER" refers to the PRODUCTS that are subject to pre-order before their release or availability to the public.

"PRICE" refers to the prices presented on the website, including all taxes. The prices of the PRODUCTS are indicated in euros. ŌKAN STUDIO reserves the right to modify its prices without prior notice, and the prices applied to the CLIENT correspond to those displayed on the website at the time of the order. The goods remain the full property of ŌKAN STUDIO until the receipt of the total amount due paid by the CLIENT.

"PRODUCT" refers to all jewelry pieces and, more generally, all products offered for sale on the website. All products offered for sale are new.

"WEBSITE" refers to the online store ŌKAN STUDIO, accessible from any device at the following address: www.okan-studio.com, from which CLIENTS can place orders.

"COMPANY" refers to Studio M, a simplified joint-stock company with a capital of 1,000 euros, registered with the Paris Trade and Companies Register under number 851 687 095, represented by its President Margaux Gripon, whose registered office is located at 34 Rue de Malte, 75011 Paris, France. Its individual VAT identification number is FR 11 851687095.

 

1. APPLICATION AND ENFORCEABILITY OF THE TERMS AND CONDITIONS

These Terms and Conditions aim to define all the conditions under which the COMPANY markets the PRODUCTS as offered for sale on the WEBSITE to CLIENTS. They apply to any order of products placed on the WEBSITE by the CLIENT.

The CLIENT declares to have read and accepted these Terms and Conditions before placing their order.

The validation of the order constitutes acceptance of these Terms and Conditions. These Terms and Conditions are regularly updated, and the applicable Terms and Conditions are those in force on the WEBSITE at the time of placing the order.

Any contrary condition set forth by the CLIENT would therefore be inoperative, in the absence of express acceptance, against the COMPANY regardless of the time when it may have been brought to its attention.

The fact that the COMPANY does not invoke any provision of these Terms and Conditions at a given time cannot be interpreted as a waiver of subsequently invoking any provision of said Terms and Conditions.

1. ORDERING PRODUCTS ON THE WEBSITE

The COMPANY reserves the right to correct the CONTENT of the SITE at any time.

The PRODUCTS offered for sale are described and presented with the utmost accuracy possible. However, slight variations in the color of the product(s) do not engage the responsibility of the COMPANY and do not affect the validity of the sale.

The CUSTOMER selects the product(s) they wish to purchase and can access the summary of their ORDER at any time.

The summary of the ORDER presents the list of the selected product(s) by the CUSTOMER and includes any additional fees such as the delivery price added to the PRICE of the product(s) in the ORDER. The CUSTOMER has the option to modify their ORDER and correct any errors before proceeding to accept their ORDER.

After accessing the summary of their ORDER, the CUSTOMER confirms the acceptance of their ORDER by checking the box to validate the General Terms and Conditions (GTC) and then clicking on the ORDER validation icon. The mention "Order with an obligation to pay" or a similar unambiguous statement appears next to the ORDER validation icon to ensure that the CUSTOMER explicitly acknowledges their obligation to pay for the ORDER.

After accepting the GTC and validating the ORDER with an obligation to pay, a valid contract is concluded between the COMPANY and the CUSTOMER, and both parties are irrevocably bound by it.

After validating their ORDER and in order to proceed with payment, the CUSTOMER enters the delivery details for the ordered product(s) and, if different, the billing details. The process of delivering the ordered product(s) is described in ARTICLE 5 of these GTC.

The COMPANY then sends a confirmation of the ORDER via email, which includes the elements of the ORDER summary as well as the provided delivery and, if applicable, billing addresses.

After validating their delivery details and, if applicable, billing details, the CUSTOMER proceeds to payment for their ORDER according to the specified terms.

1. PRE-ORDER

Certain PRODUCTS may be offered for pre-order on the SITE based on their official release date. This pre-order is made with an indicated release date announced by the COMPANY at the opening of the pre-order phase. As the sole distributor of its PRODUCTS, the COMPANY reserves the right to modify this release date at any time.

In the event that certain PRODUCTS are pre-ordered on the Site, the entire ORDER will be placed on hold until the PRODUCT(S) is/are available. If the ORDER includes one or more PRODUCT(S) on pre-order as well as one or more available item(s) on the SITE, the entire ORDER will be placed on hold and will only be shipped when all the PRODUCTS are available. If the CUSTOMER wishes to receive the available PRODUCT(S) immediately, they will need to place two separate ORDERS on the SITE.

The estimated delivery deadline for an ORDER is based on the PRODUCT with the longest dispatch time.

Before validating their pre-order, the CUSTOMER can become aware of the estimated delivery time, as this information is displayed when choosing their payment method.

Certain PRODUCTS may have quantity limitations during their pre-order phase. The COMPANY reserves the right to cancel and refund pre-orders in case the indicated conditions are not met.

1. PRICE AND PAYMENT TERMS OF THE ORDER

The PRICES are mentioned on the SITE in the product descriptions, in euros and inclusive of all taxes.

The total amount is indicated in the ORDER summary before the Client accepts these GTC, validates their ORDER, provides and validates their delivery details and, if applicable, proceeds to payment.

The ORDER for PRODUCTS on the SITE is payable in euros. The full payment must be made on the day of the ORDER by the CUSTOMER, using a credit card, unless expressly agreed upon specific sales conditions between the CUSTOMER and the COMPANY.

For credit card payments, the SITE uses the secure payment system provided by Stripe, a specialized online payment security provider. This system ensures the complete confidentiality of the CUSTOMER's banking information. The credit card transaction, carried out between the CUSTOMER and the secure system, is fully encrypted and protected. The CUSTOMER's banking details are not stored electronically by the COMPANY.

The CUSTOMER guarantees to the COMPANY that they have the necessary authorizations to use the chosen payment method when placing the ORDER.

The COMPANY reserves the right to refuse an order if the CUSTOMER already has a dispute with the COMPANY or if the COMPANY believes that the CUSTOMER poses a risk of payment default. In such cases, the COMPANY reserves the right to request additional information from the CUSTOMER if deemed necessary, such as an identification document or proof of address. Without a response from the CUSTOMER within a period of 5 days following the ORDER, the ORDER and payment will be canceled. The COMPANY undertakes to honor received ORDERS, subject to available stocks.

Payment in installments with Alma. If you choose to pay your order in installments, you accept Alma's general terms and conditions as well as Alma's specific conditions for STUDIO M customers.

1. DELIVERY

The product(s) offered on the Site can be delivered to metropolitan France and European Union member states.

Delivery is free in France (including overseas territories) and throughout the European Union. For countries outside of these regions, please contact our customer service via email (getintouch@okan-studio.com), which can arrange delivery and inform you of any additional charges.

The CUSTOMER is notified by email when their ORDER is ready for shipment. The ordered PRODUCT(S) is/are delivered to the delivery address indicated by the CUSTOMER during the ORDER, under the conditions specified in Article 8 of these GTC.

The CUSTOMER must ensure that the provided information, as mentioned in Article 9 of these GTC, is correct and remains so until the complete delivery of the ordered PRODUCT(S). Therefore, the CUSTOMER agrees to promptly inform the COMPANY of any changes in billing and/or delivery addresses that may occur between the ORDER and the DELIVERY by sending an email to the address getintouch@okan-studio.com.

In the event that the package appears damaged or tampered with, the CUSTOMER must refuse it to the carrier and notify the COMPANY of their refusal.

In case of delay and/or delivery error, the CUSTOMER cannot hold the COMPANY liable for non-delivery.

The COMPANY will also not be responsible if the non-receipt of the PRODUCTS is due to the actions of a third party beyond its control or in case of theft.

In the event of an ORDER being returned due to the absence of the CUSTOMER, the COMPANY's Customer Service will contact the CUSTOMER to arrange a second delivery at the CUSTOMER's expense.

The CUSTOMER can track the delivery of their ORDER by contacting the Customer Service, whose number is provided in ARTICLE 7 of these GTC.

1. RETURNS

In accordance with articles L.221-18 and following of the Consumer Code, the CUSTOMER has a period of 14 days from the receipt of the last ordered PRODUCT on the SITE to exercise their right of withdrawal with the COMPANY, without having to provide any justification or pay any penalties.

To do so, the CUSTOMER must inform ŌKAN STUDIO's customer service in writing or by phone (see Article 8) of their decision before returning the PRODUCTS to the COMPANY, stating the reason for the return and following the exact return process indicated by the COMPANY. The CUSTOMER's return request is only effective once ŌKAN STUDIO acknowledges receipt of the return request in writing.

The CUSTOMER must return the PRODUCT(S) in the same condition as received, including all packaging, accessories, and instructions (even if the PRODUCT(S) has/have been unpacked), as soon as possible and no later than 14 days from the notification of the decision to withdraw from this contract, to the following address: 34 Rue de Malte, 75011 Paris, France.

In the case of a return for a refund, the return costs and insurance fees are covered by the COMPANY. For this purpose, the package must be returned by the CUSTOMER using the label provided by the COMPANY from one of the following countries: Metropolitan France & Overseas Territories (Guadeloupe, Saint-Martin, Saint-Barthélemy, Martinique, French Guiana, Reunion, Mayotte, Saint-Pierre-et-Miquelon), Germany, Austria, Belgium, Croatia, Spain, Estonia, Finland, Greece, Ireland, Italy, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Czech Republic, United Kingdom, Slovakia, Slovenia.

Upon receipt of the PRODUCT, the COMPANY will verify that it is in perfect condition and acknowledge receipt of the PRODUCT. Subsequently, the COMPANY will refund the CUSTOMER the price corresponding to the value of the PRODUCTS no later than fourteen (14) days following the date on which the return was accepted by the COMPANY, using the same means of payment as the initial transaction, unless the CUSTOMER expressly agrees to a different method.

In accordance with Article L.221-23 of the Consumer Code, the CUSTOMER is informed that their liability is only engaged towards the COMPANY for any depreciation of the returned PRODUCT(S) resulting from handling other than what is necessary to establish the nature and characteristics of the goods.

1. CUSTOMER SERVICE

For any inquiries, clarifications, or complaints, the CUSTOMER must contact the Customer Service of the COMPANY as a priority to allow them to attempt to find a solution to the problem.

The COMPANY's Customer Service is available from 9 am to 6 pm, Monday to Friday, using the following contact information:

Email: getintouch@okan-studio.com Mailing address: 34 Rue de Malte, 75011 Paris, France

1. LEGAL AND COMMERCIAL WARRANTIES

All products offered by the COMPANY are subject to the legal warranty of conformity provided by law, in particular articles L.217-4, L.217-5, and L.217-12 of the Consumer Code, as well as the warranty against hidden defects provided by articles 1641 and 1648, first paragraph, of the Civil Code:

Article L.217-4 of the Consumer Code: "The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery."

Article L.217-5 of the Consumer Code: "The goods are compliant with the contract if they:

1° Are fit for the usual expected purpose of similar goods and, where applicable:

• correspond to the description given by the seller and have the qualities that the seller presented to the buyer in the form of a sample or model;
• have the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;

2° Or have the characteristics defined by mutual agreement between the parties or are suitable for any special use sought by the buyer, made known to the seller, and accepted by the seller."

Article L.217-12 of the Consumer Code: "The action resulting from lack of conformity is time-barred after two years from the delivery of the goods."

Article 1641 of the 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 acquired it, or would only have given a lesser price for it, had they been aware of the defects."

Article 1648 of the Civil Code, first paragraph: "The action resulting from redhibitory defects must be brought by the purchaser within a period of two years from the discovery of the defect."

If a CUSTOMER believes they have received a product that they consider non-compliant, they must contact the COMPANY as soon as possible after receiving the ORDER, at the following email address: getintouch@okan-studio.com, or by registered mail with acknowledgment of receipt to the following address: 34 Rue de Malte, 75011 Paris, France, specifying the alleged defect.

It is the CUSTOMER's responsibility to provide any evidence regarding the identification of visible defects and/or anomalies. The CUSTOMER must provide the COMPANY with every facility to investigate these defects or non-conformities and, if necessary, remedy them. The CUSTOMER must refrain from intervening themselves or involving a third party for this purpose.

If the defects and/or anomalies are confirmed by the COMPANY, it will provide the CUSTOMER with instructions on how to proceed after reviewing the submitted claim and, if necessary, replace the PRODUCT found to be defective or non-compliant.

In the event that the exchange of the PRODUCT is impossible, the COMPANY will be obliged to refund the CUSTOMER within fourteen (14) days following the receipt of the PRODUCT. The refund will be made by crediting the CUSTOMER's bank account based on the COMPANY's proposal, although the CUSTOMER can choose a different method of refund if desired.

1. CUSTOMER'S OBLIGATIONS

The CUSTOMER agrees to comply with the terms of these GTC.

The CUSTOMER agrees to use the SITE in accordance with the instructions provided by the COMPANY.

The CUSTOMER agrees to use the SITE solely for personal use and in accordance with these GTC. In this regard, the CUSTOMER agrees to refrain from:

• Using the SITE in any illegal manner, for any unlawful purpose, or in any manner inconsistent with these GTC.
• Selling, copying, reproducing, renting, leasing, distributing, transferring, or sublicensing all or part of the content on the SITE, or decompiling, disassembling, modifying, displaying in a human-readable form, attempting to discover any source code, or using any software that activates or includes all or part of the SITE.
• Attempting to gain unauthorized access to the SITE's computer system or engaging in any activity that disrupts, diminishes the quality, interferes with the performance, or impairs the functionality of the SITE.
• Using the SITE for abusive purposes by intentionally introducing viruses or any other malicious program or attempting to gain unauthorized access to the SITE.
• Infringing on the intellectual property rights of the COMPANY and/or reselling or attempting to resell the PRODUCTS to third parties.
• Defaming the SITE, PRODUCTS, or the COMPANY on social media or any other communication channel.

If, for any reason, the COMPANY believes that the CUSTOMER is not complying with these GTC, the COMPANY may, at any time and at its sole discretion, revoke their access to the SITE and take any measures, including legal action, civil and criminal, against them.

1. LIABILITY

The COMPANY takes all necessary measures to ensure the provision of high-quality PRODUCT(S) to the CUSTOMER under optimal conditions. However, the COMPANY cannot be held liable for any non-performance or improper performance of all or part of the services provided under the contract, which is attributable either to the CUSTOMER, an unforeseeable and insurmountable event of a third party unrelated to the contract, or a case of force majeure. In general, if the COMPANY's liability were to be engaged, it could not under any circumstances accept liability for indirect damages or damages whose existence and/or amount are not established by evidence.

The SITE may contain links to other websites not published or controlled by the COMPANY, for which the COMPANY cannot be held responsible for their operation, content, or any elements present or obtained through these websites.

The establishment of such links or the reference to any information, articles, or services provided by a third party cannot and shall not be construed as an express or tacit endorsement by the COMPANY of these websites, their elements, or their contents.

The COMPANY is not responsible for the availability of these websites, nor can it control their content or endorse the advertisements, product(s), and other information disseminated on these websites.

It is expressly stipulated that the COMPANY cannot be held liable in any way if the CUSTOMER's computer equipment or email system rejects, for example due to spam filtering, the emails sent by the COMPANY, including, but not limited to, the copy of the payment receipt, the summary of the ORDER, or the shipping confirmation email.

The CUSTOMER is fully aware of the provisions of this article, particularly the aforementioned warranties and limitations of liability, which are essential conditions without which the COMPANY would not have entered into the contract.

1. SECURITY

The CUSTOMER undertakes not to compromise the security of the SITE. To this end, they undertake not to engage in any fraudulent access and/or maintenance of the COMPANY's information system. The CUSTOMER must also refrain from compromising or obstructing the COMPANY's information system. Otherwise, the COMPANY may take any measures against them, including holding them criminally liable under Articles 323-1 and following of the Criminal Code.

1. INTELLECTUAL PROPERTY

All elements of this SITE and the SITE itself are protected by copyright, trademark rights, design rights, and/or any other intellectual property rights. These elements are the exclusive property of the COMPANY. All rights are reserved worldwide.

The name and brand, logos, designs, stylized letters, figurative marks, and all signs represented on this SITE are and will remain the exclusive property of the COMPANY.

No title or right to any element or software will be obtained by downloading or copying elements from this SITE. It is strictly forbidden for the CUSTOMER to reproduce (except for their personal and non-commercial use), publish, edit, transmit, distribute, display, remove, delete, add to this SITE and the elements and software it contains, or modify them or create derivative works based on them, or sell or participate in any sale related to this SITE, its elements, or any software associated with it.

The COMPANY grants the CUSTOMER a non-exclusive license to use the SITE. This license is strictly personal and cannot be assigned or transferred to any third party. The license is granted for the duration of use of the SITE.

The use by the CUSTOMER of trade names, trademarks, and distinctive signs belonging to the COMPANY is strictly prohibited unless expressly and priorly agreed upon by the COMPANY.

1. NEWSLETTER

By checking the appropriate box or expressly giving consent for this purpose, the CUSTOMER agrees that the COMPANY may send them newsletters (information letters) at a frequency and in a format determined by the CUSTOMER, which may contain information about the COMPANY's activities.

When the CUSTOMER checks the box provided for this purpose in the ordering process on the SITE, they agree to receive commercial offers from the COMPANY for products similar to those ordered.

CUSTOMERS will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each newsletter.

1. PERSONAL DATA PROTECTION

The COMPANY informs the CUSTOMER that by using the SITE, especially by placing an order on the SITE, the CUSTOMER agrees to the processing of their personal data in accordance with the Privacy Policy and declares that all personal data provided is true and accurate.

In accordance with Regulation (EU) 2016/679 of April 27, 2016, on the protection of personal data, the CUSTOMER has the right of access, rectification, erasure, opposition / withdrawal of consent, limitation of processing, and portability, which the CUSTOMER can exercise at any time by contacting the COMPANY at the email address getintouch@okan-studio.com or ŌKAN STUDIO, 34 Rue de Malte, 75011 Paris.

For more information on the processing of personal data and cookies, the CUSTOMER is invited to consult the Privacy Policy.

1. APPLICABLE LAW AND JURISDICTION

These GTC are governed and interpreted in accordance with French law, without regard to the principles of conflict of laws.

In the event of a dispute, only the commercial court of Paris shall have jurisdiction.

In the event of a dispute that may arise in connection with the interpretation and/or performance of these GTC or in relation to these GTC, the CUSTOMER may decide to submit the dispute with the COMPANY to a conventional mediation procedure or any other alternative dispute resolution method.

The CUSTOMER can visit the European Online Dispute Resolution platform established by the European Commission at the following address, which lists all approved dispute resolution bodies in France: https://webgate.ec.europa.eu/odr/.

In the event of the failure of this mediation procedure or if the CUSTOMER wishes to bring a legal action, the rules of the French Code of Civil Procedure shall apply.