Terms

TERM OF SALES

Welcome on Levanja.com!

Please read the following terms & conditions carefully before placing an order on our Website, as these will apply when you make a purchase from the Website.

ARTICLE 1: THE COMPANY

The present terms and conditions of sale (hereinafter, the “Terms and Conditions”) are those of LEVANJA, a French corporation (SAS) with a share capital of 3.000 Euros, incorporated under the laws of France, having its registered office 62, avenue Raymond Poincaré– 75116 Paris – France, registered with the Commerce and Company Registry of Paris under the number 841227721 (hereinafter, the “Company”).

ARTICLE 2:  SCOPE

The Terms and Conditions shall apply with no restriction or reservation to all sales concluded through the Company’s website www.levanja.com and its national variations (hereinafter, the “Website”) by customers having their principal residence in a country which is not already covered by one of the specific terms and conditions of sale applicable to such country.

The sales concluded through the Website and governed by the Terms and Conditions are reserved exclusively to orders made by customers who are adult natural persons acting as end-users (hereinafter, the “Customer”).

ARTICLE 3: ACCEPTANCE OF THE TERMS AND CONDITIONS

By submitting an order through the Website and checking the box “I have read and I agree with the Terms and Conditions”, the Customer unconditionally agrees to the Terms and Conditions, excluding any other conditions, said conditions being viewable at the time the Client checks the box.

Any written document contained in particular in the documents issued by the Client (including the order) may not prevail over these General Conditions of Sale without the prior express written agreement of LEVANJA.

It is specified, where necessary, that the Client may save or print these General Conditions of Sale, on the condition nonetheless that they are not modified.

The version of the General Conditions of Sale available online on the Website shall prevail, where applicable, over any other version of these General Conditions of Sale, with the exception of modifications which may be made following acceptance, in accordance with the common law.

The Company reserves the right to modify or update the Terms and Conditions from time to time. The customer will not be given notification of any such changes. In such case, the updated version will be available on the Website. The Terms and Conditions applicable to an order are those in force at the time such order was made by the Customer.

ARTICLE 4: ORDERS

4.1 Creation of a Customer account

At the time of the first order, the Customer may create a Customer account on the Website. In order to do so, the Customer will be required to provide personal details, among which the ones which are mandatory will be designated by an asterisk. In order to open the Customer account, the Customer must provide a username and a password. The Customer may also decide to place an order as a guest, without creating an account.

4.2 Purchase order

The Customer shall follow all the steps described on the Website in order to purchase the products. The Customer shall, first, add the selected products to the list of his shopping items, identify himself and provide the address for delivery and the selected method of payment. Information concerning the main characteristics and the prices of the selected products is provided before the placing of the order by the Customer.

The Customer shall, at all times before confirming his order, check that all the details he provides are correct, as well as the price of his orders. Once the order is confirmed by the Customer, it cannot be modified by the Customer. Once placed and accepted by the Company as set of in Article 4.3, the Customer may not cancel any order. Notwithstanding the foregoing, in the event a product is unavailable, the Company will inform the Customer by email, which email will, if applicable, specify if such product will be available later.  If the product is indefinitely unavailable or if the Customer does not wish to wait for the product to become available, and if, and only if, a payment has been made for such product, the Company will reimburse the purchase price the Customer paid for the product.

4.3 Acceptance of the order

The Customer’s order constitutes an offer to the Company to buy a product. All orders are subject to acceptance by the Company.

After the Customer places the order, he will receive an email acknowledging his order has been received. This does mean that we have confirmed the order. Only after the credit cards details have been approved, you will receive a second email from us confirming your order. The sale contract will only be formed at that moment. The Company reserves the right to refuse an order if the Customer’s bank or other financial institution does not authorize the payment. The Company also reserves the right to refuse an order for any reason and, in particular, in cases where the product is unavailable, if a dispute has occurred between the Customer and the Company in the past, or if the Customer failed to pay a past order.

If an outstanding debt occurs for fraudulent use of credit card reason, LEVANJA reserves itself the right to record all details linked to this Order, within a payment incidents file. Any irregular declaration or anomaly can also be specifically treated.

According to the information delivered by the Order system analysis, LEVANJA may contact the Customer if any complementary piece is necessary. Supplying those pieces will be a sine qua non condition to validate the Order.

 

4.4 Liability of the Customer

The Customer is responsible for all information provided. In case there is a mistake in any information provided by the Customer and that is necessary for the good delivery of the parcel (name, delivery and billing address, phone number, access codes), he shall be responsible for all consequences resulting from such mistake, and in particular in case of loss of the ordered products.

 

ARTICLE 5: INFORMATION ON PRODUCTS

5.1 Description of the products

LEVANJA selects meticulously each designer whose products are available on the Website.

The Company shall not be liable for any mistakes made in the presentation of the products on the Website, as long as the delivered product complies with its written description on the accepted order. All the photographs, pictures and reproductions presented on the Website are provided for the Customer’s information only. The Company shall not be liable in the event of insubstantial differences between the presentation photos of the products on the Website, wordings and illustrations and the products ordered.

LEVANJA shall also do its best to ensure that the color and details of the Products whose photos are displayed on the Website are faithful to the original Products.

Indeed, some jewels offered on the e-shop are handmade, so any piece can be unique, and the delivered product may slightly differ from the fashion piece of jewelry taken in picture.

This can be the case with jewelry made with pearls, natural stones or feathers.

5.2 Availability

Products may be purchased only if they are displayed on the Website and available when the order is accepted by the Company. In the event a product is unavailable, the Company will inform the Customer by email. Where appropriate and possible, the email will specify the date on which the product will be available. If the product is definitely unavailable or if the Customer does not wish to wait for the product to be available, the Company will reimburse the price of the product, if a payment has been made.

ARTICLE 6: PRICES

Prices displayed on the Website are quoted in Euros (EUR), not including applicable taxes and excluding delivery charges subject to Article 9 of these Terms and Conditions. Delivery charges shall be notified to the Customer at the time he makes his order. The total amount of the order is notified to the Customer before final confirmation by the Customer. Your credit card issuer might charge a currency conversion fee. Please note that the currency conversion fee is non-refundable. The Company reserves the right to modify at any time the price of the products. The invoice price is the one in force at the time the order is accepted, subject to availability of the products. The Customer will receive an electronic confirmation invoice for each product price and delivery cost that he assumes.

ARTICLE 7: PAYMENT

7.1 Forms of payment

The Company accepts only the following forms of payment:

– Credit card:  the only credit cards accepted are from Visa, American Express and Eurocard/Mastercard.

– PayPal payment service.

For any credit card payment, the Customer guarantees to the Company that he is the owner of the card and that the name written on the card is his name or that he has been authorized by the owner of the card to use it for the payment of the order. The Customer shall provide the card details, date of validity and security code allowing the use of the card for payments.

7.2 Security of payments

The Company uses a secure online payment system for credit cards and keeps confidential all banking details by encrypting all payment card data during their transmission.

DATA SECURITY AND ENCRYPTION

The Customer is reminded that LEVANJA never has access to confidential information about the method of payment.This is why the Purchaser’s bank details are asked for each Order.

Only PAYPAL has the confidential information (card number, validity date) which is inaccessible to third parties.

 

ARTICLE 8: RETENTION OF TITLE

The Company shall retain ownership of the products until full settlement of the price by the Customer. The payment is effective when the money is actually received by the Company. In case of failure to pay, in whole or in part, the Company may, without prior notice, claim back the products delivered by the Company to the Customer or to any other beneficiary. The products will be at the Customer’s risk from the time of delivery.

ARTICLE 9: DELIVERY

9.1 Place of delivery

Delivery may occur only at the delivery address provided by the Customer during the order and accepted by the Company. The Company reserves the right to refuse to deliver products to PO boxes or to any other invalid or temporary address.

The Company delivers to the following countries:

– France (excl. Guadeloupe, French Guiana, Martinique, Réunion, Mayotte, Saint Pierre, Wallis and the Futuna Islands,and New Caledonia), Corsica and Monaco

 

Europe :

– Germany (excl Heligoland Islands and Busingen)

– Belgium

– Luxembourg

– Netherlands (excl. Aruba and the territories of the (Dutch) Antilles)

– Austria

– Spain (excl specific territories : Ibiza, Mayorca, Minorca, Andorra, Canary Islands , Ceuta, Melilla )

-Portugal (excl specific territories)

– United Kingdom (excl. Isle of Man, Isles of Scilly, Channel Islands, Shetland Islands, Jersey, Guernsey and Gibraltar)

– Ireland,

-Italy (hors Vatican City, Campione d’Italia, Livigno, San Marino)

– Denmark ((excl. Faroe Islands and Greenland))

– Estonia,

– Hungary,

– Latvia,

-Lithuania,

– Poland,

– Czech Republic,

– Slovakia,

-Slovenia,

– Sweden,

– Switzerland,

– Cyprus,

– Croatia,

– Finland,

– Greece,

– Iceland

– Malte,

– Norway (excl. Svalbard)

– Roumania

 

International :

– Brazil,

– Canada,

– United States,

– Australia,

– China,

– South Korea,

– Japan,

– Hong kong,

– Russia,

– Singapore

– Israel,

– Marocco,

– Libanon.

 

 

9.2 Delivery charges

France: 8,90€

Europe:12€
International: 28€

 

9.4 Delivery timing

France: home delivery, signed by addressee for upon receipt within 48h.

Europe: home delivery, signed by addressee for upon receipt.
indicative delivery delays : D+3 to D+7 according to the delivery zone.

iNTERNATIONAL:delivery signed by addressee for upon receipt.
Indicative delivery delays: D+5 à D+10

An indicative date for the delivery of the products will be provided on the overview Website page presented to the Customer before the definitive confirmation of the order. This date will be confirmed at the time of the acceptance of the order by the Company.

 

ARTICLE 10: RISK TRANSFER, RIGHT OF WITHDRAWAL, RETURN AND REFUND POLICY

 

10.1 Risk transfer

The Customer must verify his parcel and product conditions as soon as the delivery is done.

The Customer has 48 hours, from delivery date (the date of delivery of the parcel, as indicated by the carrier’s website used by Levanja being the valid date) to aware LEVANJA (via info@levanja.com) if he has any claim or demand concerning products conformity.

If he did not do it within this delay, the products will be considered as conform (without visible defect).

In order to validate and justify his claim, the Customer needs to send any supporting proof or document in his email to LEVANJA. If the Customer does not follow this step, LEVANJA cannot receive or accept any claim.

When this process is done and the Customer’s request is validated by LEVANJA, the Website will replace the product whose all defects have been duly proven by the Customer.

If this product is not available anymore on the Website, LEVANJA can offer two options upon good reception by LEVANJA of the defective product:

–       Sending a voucher by email,

–       Or refunding the Customer the price of the Product

 

 

10.2 Legal fourteen day cooling off period

In accordance with article L121-21 et seq. of the French Consumer Code, when applicable, the Customer has fourteen working days (the date of delivery of the parcel, as indicated by the carrier’s website used by Levanja being the valid date) to cancel his purchase without giving any reason and without penalty, but he will support the cost of return.  Please note that the Company will not refund customs duties and sales taxes for orders sent to destinations outside of the European Union.

 

When this delay is expired, the Customer cannot withdraw his order anymore.

In order to use his right of withdrawal, the Customer must notify the Website in the most clear way, without any ambiguity, by electronic mail (at info@levanja.com). The customer is free to use the form available on the Website.

The Customer must notify his Name, address, and at what date the product was delivered.

 

10.3 Effect of right of withdrawal

 

–       Product return:

LEVANJA sales items are handmade pieces. In our efforts to continually improve our customer service, we accept returns.

The Customer must return the cancelled items to the Company no later than 14 days from the day on which he has notified his decision to cancel the order, in accordance with the conditions set out below. The product shall be returned in its original packaging, in perfect conditions, in full, along with the delivery receipt to the address provided by the customer service and following the instructions given by the customer service. Any products that are damaged, incomplete, used, worn, washed, soiled or returned with a damaged original packaging, will not be taken back or exchanged by the Company. If the products are broken, the Company may also not take back the products.

The Customer’s responsibility will only involved with regard to the product depreciation resulting from other manipulations than those necessary to use the product in a proper manner.

The Customer can only send back the product by using a delivery carrier company that allows a traceability and tracking of parcels.

The cost of return delivery are assumed by the Customer.

If those conditions are not fulfilled by the Customer, LEVANJA will not accept any return.

–       General refund policy

The Company will process the refund due to the Customer when the products are received back, using the same payment means than for the purchase.

IMPORTANT: The Company will not refund customs duties and sales taxes for orders sent to destinations outside of the European Union. Depending on the country to which your order was sent, you may be able to contact your local customs bureau directly for a refund of these costs. Please take note that for orders sent to destinations outside of the European Union where deliveries have been refused by the Customer or the Customer was not available to receive the delivery, the Company will not refund customs duties and sales taxes.

Please note that for certain banks it can take up to 10 working days to process refunds on a credit card. The refund processing time depends on the card issuers and the Company is not in a position to rush the refund process.

ARTICLE 11: WARRANTY AND LIABILITY

The products sold on the Website are subject to the terms of French legal warranties provided for in Articles L211-4 to L211-13 of the French Consumer Code and in articles 1641 and 1648 of the French Civil Code to the exclusion of all and any other warranties:

– French legal warranty of conformity: the Company shall deliver to the Customer products which conform to the contract and are exempt of any lack of conformity at the time of delivery, in the sense that the products shall be of satisfactory quality and fit for the purpose for which goods of the same type are normally used and comply with the specifications agreed on at the time of the acceptance of the order. This warranty shall only take effect on condition that the Customer requests it within two (2) years of delivery of the product.Any lack of conformity which emerges within six (6) months of the delivery date is presumed to have existed at the time of delivery, unless there is evidence to the contrary;

– French legal warranty against hidden defects: The Company shall deliver to the Customer products which are exempt of any hidden defects which render them unfit for the use for which they were intended, or which so impair that use that the Customer would not have acquired them, or would only have given a lesser price for them, had he known of such defects. This warranty shall only take effect on condition that the Customer requests it within two (2) years of detecting the defect.

In all cases it is the responsibility of the Customer to prove that he duly fullfils the conditions of the warranty.

The Company will not be liable for losses that are not the result of a direct error on the part of the Company, in particular in the event of fault of the Customer or in the event of an unforeseeable and insurmountable fact of a third party to the sale contract.

ARTICLE 12: CUSTOMER SERVICE

All requests related to the Website, orders, the Customer account, information about the products, order tracking, requests related to the return and the refund of products, must be addressed to the Company’s customer service (info@levanja.com), using the relevant details provided on the Website to that purpose.

When using the Website, the Customer accepts that communication with the Company will be mainly electronic.  The Company will contact the Customer by e-mail or provide the Customer with information by posting notices on the Website.  For contractual purposes, the Customer agrees to this electronic means of communication and the Customer acknowledges that all contracts, notices, information and other communications that the Company provides to the Customer electronically comply with any legal requirement that such communications be in writing. This condition does not affect the Customer’s statutory rights.

ARTICLE 13: INTELLECTUAL PROPERTY RIGHTS

The Company is the holder of all copyrights on the content of the Website. All its trademarks, logos, domain names, downloadable documents, graphics, videos and all distinctive signs shall be considered as intellectual works on which the Company owns all intellectual property and commercial rights.

Any representation, reproduction, disclosure, distribution, translation, diffusion, modification, transcription, whether partial or complete, in any manner whatsoever, is strictly prohibited without the Company’s prior express authorization. Copying any of the elements of the Website is allowed for information purposes only and for a private use. In any other cases, any reproduction and/or representation of the Website requires the express prior consent of the Company. Any authorization requests shall be addressed by email: info@levanja.com.

All the trademarks appearing on the Website are registered trademarks which are consequently protected. Any use of these trademarks requires the express prior consent of their owner. Any unauthorized use is an infringement sanctioned by law.

The user is not authorized to put on his own website a hyperlink towards the Website or any of its pages without the express prior consent of the Company. Any authorization requests shall be addressed by email: info@levanja.com.

 

ARTICLE 14: PERSONAL DATA

Personal information — such as name, surname, email address, telephone number, delivery address, billing address, and credit card numbers — provided by the Customer is necessary for processing orders, delivering, invoicing and enforcing the sales agreement. If the Customer does not provide this information, the order will be cancelled. By registering on the Website, the Customer undertakes to provide sincere and true information.

The company will not disclose, sell or transfer Customer information to third parties for processing specific to them, without the Customer having given his express consent. However, the company may be required to transmit the Customer’s personal information to an agency for prevention against fraud in order to carry out banking security checks.

Personal data can be transmitted to third parties without the prior consent of the Customer, if the disclosure is legally required or necessary (for example, at the request of the police force, judiciary and other bodies).

In accordance with the Data Protection Act of 6 January 1978, the collection and processing of personal data is subject to the Commission Nationale de l’Informatique et des Libertés (CNIL) declaration, registration number 1503539.

The Customer has the right to access, rectify and oppose on all the data entered into the Website by carrying out his claim and proof of identity. To exercise this right, the Customer must send an electronic mail with that purpose to the following address: info@levanja.com.

The Customer may at any time modify their personal information by visiting the Website, clicking on “access my account” and identifying themselves with their email address and password.

The Customer accepts, by making orders through the Website, to receive promotional emails from the company. If the Customer accepts, he may also receive similar emails from the company’s partner firms. If the Customer wishes to stop receiving such promotional emails, he must click on the link provided for that purpose at the bottom of the emails.

ARTICLE 15: MISCELLANEOUS

15.1 The fact that the Company may not exercise one of its rights on the basis of the Terms and Conditions shall not be interpreted as a waiver to such rights. A waiver by the Company of any default by the Customer will not constitute a waiver of any subsequent default. No waiver by the Company of any of the Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated to the Customer in writing.

15.2 In case one of the clauses of the Terms and Conditions is declared to be null and void, in whole or in part, this will not affect the validity of the other clauses and rights resulting from the Terms and Conditions, which remain applicable to the fullest extent permitted by law.

ARTICLE 16: FORCE MAJEURE

The Company will not be liable or responsible for any failure to perform, or delay in performance of, any of the Company’s obligations caused by events outside of the Company’s reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond the Company’s reasonable control and includes in particular (without limitation) the following: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; and the acts, decrees, legislation, regulations or restrictions of any government. The Company’s performance under the Terms and Conditions is deemed to be suspended for the period that the Force Majeure Event continues, and the Company will have an extension of time for performance for the duration of that period.

ARTICLE 17: APPLICABLE LAW AND JURISDICTION

The Terms and Conditions are governed by the laws of France. In the event of any disputes resulting from the order or the delivery of the products sold through the Website, the Customer shall contact first the Company to reach an amicable settlement. If no amicable settlement is reached, the Courts of Paris, France have exclusive jurisdiction, unless the European Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters applies.

In case the above mentioned European Regulation applies:

– The Customer may bring a claim to enforce its consumer protection rights in connection with these Terms and Conditions of Sale before the courts in France or in the member state of the European Union in which the Customer lives.

– The Company may file a claim before the courts where the Customer is domiciled.

 

ARTICLE 18 – COOKIES

18.1 When visiting the website, information on the Client’s browsing of the Website may be stored in “cookies” installed in the computer or the Client’s mobile termination, depending on the choices expressed concerning cookies which can be modified at any time.

Cookies are alphanumeric identifiers that are transferred on to the Client’s hard drive by your internet browser, to allow the system to recognise the Client’s browser and offer adapted services.

Cookies are used by LEVANJA to memorise Client preferences, optimise and improve the use of the Website by the Client by providing content that is more specifically adapted to his or her needs.

Cookies are used to:

Identify the Client when he or she connects to the Website.
Determine the parameters of the Client’s Internet browser, such as the type of browser used and the plug-ins installed.
Memorise the Purchaser’s “shopping cart” and purchase options.
Know what products are searched and bought on the Website by the Purchaser to offer him or her tailored suggestions.No personal data is collected as part of this activity. Only statistical data is collected and analysed for the purpose of optimising the Website.
Some cookies are installed until the Client closes the browser; others are kept for longer.Cookies are kept for a maximum duration of 15 days.

The “Help” section on the toolbar of most browsers mentions how to reject new cookies or to get a message which notifies you when they are received, or even how to deactivate all cookies.

18.2 Only the issuer of a cookie may read or modify the information it contains.

When you connect to LEVANJA, we may have, subject to your choices, to install various cookies in your terminal, allowing us to recognize your terminal browser throughout the duration of validity of the cookie concerned.The cookies we issue are used for the purposes described below, subject to your choices, which result from the parameters of your browser software used during your visit to our website.

Several possibilities are offered to the Client to manage cookies.Any Client configuration on the use of cookies may modify his or her Internet browser and the conditions of access to certain services requiring the use of cookies.

The Client may choose at any time to express and modify his or her choices relating to cookies, through the methods described below.

The Client may configure his or her browser software so that cookies are stored in his or her terminal or, on the contrary, that they are rejected, systematically or depending on their issuer.The Client may also configure his or her browser software so that the acceptance or refusal of the cookies is suggested to him or her regularly, before a cookie can be stored in the terminal.

18.3 Behaviour cookies

To date, LEVANJA does not collect or process personal “behaviour” information about the Client, such as is defined in Order no. 2011-1012 of 24 August 2011 on electronic communication.

Any setup of behaviour cookies on the Website by LEVANJA shall first be subject to the express prior authorisation of the Client.