The present Terms and Conditions of Sale describe the rights and obligations of Lystale and of its Customer. They are freely accessible on the Lystale.com website and will prevail, if necessary, over any other version or any other contradictory document.

Any service provided by Lystale implies the unconditional acceptance of the Customer to these Terms and Conditions of Sale and the renunciation to rely on its own conditions of purchase. In case of non-acceptance of the present Terms and Conditions of Sale, the Customer must renounce access to the services and products provided by Lystale.

Lystale retains the right to occasionally modify its General Terms and Conditions of Sale to reflect any change in legal obligations. The modifications will be applicable as soon as they are published online.

If a condition of sale were to be lacking, it would be considered to be governed by the obligations applicable in France, in the distance selling industry.

The Customer acknowledges having been informed, prior to placing their order and concluding the sales transaction, in a legible and comprehensible manner, of the present Terms and Conditions of Sale in accordance with articles L111-1, L111-2 and L221-5 of the French Consumer Code.

The following information shall be transmitted to the buyer in a clear and comprehensible manner :

• The essential characteristics of the good or service, as well as those of the digital service or digital content ;
• The price of the good or service or its method of calculation (Articles L112-1 to L112-4 of the Consumer Code) ;
• In the absence of immediate performance of the contract, the date or period within which the seller or supplier undertakes to deliver the goods or perform the service ;
• Information concerning the identity of the seller or supplier, his postal, telephone and electronic contact details and his activities, as long as they are contextual ;
• The existence of and procedures for implementing legal warranties, in particular the legal warranty of conformity and the legal warranty for hidden defects, and any commercial warranties, as well as, where applicable, after-sales service and information relating to other contractual conditions ;
• The possibility of having recourse to a consumer mediator.

The products are described and presented with the greatest possible accuracy. However, Lystale cannot be held responsible for any errors or omissions in this presentation.

The photographs of the products are not contractual.

The products presented on the Lystale.com website are intended for all Customers residing in countries that fully authorise the entry of these products into their territory. It is the Customer’s responsibility to find out about the possible rules applied on his territory regarding importation.

Lystale retains the right to modify the product assortment at any time.

The Customer has the possibility to place an order on the Lystale.com website, from the online catalogue for any product, within the limit of available stocks.

The Customer will be informed of any unavailability of a product from the online catalogue, moreover, it will not be possible for the Customer to put the unavailable product in his basket.

To place an order, the Customer must :

• Go to the catalogue page of the online shop ;
• Go to the pages of the product(s) they wish to order ;
• Add the product(s) to their basket ;
• Go to the basket page and review the contents of the basket ;
• Create an account on the site using their e-mail address and a password chosen by the Customer ;
• Finalise their order by entering their delivery address, their billing address (if different from the delivery address) and the delivery method ;
• Finally, the Customer must validate their order by ticking the box indicating that they accept these Terms and Conditions of Sale and validate the payment method.

Before any order, the Customer must create a personal account on the Lystale.com website.

The account creation section is accessible directly from the menu at the top of the website. At each visit, the Customer, if he wishes to order or consult the account (status of orders, profile…), will have to identify with their information.

The sale will be considered final :

• After the confirmation of the acceptance of the order is sent to the Customer by Lystale by e-mail ;
• And after reception by Lystale of the totality of the price.

Any order implies acceptance of the prices and the description of the products available for sale. Any dispute on this point will intervene in the context of a possible exchange and warranties mentioned below.

In certain cases, notably non-payment, wrong address or other problem caused by the Customer, Lystale retains the right to withhold the Customer’s order until the problem is solved (see the article “Reservation of ownership”). In this situation, Lystale will inform the Customer as soon as possible by sending an e-mail to the Customer.

For any question related to the tracking of an order, the Customer can consult their account where the tracking number provided by the carrier is available, as soon as the products are shipped.

The online transmission of the Customer’s credit card number and the final validation of the order will be considered as proof of the Customer’s agreement.

In case of fraudulent use of the credit card, the Customer is invited, as soon as this use is noticed, to contact Lystale at the following e-mail address: reclamation@lystale.com.

The prices listed on the product pages of the Internet catalogue include all taxes, taking into account that Value Added Tax (VAT) is not applicable under Article 293 B of the French General Tax Code. Any change in the VAT regime may be reflected in the price of the products.

The prices are fixed in Euro (€) by Lystale. However, the Customer may, if wished, display the prices in a currency other than the Euro (€). The prices then displayed are automatically adjusted to take into account the exchange rate applicable on the day of the order. 

Lystale retains the right to set or modify the prices at any time, but undertakes to apply the prices, whatever the display currency is, indicated at the time of the order, depending on availability at that time. Prices are not negotiable.

 In addition, bank charges or customs clearance may apply to the purchase depending on the country from which the Customer places their order, Lystale cannot be held responsible for these additional costs.

Lystale retains the right to grant, modify, or remove any commercial privileges granted to the Customer through promotions, discounts, rebates or promotional coupon codes.

The promotions, discounts or rebates, when applied on the Lystale.com website, will be clearly displayed on the website, catalogue page and/or product pages and will be integrated into the price in Euros (€), or in the currency chosen and displayed by the Customer, on the product pages and/or the order page.

The promotional coupon codes issued by Lystale are for personal use, apply to prices in Euros (€), or in the currency chosen and displayed by the Customer, and can be limited in time. Only one promotional code can be applied per order. Expired promotional coupon codes will not be accepted.

No discount will be granted for early payment.

To proceed with the payment of his order, the Customer has, at its convenience, all the payment methods made available by Lystale and listed on the Lystale.com website on the payment page. The means of payment accepted, through the services of Stripe Payments UK Ltd and Paypal, are the following :

• Credit/Debit cards : Visa, Carte Bleue, Mastercard, American Express ;
• Apple Pay : if the Customer uses this service, the Customer accepts the Terms of Use of this service for which Lystale is not responsible. For more information, the Customer must visit the Apple Pay website ;
• Google Pay : if the Customer uses this service, the Customer accepts the Terms of Use of this service for which Lystale is not responsible. For more information, the Customer must go to the Google Pay website ;
• Paypal : if the Customer uses this service, the Customer accepts the Terms of Use of this service for which Lystale is not responsible. For more information, the Customer must go to the Paypal website.

The payment of the order will appear on the Customer’s bank statement with either the words “Lystale.com”, “Lystale” or “Stripe Payments UK Ltd”.

Any order placed on the website is an order with an obligation of immediate full payment, which means that the placing of the order implies a payment of the total amount from the Customer. Lystale will not honour any order if the payment method is rejected by the officially authorised organisations or in case of non-payment. Therefore, no late payment penalty will be charged to the Customer.

In the event of fraudulent use of the payment method, with justification, the Customer may request the cancellation of the payment, and the sums paid will then be credited back or refunded.

The Customer may, at their request, obtain an invoice at a different billing address from the delivery address by validating the option provided for this purpose on the order validation page. The invoice thus issued will be available on the Customer’s personal account on the Lystale.com website, and a copy will be sent by e-mail to the Customer.

The transfer of ownership and risks takes place upon delivery of the products. However, if the following two (2) conditions are met :

• The package is returned by the carrier for any reason and/or if the package is refused by the Customer ;
• The Customer does not respond to e-mails and contact requests from Lystale for a period of three (3) months.

Lystale retains full ownership of the products and can freely dispose of them. Lystale keeps the payments that the Customer has made and that have triggered the fabrication of the product. The Customer accepts to have no recourse to recover the sums paid or the unclaimed products after this period of three (3) months.

Preparation of the order

Except in cases of force majeure, in periods of great affluence or during periods of closure of the online shop, which will be clearly announced on the homepage of the website Lystale.com, the preparation time will be, within the limits of available stocks, and whatever the country of delivery, fourteen (14) working days maximum. The preparation times run from the date of registration of the order indicated on the email confirming the order to the time when the parcel is shipped. In the event of unavailability of the product ordered, the Customer will be informed as soon as possible and will have the option of cancelling the order and receiving a refund.

Delivery times

In metropolitan France

Orders are sent by the French Post Office via Colissimo, a delivery service with tracking and signature. Delivery times vary according to the delivery address provided by the Customer. Once the order has been dispatched, delivery is made within 2 to 3 days.

The delivery times are only given as an indication by the carrier, and do not imply the responsibility of Lystale. Delays in delivery cannot give rise to damages, withholding, reimbursement, or cancellation of orders in progress. However, if they exceed thirty (30) days from the order, and after having granted Lystale a reasonable additional time, the Customer may terminate the sales contract, and be reimbursed.

International orders

Orders are sent by the French Post Office via Colissimo, a delivery service with tracking and signature. For international orders (outside France), orders are relayed to the postal services of the country of delivery. Once the order has been shipped, delivery is made within 3 to 9 days.

The delivery times are only given as an indication by the carrier, and do not imply the responsibility of Lystale.

For a delivery outside the European Union, the Customer will have to pay the customs duties or other taxes due to the import of the products in the country of the destination. The related formalities are also the exclusive responsibility of the Customer. These rights and sums are not the responsibility of Lystale. It is the Customer’s responsibility to inquire about import duties with the competent authorities.

Tracking of the shipment

When the parcel is shipped, the Customer will receive a tracking number from Lystale. This number will be sent by e-mail to the Customer and will be available on his customer area, under the tab “my orders”.

The product received does not correspond to the product ordered

The Customer must formulate, with visual support, to Lystale the same day of the delivery or at the latest within seven (7) working days following the delivery, any claim of error of delivery and/or non-conformity of the products in kind compared to the indications appearing on the order. Any claim made after this period will be rejected. The claim must be made by e-mail, to the following address : reclamation@lystale.com.

Any claim not made in the rules defined above and within the time limits set will not be taken into account and will release Lystale from any responsibility towards the Customer.
Upon receipt of the claim, Lystale will assign an exchange number for the product(s) concerned and will communicate it by e-mail to the Customer.

The return of a product can only take place after the attribution of the return number.
In case of delivery error, any product to be exchanged or refunded must be returned to Lystale under the following conditions :

• The products must be returned in perfect condition, without having been worn. In particular, it is necessary that the sealed label attached to the product is still in perfect condition and has not been removed. Thus, items returned incomplete, worn, damaged or soiled will not be taken back under any circumstances. Products with scratches, even if discreet, can never be taken back. Similarly, products with unsealed tags cannot be accepted for return ;
• The products must not have undergone any modification, damage or intervention. The products must conform to the products that were sent to the Customer ;
• The products must be returned in their original packaging, complete (accessories, packaging, including gift box, case, instructions, etc.).

In this instance, the product received does not correspond to the product ordered, the return costs are covered by Lystale. Depending on the country of origin, the Customer must :

• Use the Colissimo return slip for returns from Metropolitan France & DOM TOM (Guadeloupe, Saint-Martin, Saint-Barthélémy, Martinique, French Guyana, Reunion Island, Mayotte, Saint-Pierre-et-Miquelon), Australia, Austria, Belgium, Croatia, Czech Republic, Estonia, Finland, Germany, Greece, Hungary, Ireland, Italy, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Switzerland and the United Kingdom ;
• For all other countries, the cost of return will be reimbursed by bank transfer to the Customer upon presentation of a return invoice to Lystale.

The Customer must ensure that the return of the products is carried out safely, without risk of deterioration of the products during transport. The products remain under the responsibility of the Customer during its transport, and this until reception of the parcel by Lystale. Thus, the damage suffered during the transport due to a bad packaging of the products by the Customer will not give rights to a refund.

Upon receipt of the products, Lystale will verify that the product is in perfect condition and complies with the conditions listed above. No product or order will be refunded if the return does not meet these conditions. The refund will be made within fourteen (14) days from the reception by Lystale of the returned products, and this, on the payment method used by the Customer at the time of the order.

If the return does not meet the above conditions, then the product(s) will be returned to the Customer, at their expense.

Damage during delivery

The products are delivered, according to the terms of the carrier, to the address indicated by the Customer upon checking out, the Customer must ensure its accuracy. Any parcel returned to Lystale because of an erroneous or incomplete delivery address will be reshipped at the Customer’s expense (see the article Reservation of Ownership).

The risks related to the transport are at the charge of Lystale from the moment the order leaves the premises of Lystale. If, despite Lystale’s precautions, at the time of delivery, the original packaging is damaged, torn, opened, the Customer must then check the condition of the items. If they have been damaged, the Customer must refuse the parcel and/or note a reservation on the delivery note.

If necessary, the Customer must formulate, with visual support, to Lystale the same day of the delivery or at the latest within seven (7) working days following the delivery, any complaint or damage suffered during transport, except if the parcel was refused by the Customer. Any claim made after this period will be rejected. The claim must be made by e-mail, to the following address : reclamation@lystale.com.

Each situation will then be studied by Lystale on a case by case basis, and will remain in accordance with the warranties provided below.

In accordance with the stipulations of Article L221-18 of the Consumer Code, the Customer has a period of fourteen (14) days from receipt of the order to exercise his right of withdrawal and request a refund of his order, without justification or penalties.

To exercise this right, the Customer may use the withdrawal form available on this link and must send it duly completed to Lystale by e-mail, at the following address : reclamation@lystale.com. The return request will only be effective from the moment Lystale acknowledges the reception in writing of your return request.

Returns are to be made to the address on the withdrawal form provided and under the following conditions :

• The products must be returned in perfect condition, without having been worn. In particular, it is necessary that the sealed label attached to the product is still in perfect condition and has not been removed. Thus, items returned incomplete, worn, damaged or soiled will not be taken back under any circumstances. Products with scratches, even if discreet, can never be taken back. Similarly, products with unsealed tags cannot be accepted for return ;
• The products must not have undergone any modification, damage or intervention. The products must conform to the products that were sent to the Customer ;
• The products must be returned in their original packaging, complete (accessories, packaging, including gift box, case, instructions, etc.).

The return costs are at the Customer’s expense. The Customer must ensure that the return of the products is carried out safely, without risk of deterioration of the products during transport. The products remain under the responsibility of the Customer during its transport, and this until reception of the parcel by Lystale. Thus, the damage suffered during the transport due to a bad packaging of the products by the Customer will not give rights to a refund.

Upon receipt of the products, Lystale will verify that the products are in perfect condition and comply with the conditions listed above (n°5 of article L221-28 of the French Consumer Code). No product or order will be refunded if the return does not meet these conditions. The refund will be made within fourteen (14) days from the reception by Lystale of the returned products, and this, on the payment method used by the Customer at the time of the order.

Exceptions :

In accordance with the exception n°3 of article L221-28 of the French Consumer Code, the right of withdrawal cannot be executed for products made according to the specifications of the Customer. This exception concerns products that have been subject to a choice on the part of the Customer : choice of a stone or a size. Therefore, rings made to size are non-returnable.

The Customer has a period of thirty (30) days from the receipt of the order to send a request for a resizing to Lystale.

Lystale offers the first resizing for each product purchased. A second resizing may not be technically possible and will be considered on a case-by-case basis by Lystale. Lystale reserves the right to refuse any resizing if the integrity of the product is threatened by it. Any resizing on a product which has already been resized will be charged to the customer after study by Lystale.

To request a resizing, the Customer must contact Lystale by e-mail, either by replying to his order confirmation e-mail, or, by putting a copy of the order invoice, on the following e-mail address : orders@lystale.com. The resizing request will only be effective from the moment Lystale acknowledges reception in writing of your resizing request.

The return costs are at the Customer’s expense. The Customer must ensure that the return of the products is carried out safely, without risk of deterioration of the products during transport. The products remain under the responsibility of the Customer during its transport, and this until reception of the parcel by Lystale. Thus, the damage suffered during the transport due to a bad packaging of the products by the Customer will not give rights to a refund.

If the products are damaged during transport, a quote for repair will be proposed to the Customer. If the Customer accepts the repair, they will be charged for the service. If the Customer refuses the repair, the product will be resized and returned as is.

The period of time for the resizing is three (3) to four (4) weeks. The product will be returned to the Customer at Lystale’s expense.

Legal warranty of conformity

Lystale guarantees the conformity of the products sold on the Lystale.com website in application of articles L217-4 and following of the French Consumer Code.

In accordance with article L217-5 of the French Consumer Code, the products are conform to the contract :

• If it is fit for the use usually expected of a similar product and, if applicable :
  • • If it corresponds to the description given by the seller and has the qualities that the seller presented to the customer in the form of a sample or model ;
    • If it has the properties that a customer may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, in particular in advertising or on labelling ;
• Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the customer, brought to the attention of the seller and accepted by the latter.

Thus, the Customer has a period of two (2) years from the delivery of the product to act.
The Customer will be offered either the repair or the exchange of the good, subject to the cost conditions provided for in Article L217-9 of the French Consumer Code.

To claim this warranty, the Customer must contact Lystale, with visual support, by e-mail at the following address : reclamation@lystale.com. Lystale will verify that the product is covered by the terms of this warranty and will notify the Customer. Lystale will then assign a return number for the product(s) concerned and will communicate it by e-mail to the Customer.

The return costs are paid by Lystale. Depending on the country of origin, the Customer must :

• Use the Colissimo return slip for returns from Metropolitan France & DOM TOM (Guadeloupe, Saint-Martin, Saint-Barthélémy, Martinique, French Guyana, Reunion Island, Mayotte, Saint-Pierre-et-Miquelon), Australia, Austria, Belgium, Croatia, Czech Republic, Estonia, Finland, Germany, Greece, Hungary, Ireland, Italy, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Switzerland and the United Kingdom ;
• For all other countries, the cost of return will be reimbursed by bank transfer to the Customer upon presentation of a return invoice to Lystale.

The application of this guarantee will be made within thirty (30) days from the receipt by Lystale of the returned product(s).

Exceptions :

• • • Damage resulting from an accident, obvious visible impact, mishandling, crushing, negligence, lack of care, deterioration due to contact with cleaning products, etc ;
    • Stretching of the chains is not considered a defect of conformity ;
    • Normal wear and tear: tarnishing is not considered a defect in conformity ;
    • We decline all responsibility for products that have undergone any kind of intervention outside the brand ;
    • Loss, theft ;
    • Any damage resulting, directly or indirectly, from the circumstances mentioned above as well as from inappropriate use.

These exceptions will give rise to a quote for repair. If the Customer accepts the repair, they will be charged for the service. If the Customer refuses the quote, the product will be returned at the Customer’s expense.

Legal warranty of hidden defects

In accordance with articles 1641 and following of the French Civil Code, Lystale is liable for any hidden defects that may affect the products sold. It is up to the Customer to prove that the defects existed at the time of the sale of the product and are of such a nature as to render the product unfit for the use for which it is intended. Lystale is not liable for apparent defects, of which the Customer could convince themselves, nor for defects of which Lystale was unaware.

Thus, the Customer has a period of two (2) years from the delivery of the product to act. It will be proposed to the Customer to return the products so that they are either repaired or reworked.

To invoke this warranty, the Customer must contact Lystale, with the necessary supporting evidence, by e-mail at the following address : reclamation@lystale.com. Lystale will verify that the product is covered by the terms of this warranty and will notify the Customer. Lystale will then assign a return number for the product(s) concerned and will communicate it by e-mail to the Customer.

The return costs are paid by Lystale. Depending on the country of origin, the Customer must :

• Use the Colissimo return slip for returns from Metropolitan France & DOM TOM (Guadeloupe, Saint-Martin, Saint-Barthélémy, Martinique, French Guyana, Reunion Island, Mayotte, Saint-Pierre-et-Miquelon), Australia, Austria, Belgium, Croatia, Czech Republic, Estonia, Finland, Germany, Greece, Hungary, Ireland, Italy, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Switzerland and the United Kingdom ;
• For all other countries, the cost of return will be reimbursed by bank transfer to the Customer upon presentation of a return invoice to Lystale.

The application of this guarantee will be made within thirty (30) days from the receipt by Lystale of the returned product(s).

The present Terms and Conditions of Sale are established in the French language, which can be found here. Only the French document shall be deemed authoritative in the event of a dispute.

Lystale’s responsibility cannot be called into question for the non-execution or the delay in the execution of one of its obligations as described in the present Terms and Conditions of Sale and resulting from a case of force majeure.

Will be considered as force majeure all facts or circumstances irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which could not be prevented by them, despite all reasonably possible efforts. The parties shall confer to examine the impact of the event and agree on the conditions under which the performance of the contract shall be continued.

Applicable law

The present Terms and Conditions of Sale are subject to the French law.
In the event of a dispute or claim, the Customer shall first contact Lystale to obtain an amicable solution by e-mail at the following address : reclamation@lystale.com.

Mediation

If the Customer has not obtained satisfaction after contacting Lystale directly, they may contact the Centre de la Médiation de la Consommation de Conciliateurs de Justice (CM2C) simply and free of charge by submitting their file electronically on the website https://cm2c.net/.

In accordance with Article 18 of Regulation (EU) 524/2013, the European Commission has established an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union.

This platform is accessible at the following link : https://webgate.ec.europa.eu/odr/.

Competent court

In the absence of an amicable settlement, the competent court is the Commercial Court of Bobigny, France.