General terms and conditions of sale to consumers

These general conditions of sale (hereinafter, the “GTC“) are intended to define the rights and obligations of any consumer (hereinafter the “Customer”) and ÓNÍSÌ PARIS (hereinafter “the Seller”), a simplified joint-stock company with a share capital of 5,000.00 Euros registered with the R.C.S of Paris under number 919 598 045, whose registered office is located  at 131 Boulevard Pereire, 75017 Paris, as part of the sale of the Products via the https://www.onisi-paris.com website  (hereinafter the “Site“).

1. Object
2. Products and compliance
3. Obligations of the customer
4. Order(s) placed via the Site
5. Availability of Catalog Products
6. Price
7. Payment
8. Retention of title
9. Delivery
10. Exchanges and returns of Product(s)
11. Warranties and Liability
12. Protection of personal data
13. Intellectual property
14. Force majeure
15. Partial invalidity of a clause
16. Accessibility and updates of the GTC
17. Amicable and extrajudicial settlement
18. Applicable law and competent jurisdiction
19. Contact

1. Object

These GTC are intended to define:

1. on the one hand, the contractual relations between ÓNÍSÌ PARIS and the Customer, and
2. on the other hand, the conditions applicable to any purchase made through the Site.

2. Products and compliance

The products for sale on the Site are those that appear in the catalog published on the Site (hereinafter the “Product(s)“).

The Products sold through the Site, thus excluding any custom creation made outside the framework of the Site, are antique jewelry and must therefore be considered as second-hand goods.

The Products offered for sale are presented on the Site and accompanied by a description. The Customer is therefore required to consult the description of each Product in order to know its condition.

The Products offered by ÓNÍSÌ PARIS comply with the legislation in force, in particular the legislation concerning the trade in precious metals and precious stones (see Article 11 – Guarantees and liability below).

The photographs in the catalog are as faithful as possible and try to ensure a perfect similarity with the Product offered, especially regarding colors.

3. Obligations of the customer

In order to be able to order on the Site, the Customer of the Site must be of legal age and legally capable.

The Customer undertakes to communicate to ÓNÍSÌ PARIS the real information necessary for the realization of the sale of the Products of these GTC as requested online and according to their situation, in particular their surname, first name, postal address, telephone and e-mail.

The information communicated by the Customer to ÓNÍSÌ PARIS as part of the opening of their account and during each of their orders must be complete, accurate and up-to-date. ÓNÍSÌ PARIS excludes any liability for the consequences arising from information transmitted by the Customer that proves to be false or inaccurate or whose recovery would be unlawful.

ÓNÍSÌ PARIS reserves the right not to follow up on an order if the Customer does not comply with the conditions set out in this article or in the GTC.

The Customer can modify their data via the “My Account” section.

4. Order(s) placed via the Site

The order(s) are made from the catalog available on the Site. The Customer can select the Product of their choice by clicking on “Add to cart“. The Customer finalizes their order by clicking on “Proceed to payment” (or equivalent key).

At any time, the Customer may:

1. Check the Products in their basket: their quantity, their amount and the detailed information on each of them by clicking on “My basket“;
2. Modify or cancel the order of a Product on the summary page “My basket“;
3. Continue its selection of Products;
4. Validate their order by clicking on “Proceed to payment” on the “My basket” page displayed after the validation of the addition from the Product description sheet.

To place and validate the order, the Customer, after filling their virtual basket, then clicks on “Proceed to payment” and provides information relating to delivery and payment method.

Before confirming the order, a summary is made available to the Customer, allowing him to check the details of their order and its total price and to return to the previous pages to correct any errors or modify their order. The delivery price is also communicated before the validation of the order (see articles 6 – Price, 7 – Payment, and 9 – Delivery below).

The confirmation of the order entails acceptance of the GTC and forms the contract. Any order will only be validated after acceptance of payment.

ÓNÍSÌ PARIS reserves the right to refuse, cancel and terminate orders at any time for legitimate and legal reasons.

ÓNÍSÌ PARIS reserves the right to cancel or refuse an order in case of difficulty encountered and possibly a dispute with the Customer on a previous order.

In these cases, ÓNÍSÌ PARIS will inform the Customer by phone or email.

5. Availability of Catalog Products

ÓNÍSÌ PARIS accepts orders within the limits of available stocks; it informs the Customer of the availability of the Products offered on the Site at the time of confirmation of the order. Are considered available and can be sold to the Customer only the Products identified as such on the day of the order.

In the event that the Products presented on the Site are no longer available or on sale at the time of sending the order, ÓNÍSÌ PARIS promptly informs the Customer of the possible unavailability of the Products ordered.

In case of payment of the price already made, ÓNÍSÌ PARIS will proceed to one of the following two actions, according to the expressed wish of the Customer:

1. The refund of all sums advanced by the Customer for Products that have proven unavailable within a maximum period of 14 days; or
2. Upon delivery to the Customer of another Product of equivalent quality and price to that initially ordered, subject to the Express Agreement of the Customer.

6. Prices

The prices of the Products are displayed on the catalog of the Site in Euros, all French taxes included (French VAT and other taxes that may be applicable). The Customer can chose to switch to an automatic conversion to GBP or USD.

The prices displayed on the Site’s catalogue do not include:

1. order processing, transport and delivery costs. These costs will be indicated in the Customer’s basket, before the final validation of the order.
2. customs fees and other taxes. Customs fees and other taxes must be paid by the Customer directly to the carrier depending on the country of destination.

Prices may be modified at any time, without notice and in particular in the event of a change in tax or economic data. The Products will be invoiced on the basis of the rates in force at the time of registration of the order.

7. Payment

Full payment of the price and ancillary costs (for example: order processing, transport and delivery) must be made at the time of the order and payment must be made before delivery of the Product.

At no time can the sums paid be considered as a deposit or down payments.

The Customer pays for his order by credit card (Visa, Eurocard/Mastercard), or with his PayPal account.

For any transaction paid by credit card, the Customer will indicate the number on the front of his card, the expiry date of his card and the last three digits of the cryptogram on the back of his card. The communication by the Customer of his credit card number constitutes authorization for ÓNÍSÌ PARIS to debit his account up to the amount of his order.

For a delivery outside the European Union, the Customer must pay customs duties, or other taxes due on the occasion of the importation of the Products into the country of the place of delivery. The related formalities are also the sole responsibility of the Customer. The Customer is solely responsible for verifying the import possibilities of the Products ordered with regard to the rights of the territory of the country of delivery.

Payment in installments with Oney or Alma

Payment in instalments/deferred is available via our partners Oney and Alma for customers residing in the countries covered by this provider. The security of payments is ensured by Oney and Alma and its service providers. All payments are protected by 3D Secure.
Oney’s detailed T&Cs are available at the following link.

Amount of purchases

1. P3X: Only purchases between €10,00 and €3,000 are eligible for payment with Oney or Alma. 
2. P4X: Only purchases between €10,00 and €3,000 are eligible for payment with Oney or Alma. 

Oney and Alma

By paying in several installments with Oney the Customer does not pay any fees.

Oney and Alma are telepayment managers and issue an electronic certificate that will be proof of the amount and date of the transaction.Please note that any purchase made with Oney or Alma is final and cannot be returned.

Termination

Any termination of the GTC that binds the Seller and the customer, entails the termination of the GTCU between Oney and the customer.

8. Delivery

8.1 Country of destination

ÓNÍSÌ PARIS ships its Products to France, as well as the following countries : Albania, Andorra, Argentina, Australia, Austria, Belgium, Benin, Bosnia and Herzegovina, Brazil, Bulgaria, Canada, Chile, Colombia, Costa Rica, Croatia, Côte d’Ivoire, Denmark, Estonia, Finland, Germany, France, Gibraltar, Greece, Hungary, Iceland, Ireland, Israel, Italy, Japan, Jersey, Latvia, Liechtenstein, Lithuania, Luxembourg, North Macedonia, Malta, Mexico, Morocco, Martinique, Moldova, Monaco, Montenegro, Norway, Reunion Island, South Africa, Spain, United Arab Emirates, United States,  New Zealand, Netherlands, Peru, Poland, Puerto Rico, Portugal, Czech Republic, Romania, United Kingdom (Great Britain), San Marino, Serbia, Seychelles, Singapore, Slovakia, Slovenia, Sweden, Switzerland, Tunisia, Ukraine.

8.2 Customs and import taxes

Any customs and import taxes are the responsibility of the Customer.

8.3 Shipping and receiving packages

The Products are shipped in a package to the delivery address indicated by the Customer when ordering. Delivery cannot be made to hotels or post office boxes.

Unless expressly requested by the Customer, any shipment will be made by the French post services in Colissimo with signature according to the rate indicated at the time of the order. 

The order is delivered to the recipient against signature upon delivery.

At the time of receipt of the order, the Customer is required to verify the apparent conformity of the Products received with the order they have placed.

8.4 Delivery times 

The delivery times by geographical area are as follows:

France: 1-5 working days

Europe (excluding France): 3-8 working days

North America, Asia, Australia, Africa, Other: 5-15 working days

These times correspond to the average processing and delivery times, which can extend up to 30 days in exceptional cases. In order for these deadlines to be respected, the Customer must ensure that he has communicated accurate and complete information concerning the delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.). 

9.4 Insurance of the package shipped

Upon payment, the Customer has the option to ensure their package at a cost that depends on the total amount of the order.

In case of damaged parcels (already opened, missing jewels …), the Customer undertakes to notify the carrier and ÓNÍSÌ PARIS, by any means, any reservations within three (3) calendar days of receipt of the Product.

10. Exchanges and returns of Product(s)

10.1 Conditions for exercising the right of withdrawal

Buying a piece of jewelry on the internet, without being able to try it on, is not easy. It is for this reason that we offer you the possibility to return your jewelry to us against refund within 14 days after receipt of your order. The returns are free for France residents.

If you are a Customer residing in the European Union or the European Economic Area, you have a right of withdrawal from this Agreement. The withdrawal period expires after fourteen (14) calendar days from receipt by you, or by a third party (other than the carrier) indicated by you, of the Products of which you take physical possession, without having to justify reasons or pay any penalty, with the exception, where applicable, of the return costs.

However, in accordance with Article L121-20-12 of the Consumer Code, the right of withdrawal, as well as any refund request, cannot be exercised when the Product has been modified, adjusted or personalized at the request of the Customer in the case, for example, of a size adjustment requested by the Customer.

ÓNÍSÌ PARIS reserves the right to refuse the total or partial refund if the product subject to cancellation is not returned in its initial state: Products scratched, damaged, incomplete, modified, engraved or resized will not be accepted for return. Products paid with a fractionned payment solution such as Oney or Alma will not be accepted for return. ÓNÍSÌ PARIS can also accept the return and refund of a single piece of jewelry, in case of orders with several items.

Before the expiry of the withdrawal period, the Customer must inform ÓNÍSÌ PARIS of their decision to withdraw either by sending him the withdrawal form at the bottom of these GTC by printing it, or after having duly completed it, or by sending it by email clearly and unambiguously expressing this decision and mentioning the number of their order to contact@onisi-paris.com.

The return for clients residing in the European Union or the European Economic Area within 14 days is a free service, the return costs being borne by ÓNÍSÌ PARIS in France. Client outside this area will incur the return fees from their country to France.

For for clients residing in the European Union or the European Economic Area, the package you return to us is automatically insured by ÓNÍSÌ PARIS, so you do not have to take out additional insurance. However, be sure to keep the packing slip justifying that you have returned your order to us.

To know the procedure to follow in order to return your jewelry to us, contact us by email at the following address: contact@onisi-paris.com.

10.2 Withdrawal form

Please complete and return this form only if you wish to use your right of withdrawal in relation to an order.

11. Warranties and Liability

The Customer is solely responsible for the choice of the Products, their use and their compatibility with any other material. Under no circumstances can the Seller be held responsible for any damage occurring as a result.

The Products offered to the Buyer by the Seller on the Site comply with the French legislation and the European Standards in force. The Seller cannot be held liable in the event of non-compliance with the legislation of another country where the Products will be used by the Buyer, French law being exclusively applicable to the sale of the Products between the Seller and the Buyer in accordance with the article [complete after verification of the numbering] below. It is the sole responsibility of the Buyer to check with the local authorities the possibilities of importing or using the Products they plan to order.

The Seller cannot be held liable for damages of any kind, material, immaterial and/or bodily, which may result from misuse, abnormal use, negligence or lack of maintenance of the Products on the part of the Customer or a third party, as in the event of normal wear and tear of the Products. 

11.1 Legal guarantee of conformity

In accordance with Articles L217-4, L217-5 and L217-12 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. He is also liable for any lack of conformity resulting from the packaging when it has been charged to them by the contract or has been carried out under their responsibility. »

‘The property is in conformity with the contract:

(1) If it is fit for the use usually expected of 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 Client in the form of a sample or model;

– if it has the qualities that the Client can legitimately expect in view of the public statements made by the Seller, by the producer or by his representative, in particular in advertising or labelling;

2 ° 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 that the latter has accepted. »

‘The action resulting from the lack of conformity shall be time-barred by six months from the delivery of the goods, in accordance with the exception made for second-hand goods.»

11.2 Guarantee against hidden defects

In accordance with articles 1641, 1644 and 1648 of the Civil Code:

“The seller is bound by the guarantee in respect of hidden defects in the thing sold which renders it unfit for the use for which it is intended, or which so diminishes this use that the buyer would not have acquired it, or would have given only a lower price if he had known them. »

The Customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. He can choose cancelling the sale.

« […] the buyer has the choice to return the Product and have the price reimbursed, or to keep the Product and have part of the price returned.”

11.3 Guarantee for the sale of precious metals and precious stones

The Products sold by ÓNÍSÌ PARIS comply with the regulations in force in France relating to the sale of precious metals and precious stones. 

12. Intellectual property

All elements of the Site, including these GTC and the Privacy Policy are and remain the intellectual and exclusive property of the Seller. In general, all copyrights, trademarks and other distinctive signs and property or intellectual property rights appearing on the Site, will remain the full and entire property of ÓNÍSÌ PARIS.

The Site or any part of the Site may under no circumstances be reproduced, copied, redistributed, sold, used or exploited, in any capacity whatsoever, even partially, for any reason whatsoever, including for commercial reasons, whether software, visual or sound elements of the Site, without the prior, express and written authorization of ÓNÍSÌ PARIS.

Under no circumstances is the Customer authorized to download or modify all or part of the Site and in particular its content (image, photographs and composition of photographs, videos, concepts, packaging, texts, illustrations etc.).

The Customer is therefore bound to respect intellectual property rights and may not use the trademarks appearing on the Site and on the Products if necessary, or register a trademark that would harm the owner of the rights, unless otherwise contractually provided. The same applies to any other intellectual property right.

15. Partial invalidity of a clause

If one of the stipulations of these GTC is declared null and void or not enforceable by a competent court, it will be declared unwritten and will not result in the nullity of the other stipulations.

16. Accessibility and updates of the GTC

These GTC may be subject to modifications and updates; the date of the last update of the GTC is indicated at the end of these terms.

These GTC are permanently accessible on the Site at the following address in a computer format allowing their printing and/or downloading, so that the Customer can reproduce or save them.

The version of the GTC applicable to the order of a Product by a Customer are those in force on the day of the order.

17.  Amicable settlement and settlement of disputes

17.1 Amicable settlement

Any dispute must be the subject of a prior attempt at an amicable settlement between the company ÓNÍSÌ PARIS and the Customer, and this before any legal action. If no solution is found, a registered letter with an acknowledgment of receipt must be sent. The consumer can then choose another method of resolving the dispute.

17.2 Mediation of consumer disputes

Consumers residing in the European Union have the right to submit any complaints they may have to an entity responsible for alternative dispute resolution (ADR).

To find a list of ADR entities in your country, you can consult the European Commission’s Online Dispute Resolution platform  .

In the event of a complaint not amicably resolved, the Customer may use the CM2C mediation service, to which ÓNÍSÌ PARIS is a member, free of charge, electronically at the address cm2c@cm2c.net or by post: CM2C – 14 rue Saint Jean – 75017 Paris, in accordance with Article L. 612-1 of the Consumer Code. The Ombudsman’s Service may be seized for any consumer dispute whose amicable settlement has not been successful.

17.3 Judicial settlement

If the Customer has not been able to obtain an amicable solution, he may act before the courts, in case of refusal by the professional to perform his obligations (delivery, guarantee, refund, etc.).

18. Applicable law and jurisdiction

These GTC are subject to French law.

19. Contact

You can contact ÓNÍSÌ PARIS, by email at: contact@onisi-paris.com.