Version in force from October 10th, 2016
ARTICLE 1: Purpose
- These terms and conditions of sale specify the rights and obligations of the web user (hereafter the “Customer”) in respect of the products sold in the electronic catalog of the aureliebidermann.com website (hereafter the “Website”) within the framework of a distance selling system.
- The contract established in the case of an effective order made within the framework and according to the conditions set forth in these terms and conditions, is that of the regulation on distance selling, pursuant, in particular, to the Consumer Code, as well as the specific provisions set forth below.
- The order implies irrevocable acceptance of the terms and conditions. The Customer states that (s)he has the capacity to enter into this contract, i.e. (s)he is of legal age and not under guardianship.
- The Customer's full acceptance of these General Terms and Conditions of Sale involves ticking the box "I accept the general terms and conditions of sale". Ticking this box will be considered as having the same value as a handwritten signature by the Customer.
ARTICLE 2: Identification of the offeror
The offeror is:
AURELIE BIDERMANN – SAS AMS Design (hereafter the “Company”)
Registered address: 217, rue Saint Honoré 75001 PARIS
SIRET No.: 82220463200035
Capital Stock: EUR 3 000 000,00
VAT No.: FR35 822 204 632
Tel: +33 (0)1 40 41 67 10
ARTICLE 3: Products
- The products offered for sale are those listed on the Website on the day that the Website is accessed by the Customer.
The Website does not sell products which are used, defective or inferior to market standards. Some of our pieces are unique; others may be made from natural stones.
- We draw the Customer's attention to the fact that the photographs illustrating our products may differ slightly from reality due to the Customer's screen settings and the lighting when the photo shoot took place.
Furthermore, as these are artisanal creations, the items may have irregularities in finish or differences in format and/or colors, all of which are inherent to this type of production and cannot be considered to be major defects. The Company’s liability cannot be sought and the validity of the order cannot be affected in respect thereof.
- The photographs, graphics and descriptions of the products offered for sale are purely indicative and not binding upon the Company. Customers may obtain further information by contacting Company’s Customer service team.
ARTICLE 4: Prices
The prices displayed are indicated in Euros or US dollars (USD), depending on the delivery country selected by the Customer.
4.1 Prices in Euros
- The prices in Euros are displayed inclusive of all taxes, excluding postage charges.
- In the case of products to be delivered outside French territory, and when the currency associated with the delivery country is the Euro, all customs taxes and formalities are the responsibility of the Company. It is specified that the prices displayed on the Website will be billed inclusive of all customs taxes. These prices are to be understood as DDP ('Delivery Duty Paid'). The Company will pay the freight forwarder importing the product all the fees associated with customs duties and formalities, as well as the applicable import taxes.
4.2 Prices in dollars (USD)
- In the case of delivery to the United States or Canada, prices will be shown inclusive of all taxes, excluding postage charges.
- Customs taxes and formalities are the responsibility of the Company. It is specified that the prices displayed on the Website will be billed inclusive of all customs taxes. These prices are to be understood as DDP ('Delivery Duty Paid'). The Company will pay the freight forwarder importing the product all the fees associated with customs duties and formalities and the import taxes applicable to the United States
- In the case of product delivery to a country associated with the US dollar currency, outside of the United States and Canada, customs taxes and formalities are the sole responsibility of the Customer, unless otherwise stated. The Customer thus undertakes to check the possibility of importing the products ordered to the delivery country. Delivery is therefore on a DDU (Delivery Duty Unpaid) basis. The recipient will be obliged to pay all the import or local taxes applicable to his/her order.
ARTICLE 5: Orders
- It is not necessary to create a personal account to submit an order via the Website. The Customer also has the option of ordering using the "instant checkout" form provided on the Website and following the instructions.
- After checking the content of the order, and the total cost thereof (products ordered, shipping charges, optional services), and correcting any errors, the Customer shall definitively confirm it at the payment stage. This confirmation shall have the value of entering into a contract.
- Once the contract is concluded, the Company will email the Customer a receipt for the order, containing a summary of the information entered in the order form, and a link to a return form. The invoice for the order will also be provided as an attachment to the e-mail sent to the Customer.
- The languages in which the contract can be concluded with the aureliebidermann.com website are French and English.
ARTICLE 6: Payment methods
- For payment of product prices and shipping costs, the Customer shall follow the procedures indicated in the order form.
- The Customer has the option to pay by debit or credit card, Paypal or bank transfer. The following cards are accepted: Carte Bleue, MasterCard®, Visa®, American Express® and JCB®.
- In the case of payment by bank transfer, the Customer has ten (10) business days from confirmation of the order to transfer the agreed amount. A reminder will be sent to the Customer within 8 days if the expected sum has not been received in the bank account of the Company. The order may be canceled if the purchaser does not make the transfer within the stated deadline.
- In case of payment by PAYPAL, the Customer expressly acknowledges having read and accepted the general terms and conditions of PAYPAL, which is solely responsible for processing the personal data related to the payment method entered by the Customer.
- Upon payment, the bank will request personal information about the Customer to verify the identity of the cardholder and validate the transaction. The Customer shall provide his/her credit/debit card number, according to the type of card, the expiration date thereof and the security number (3-digit number on the back of the card).
- The Customer guarantees the seller during the validation of his/her order, that (s)he is in good standing with the issuer of the credit/debit card.
- The financial information shall be transferred via an encrypted protocol to Paypal or to other banks providing services related to remote electronic payment without third parties ever gaining access thereto.
ARTICLE 7: Delivery
7.1 Shipping times
7.1.1 Jewelry Collection shipping
- All products sold in the Website belong to the Jewelry collection except those belonging to the "Fine Jewelry" category.
Availability and shipping time:
- The immediate availability of Aurélie Bidermann products is guaranteed if an "Add to Cart" button appears on the product sales page at the time of purchase.
- Any order submitted via the Website will, usually, be processed and shipped within 24 hours of receipt of payment (excluding weekends and holidays) unless we indicate otherwise. An email will be sent to confirm both the processing and shipping of the order.
7.1.1 Fine Jewelry Collection shipping
- All jewelry under the "Fine Jewelry" category in the Website belongs to the Fine Jewelry Collection.
Availability and shipping time:
- The products in the "Fine Jewelry" line are produced only in very limited quantities by our fine jewelry workshops located in Paris. Therefore, it is possible that the piece that the Customer wishes to buy is not in stock, even though the words "Add to Cart" are displayed on the Website. If applicable, the Customer will be notified and the piece will be made to order by our workshops.
- The attention of the Customer is drawn to the fact that shipping times may vary from a few days - if the product is in stock - to 6 weeks, depending on the production time and complexity of the requested pieces. This time frame may increase to 10 weeks for the following pieces: "Belt" theme Cuff, Bracelet and Ring.
- We strive to reduce this period as much as we can and invite the Customer to contact our customer service team to inquire about the real-time availability of our Fine Jewelry products.
7.1.2 Shipping of Special Orders
- So-called "special" orders include personalization of jewelry (including engraving) and the creation of bespoke jewelry. Any purchaser wishing to make a special order is invited to contact our Customer service team to discuss the feasibility of his/her request, get a quote and find out shipping times.
- In accordance with article L221-28 of the French Consumer Code, products for these special orders can not be exchanged or refunded.
7.2 Delivery times
- The Website delivers throughout the European Union and the rest of the world (see list[C1] of countries where we deliver our products). The ordered product is delivered to the address which appears on the Customer’s purchase order, except if (s)he chooses the Collection from Boutique option (order delivered to the Aurélie Bidermann boutique in Paris). The delivery address may differ from the billing address.
- The delivery time depends on the delivery address as well as the delivery method chosen by the Customer. The Website shall not be held liable for any delay due to customs clearance of the exported goods.
- The delivery times specified below only apply following shipment of the order.
Delivery in France is performed, at the choice of the purchaser, using one of the following transportation options:
- Registered Post (signed for delivery): Delivery within 1 to 3 business days
- Courier (only for Central Paris): Delivery within 3 hours for orders made before 3:00 p.m. (CET), on business days. Otherwise, the delivery will be made on the day after the order
- Fedex: Delivery within 1 to 3 business days
- Collection from Boutique (only from the Aurélie Bidermann boutique at 55 bis rue des Saints-Pères, 75006 Paris): Delivery to the boutique made no later than the next day for orders placed before 5:00 p.m. (CET), on business days
International delivery (outside mainland France, Monaco and Andorra) must be performed by Fedex.
- Shipping is free of charge for deliveries above €200 for France (standard delivery) and €500 for international deliveries.
- In case of damage, the Customer specifies and clarifies its reservations on the delivery note, a copy of which is sent by post or by carrier to the Company. In this respect, it is up to the Customer to check the contents, compliance and condition of the product upon delivery. This check is deemed to have occurred when the Customer, or a person duly authorized by him/her, signs the delivery note presented by the postal worker or by the carrier.
- Despite the care taken in the preparation of orders, it is possible that a product may be missing, or that an error may occur during the preparation. If you encounter such an error, please report it by email to firstname.lastname@example.org within a maximum of 48 hours of receiving the order.
ARTICLE 8: Right to Return
In accordance with article L221-18 of the French Consumer Code, the Customer has fourteen (14) days to return the purchase, without having to provide a reason.
This fourteen (14) day period begins:
- as of the day on which the Customer, or a third party that is not the carrier, designated by the Customer, receives the ordered item,
- or, in the case of an order which includes several items which are delivered separately, as of the day on which the Customer, or a third party that is not the carrier, designated by the Customer, receives the last item.
- The Customer must notify the Company by completing the online form available in the "My Merchandise Returns" section of his/her account on the Website. In the case that an account has not been created, it is also possible to issue a return request by sending the return form (available below and accessible via the hyperlink in the order confirmation email) or by sending a clear statement, by:
- Email to the address email@example.com; or by
- Regular mail to AURELIE BIDERMANN – SAS AMS Design – E-shop – 217 Rue Saint-Honoré 75001 Paris (date as per postmark)
(Please complete and return this form only if you wish to cancel the contract).
To the attention of AURELIE BIDERMANN- Service E-Store, 217 rue Saint Honoré – 75001 Paris, or via the "Contact Us" form accessible on the website www.aureliebidermann.com, or by email to the address firstname.lastname@example.org
- I/we [*] hereby notify you of my/our [*] retraction of the contract for the sale of the [*] item/for the provision of the service [*] below
- Item ___[reference]_____________
- Ordered [*]/received [*] on: ______________
- Customer name(s)
- Customer address(es)
- Customer signature(s) (only in the case that a hard copy of the form is submitted)
[*] Cross out as applicable.
- The Customer must return the product within fourteen (14) days of notification of his/her return to the following address; return shipping costs are at the Customer's expense:
Aurélie Bidermann – SAS AMS Design
217 rue Saint-Honoré
On receipt, and after verification, of the goods returned by the Customer, the Company shall refund the payments received within fourteen (14) days and, in the case of the return of an entire order (all products ordered in a single order), it shall also refund the shipping costs. The shipping costs will be reimbursed on the basis of the standard delivery method (the most economical). If the Customer has chosen a different delivery method than the standard shipping method, the additional costs will not be refundable.
- However, we will only accept to exchange and refund jewelry if all the following conditions are met:
1) The product must not have been worn, used, altered, washed or damaged
2) The product must not have been made to measure (cf Shipping of Special orders 7.1.2)
3) The product must be returned in its original packaging along with the invoice
- In the event that the return of the product by the Customer is due to an error by the Website, such as a product missing from the order, a non-compliant product (subject to Article 3 hereof) or a manufacturing defect in the product, the Company undertakes to refund, in addition to the purchase price of the product, the shipping costs incurred by the Customer for the delivery of the product.
The Customer must report the error by email to email@example.com within a maximum of 48 hours of receiving the order.
- No refund may be made to any Customer who has not exercised his/her right of return under the terms of this Article.
- A credit note is valid for 6 months on the Website
ARTICLE 9: Warranty
All Products are covered by the legal guarantee of conformity provided for in Articles L217-4 et seq. of the French Consumer Code.
In accordance with this guarantee, when the legal conditions are met, the Customer has a period of two (2) years from receipt of the product to request its repair or replacement subject to the cost conditions laid down in Article L217-9 of the French Consumer Code. The Customer is exempt from proving the existence of the non-conformity for six (6) months following delivery of the good.
Products are also covered by the legal warranty against hidden defects as defined in Article 1641 et seq. of the French Civil Code.
In accordance with this warranty, the Customer may either cancel the sale of the product or be entitled to a price reduction.
ARTICLE 10: Customer Service
- For further information or to make a complaint, Customers can contact customer service at the following address: firstname.lastname@example.org
- Customer service can also be contacted by telephone, Monday to Friday (10 a.m. to 6 p.m. CET) at +33 (0)1 40 41 67 37.
ARTICLE 11: Intellectual Property
The Site is the property of the Company. It is protected by international laws and treaties concerning copyright as well as those concerning intellectual property.
All rights related to the Site and the concept of the Company's entire activity, their original and innovative nature, in particular intellectual property rights for the text, literary, artistic, graphic (including photographs) and audio-visual creations, IT developments, HTML developments and other intellectual work and, in general, any creations that may be protected by intellectual property law such as images, logos, format, style guide, structure, ergonomics, colour codes, typography, fonts, the basic graphics, graphical organisation of screens, layout, backgrounds, visual identity of the Site, belong to the Company or are regularly used by the latter, without any limitation.
The Customer undertakes not to undermine directly or indirectly the Company or Site, or infringe the Company's rights.
ARTICLE 12: Personal data and cookies
- Delivery of the order requires the provision of some personal data about Customers, in particular their name, first name, postal address, date of birth, phone number and email address. The data collected is required by the Company to meet its obligations, specifically for order confirmation and delivery. Customers not wishing to provide this data will not be able to order on the Site.
- This data is kept for this sole purpose and the Company undertakes not to use it in any other context, or send it to third parties, without the express agreement of the Customer, or in cases not provided for by law. Except for payment-related data, data processing is the responsibility of the Company, whose contact details are indicated in Article 2. Customers' contact details are kept for a period of 3 years from the end of the commercial relationship. This data is kept under secure conditions, according to current technological capabilities, in compliance with the provisions of Law no. 78-17 of 6 January 1978. The Company's CNIL declaration number is 1995781.
- The transmission of information on the Aurelie Bidermann website takes place in a secure environment, using the Internet protocols in force.
- Credit/debit card numbers are not stored on the Website but on our bank's secure website.
- Under the French Data Protection Act of January 6, 1978, you have a right of access, rectification and opposition in respect of your personal data. To do this, you simply need to submit a request to us online or send a letter indicating your full name, address and, if possible, your customer reference to the following address: Aurélie Bidermann – SAS AMS Design 217, rue Saint Honoré 75001 PARIS
- Guarantees concerning cookie use: cookies used by the Site are only linked to anonymous users and their computers. They do not provide any reference making it possible to deduce users' personal data.
- Some cookies are used by third parties (e.g. Google) in order to send the Company data about the effectiveness of its promotions. Under no circumstances do the cookies obtain any personal information enabling the identification of a specific user.
In any case, the cookies used on the Site are temporary with the sole aim of making subsequent transmission more efficient. No cookie used on the Site will be effective for more than two years.
- Customers have the option of configuring their browser in order to receive notification of cookies and refuse installation on their device.
By removing or deactivating the Site cookies, Internet users run the risk of not being able to access certain Site functionalities.
- To use the Site, it is not necessary that Customers allow the installation of cookies, but they must restart the session as such for each of the services that requires prior registration or session start-up.
- What types of cookie does the Site use? The Site uses four types of cookie:
- Technical cookies: they enable Internet users to browse the Site and use functionalities such as the basket or Wishlist.
- Analytical cookies: the Site uses Google Analytics cookies to quantify the number of users that visit the Site. These cookies make it possible to measure and analyse the way in which Internet users browse the Site. This information allows the Company to continually improve its services and facilitate the buying process of Site users. For more information about this, see Google Analytics' privacy page:https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage
- Customisation cookies: when Internet users browse or buy on the Site, the Site remembers its preferences (e.g. their likes or preferred language). By means of these cookies, it is possible to provide a simpler, quicker and more customised browsing experience for users.
- Advertising cookies: these cookies are used to display important announcements for users. In addition, they limit the number of times that each user views an announcement and helps the Company to measure the effectiveness of its publicity campaigns. By browsing the Site, the user accepts that the Company will download this type of cookie on to its device and make use of it when the user visits the Site in future.
The Site servers may automatically detect the IP address and domain name used by users.
- An IP address is a number automatically assigned to a computer when it is connected to the Internet. This information enables the subsequent processing of data in order to obtain unique statistical measurements that make it possible to find out the number of Site visits, the sequence of visits, the point of access, etc.
ARTICLE 13: Governing law
- These General Terms and Conditions of Sale are governed by French law, with the exception of any other applicable international convention including the Vienna Convention on the International Sale of Goods of 11 April 1980.
ARTICLE 14: Changes and updates
- The terms and conditions are changed regularly, notably to take into consideration any potential regulatory changes. The new terms and conditions shall apply as of the date of their publication on the Website.
ARTICLE 15: Miscellaneous
If any one of the clauses of these General Terms and Conditions of Sale should prove null and void or unenforceable by virtue of a law or regulation or following an enforceable decision of a competent court, the Parties expressly agree that this Agreement will not be affected by the invalidity of the clause concerned.
Should one of the parties not require at any time, the strict performance by the other party of any provision or condition of this terms and conditions, this will not be considered to constitute a permanent waiver of this provision or condition.