ARTICLE 1: PURPOSE

These General Terms and Conditions of Sale (hereinafter referred to as the "GTCS") set out the rights and obligations of the Internet user (hereinafter referred to as the "Customer") and the Company described in article 2 below, in relation to the sale of products on the www.aureliebidermann.com website (hereinafter referred to as the "Site").

The contract, established in the event of an actual order, is governed by the regulations governing distance selling, as set out in particular in the Consumer Code, as well as the specific provisions set out below, it being specified that the protective provisions of the Consumer Code set out in the GTC apply to consumers, as defined in the Preliminary Article of the Consumer Code.

By placing an order on the Site and accepting these GTC, the Customer declares:- that he/she has the legal capacity to enter into this agreement, i.e. that he/she has reached the age of majority and is not under guardianship or trusteeship, and-- that he/she is placing an order on the Site as a consumer, for private and non-professional purposes.

The Customer's unreserved acceptance of these GCS will consist in ticking the box provided for this purpose.

These GCS alone govern the relationship between the Company described in article 2 below and the Customer placing an order on the Site, to the exclusion of any other document.

The applicable GCS are those in force on the day the order is placed, as shown on the Site, and brought to the Customer's attention before the order is validated. From one order to the next, the Company invites the Customer to reread carefully the GTCs appearing on the Site, the dates of the updates being indicated.

ARTICLE 2: IDENTIFICATION OF THE OFFEROR

The author of the offer is :

AURELIE BIDERMANN - AMS DESIGN (hereinafter the "Company")

Simplified joint stock company with a single shareholder

Registered office: 8 place Vendôme, 75001 PARIS

Registered with the Registre du Commerce et des Sociétés de Paris - SIRET no.: 822204632

Share capital: 5,945,200.00 euros

VAT NUMBER: FR35 822 204 632

Customer service :

Email : info@aureliebidermann.com

Tel : +33 (0)1 40 41 67 37

ARTICLE 3: PRODUCTS

3.1. The products offered for sale are those listed on the Site on the day of consultation of the Site by the Customer. Each product sold on the Site is presented with a photograph and its price.

By clicking on a product, the Customer accesses a description of the product which mentions its essential characteristics within the meaning of article L111-1 of the French Consumer Code (in particular the materials used) as well as any advice for use and/or maintenance.For certain products, the Customer may choose the size (for example for certain rings), it being understood that the price of the product may vary depending on the choices made by the Customer.

In this case, the applicable price will be that displayed on the Site once the size has been selected by the Customer.

3.2. The products offered for sale by the Company are those available on the Site on the date of the Customer's order, under the conditions set out in article 7 of these GCS.

ARTICLE 4: PRICES

The prices of the products displayed are indicated in the currency of the country in which the Customer is located when consulting the Site. The applicable prices are those displayed on the Site on the day the Customer places the order.

ARTICLE 5: ORDERS

To place an order, the Customer must :

- Consult the details of the products they wish to purchase, check that they are suitable and, depending on the products, modify the size, colour or other characteristics if applicable, it being understood that the price of the product may vary according to the choices made by the Customer;

- Select the product(s) they wish to purchase by clicking on "Add to basket",- Once their selection is complete, they can finalise their order by clicking on "Proceed to payment" via the "Basket" tab;

- Log in (if they have not already done so) using their username and password on their personal account or, if they do not have a personal account, create one and then log in;

- Fill in their delivery details (title, surname, first name, postal address, email address and telephone number);

- Select the desired delivery method from those offered, check the delivery times and delivery charges, then click on "Continue";

- Fill in their invoicing details if different from their delivery details;

- Select their payment method. After checking the contents of the order and its total cost (products ordered, shipping costs, optional extras), and correcting any errors, the Customer will:

- Take note of these GCS and accept them by ticking the appropriate box; This confirmation will be deemed to be the conclusion of the contract, subject to payment by the Customer. Once the contract has been concluded, the Company will send the Customer an order confirmation by e-mail, containing a summary of the Customer's order and billing and delivery information. The languages available for concluding the contract with the Site are French and English.the Customer accepts that the General Terms and Conditions of Sale and the order confirmation will be provided on a durable medium, by email.the information provided by the Customer when placing an order is binding on the Customer: in the event of an error, the Company cannot be held responsible.

ARTICLE 6: MEANS OF PAYMENT

For payment of the price of the products and the delivery and shipping costs, the Customer shall follow the procedures indicated on the order form.

The Customer may pay for purchases by credit card, by PAYPAL or by bank transfer for special orders. The payment cards accepted are : CB, MasterCard®, Visa®, American Express®. The Company also accepts payment by Apple Pay and Google Pay.

In the case of payment by bank transfer, the Customer will receive an email at the address provided giving him the Company's bank details and inviting him to make the transfer corresponding to the payment for his order within ten (10) working days from the validation of his order.

An email will be sent to the Customer within 8 days if the expected sum has still not been received in the Company's bank account. The order is not final until the Company has received confirmation of payment of the price by the Client.

In the event of payment by PAYPAL, the Client expressly acknowledges having read and accepted the general terms and conditions of PAYPAL, which is solely responsible for processing the personal data relating to the means of payment entered by the Client.

In the event of payment by payment card, at the time of payment, the bank requests personal information from the Client in order to verify the identity of the cardholder and to validate the transaction.

The Customer must provide his/her payment card number, depending on the type of card, the card's expiry date and the cryptogram number (the 3-digit number on the back of the payment card).

The Customer guarantees the Company that he/she is the legitimate holder of all rights enabling him/her to use the payment card.

The financial information will be transferred by means of an encrypted protocol to PAYPAL or other banks providing remote electronic payment services, without third parties being able to access it under any circumstances.

ARTICLE 7: DELIVERY TIMES

8.1 SHIPPING TIMES
8.1.1 SHIPPING JEWELRY COLLECTION

All products sold on the Site belong to the "Jewellery" collection, with the exception of those belonging to the "Jewellery" category appearing in the "Jewellery" tab of the Site.

Availability and delivery time:

Aurélie Bidermann's products are available if the word "Add" is indicated on the product's sales page at the time of purchase.

In the event that the product ordered by the Customer is no longer available after the order has been placed, the Company will contact the Customer as soon as possible to inform him/her of this and enable him/her to proceed:

Any order placed on the Site will generally be processed and dispatched within 24 hours of receipt of payment (excluding weekends and public holidays) if the product is in stock and unless otherwise indicated to the Customer before the order is validated. An e-mail will be sent to confirm that the order has been processed and dispatched.

7.1.2 JEWELRY COLLECTION EDITION

Jewellery in the "Jewellery" category on the Site belongs to the Jewellery collection.

Availability and delivery times:

Jewellery in the "Jewellery" line is only produced in very limited quantities by our highly-reputed jewellery workshops. It is therefore possible that the item the Customer wishes to purchase is not in stock, even though the words "Add to basket" are displayed on the Site.

The Customer's attention is drawn to the fact that delivery times may vary from a few days - if the product is in stock - to 6 weeks depending on the period and the complexity of the pieces requested. This period extends to 10 weeks for the following items: Cuff, Bracelet and Ring in the "Belt" theme.

 

7.1.2 SHIPPING SPECIAL ORDERS

So-called "special" orders include the personalisation of a piece of jewellery (engraving in particular) and/or the made-to-measure production of a piece of jewellery.

Any Customer wishing to place a special order is invited to contact our customer service department by email at the following address: info@aureliebidermann.com in order to find out whether their request is feasible, to receive a quotation and to be informed of the delivery times.

In accordance with the provisions of article L221-28-3° of the French Consumer Code, the products corresponding to these special orders do not benefit from the right of withdrawal detailed in article 8 of these GTC and may not be returned, exchanged or reimbursed.

 7.2 DELIVERY DEADLINES

The Site delivers throughout the European Union and the rest of the world (please consult the list of countries where the Company offers delivery of our products).

The product ordered is delivered to the address indicated by the Customer when placing the order on the Site, with the exception of the choice of the "Pick-up in boutique" option (order delivered to the Aurélie Bidermann boutique in Paris).

The delivery address may differ from the billing address, and the delivery time depends on the delivery address and the means of delivery selected by the Customer. The Company cannot be held responsible for any delays caused by customs clearance of exported goods.

The delivery times specified below only apply from the time the order is dispatched.

Delivery in France is made, at the Customer's initiative, by one of the following transport options: In-store collection (only at the Aurélie Bidermann boutique, 55 bis rue des Saints-Pères, 75006 Paris): Boutique delivery carried out at the latest the following day for all orders placed before 3 p.m. (French time) on a working day.

International deliveries (outside metropolitan France, Monaco and Andorra) must be made by DHL.

Delivery costs are free for orders of €200 or more for France (standard delivery) and €500 or more for international deliveries.

In the event of damage, the Customer must express his/her reservations clearly and precisely on the delivery note, a copy of which is sent to the Company by La Poste or the carrier. In this respect, it is the Customer's responsibility to check the contents, conformity and condition of the product upon delivery. This verification is deemed to have been carried out as soon as the Customer, or a person duly authorized by the Customer, has signed the delivery note presented by La Poste or the carrier.

Despite the care taken in preparing orders, it is possible that a product may be missing from the order, or that an error may have occurred during preparation. If you notice such an error, please notify us by e-mail at info@aureliebidermann.com within 48 hours of receiving your order.

ARTICLE 9: RIGHT OF WITHDRAWAL

In accordance with the provisions of articles L221 18 et seq. of the French Consumer Code, the customer has a period of fourteen (14) days in which to withdraw from his purchase, without having to give any reason whatsoever.


The fourteen (14) day period runs :

from the day on which the customer or a third party, other than the carrier, designated by the customer receives the item ordered,

or, in the case of an order for several items delivered separately, from the day on which the Customer, or a third party designated by the Customer who is not the carrier, has received the last item.

The Customer must notify the Company of his/her wish to return the product at the following e-mail address: info@aureliebidermann.com.

The Customer must return the product within fourteen (14) days of notification of his/her withdrawal to the following address, the cost of return being borne by the Customer:

Aurélie Bidermann - AMS Design SAS

Att : E Shop
8 place Vendôme
75001 Paris
France

After receipt and verification of the products returned by the Customer, the Company will reimburse the payments received within fourteen (14) working days.

However, we will only accept the exchange and refund of jewelry if all of the following conditions are met:
1) The product must not have been worn, used, modified, washed or damaged.
3) The product must not have been custom-made (see Special orders 7.1.2).
2) The product must be returned in its original packaging, accompanied by the purchase invoice.

In the event that the return of the product by the Customer is due to an error on the part of the Company, such as a product missing from the order or a product received that does not conform (subject to article 3 hereof) or a manufacturing defect in the product, the Company undertakes to reimburse, 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 e-mail to info@aureliebidermann.com within 48 hours of receipt of the order.

No reimbursement will be made to customers who have not exercised their right of retraction in accordance with the terms of the present article.

On receipt of the returned product, reimbursement will be made, at the purchaser's discretion, in the form of a credit note valid for 6 months on the Site, or a refund credited directly to the purchaser's bank account or PayPal account, depending on the method of payment used at the time the order was placed.

ARTICLE 10: WARRANTIES

All Products are covered by the legal guarantee of conformity stipulated in articles L217-4 et seq. of the French Consumer Code.

Under this warranty, when the legal conditions are met, the Customer has a period of one (1) year from receipt of the product to request its repair or replacement, subject to the cost conditions set out in article L217-9 of the French Consumer Code. The customer is exempt from having to prove the existence of a lack of conformity during the six (6) months following delivery of the goods.

Products are also covered by the legal warranty against hidden defects as defined in article 1641 et seq. of the French Civil Code.

Under this warranty, the customer may choose between rescission of the sale or a reduction in the price of the product.

ARTICLE 11: CUSTOMER SERVICE AND MEDIATION

For any queries or complaints, the Customer should contact Customer Services at the following address: info@aureliebidermann.com


Customer service can also be reached by telephone from Monday to Friday (10am-6pm, French time) on +33 (0)1 40 41 67 37.

In the event of a complaint, the Customer may first contact Customer Service.

In the event of a dispute between the professional and the consumer, they will endeavor to find an amicable solution.

If no amicable agreement can be reached, the consumer may refer the matter free of charge to the consumer mediator to which the professional belongs, i.e. the Association of European Mediators (AME CONSO), within one year of the written complaint sent to the professional.

Referral to the Consumer Mediator must be made :

- either by filling in the appropriate form on the AME CONSO website: www.mediationconso-ame.com

- or by post to AME CONSO, 197 Boulevard Saint-Germain - 75007 PARIS.

ARTICLE 12: INTELLECTUAL PROPERTY

The Site is the property of the Company. It is protected by international copyright laws and treaties, as well as by other international intellectual property laws and treaties.


All rights relating to the Site and to the overall concept of the Company's activity, to their original and innovative character, in particular intellectual property rights on texts, literary, artistic, graphic (including photographs) and audiovisual creations, computer developments, HTML developments and other works of the mind and, more generally, all creations likely to be protected by intellectual property law, such as images, logos, layout, graphic charter, structure, ergonomics, color codes, typography, fonts, basic graphic elements, graphic organization of screens, page layout, page backgrounds, visual identity of the Site, belong to the Company or are regularly exploited by the latter, without any limitation.

The Customer undertakes not to directly or indirectly damage the Company, the Site or the Company's rights.

ARTICLE 13: PERSONAL DATA

The delivery of the order requires the provision of a certain amount of personal information concerning the Customer, in particular his/her surname, first name, postal address, date of birth, telephone number and e-mail address. The data collected is necessary for the Company to fulfil its obligations, in particular for order validation and delivery. Customers who do not wish to provide this information 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 for any other purpose, nor to pass it on to third parties, without the Customer's express consent, or except in cases provided for by law. The data controller, with the exception of payment data, is the Company, whose contact details are given in article 2. Customer contact details are kept for a period of 3 years from the end of the commercial relationship. This data is stored in secure conditions, using current technical means, in compliance with the provisions of law no. 78-17 of January 6, 1978. The Company's CNIL declaration number is 1995781.

The transmission of information on the Site takes place in a secure context using the protocols in force on the Internet.

Payment card numbers are not stored on the site, but on our bank's secure site.

In accordance with the French Data Protection Act of January 6, 1978, you have the right to access, rectify and object to any personal data concerning you. To do so, simply send us a request online or by post, stating your full name, address and, if possible, your customer reference to the following address: Aurélie Bidermann - AMS Design 8 place Vendôme, 75001 PARIS.

Use of cookies: Under its own responsibility or that of a third party hired to provide tracking services, the Site may use cookies when an Internet user browses the Site. Cookies are files sent to the browser by a web server with the aim of recording the Internet user's activities while browsing.

The use of cookies enables the server where the Site is located to recognize the web browser used by the user in order to make browsing as easy as possible, allowing, for example, users who have already registered to access areas, services, promotions or competitions exclusively reserved for them without having to register on each visit. Cookies are also used to measure audience and traffic parameters, and to monitor the progress and number of entries.

Guarantees on the use of cookies : The cookies used by the Site associate themselves only with anonymous users and their computers and do not provide references from which personal user data can be deduced.

Some cookies are used by third parties (e.g. Google) to provide the Company with data on the effectiveness of its promotions. Under no circumstances do cookies obtain any personal information that could identify a particular user.
The cookies used on the Site are, in any case, of a temporary nature, with the sole aim of making subsequent transmission more efficient. No cookie used on the Site will be valid for more than two years.

Customers have the option of configuring their browser to notify them when they receive a cookie and to refuse its installation on their device.
By eliminating or deactivating cookies from the Site, the Internet user runs the risk of not being able to access certain functionalities of the Site.

To use the Site, it is not necessary for users to allow the installation of cookies, but they will have to restart the session as such in each of the services whose provision requires prior registration or session startup.

 

ARTICLE 14: APPLICABLE LAW / JURISDICTION

These general terms and conditions of sale are governed by French law, to the exclusion of any other applicable international convention, including the Vienna Convention on the International Sale of Goods of April 11, 1980.

ARTICLE 15: MODIFICATIONS AND UPDATES

The general terms and conditions of sale are modified regularly, in particular to take account of any changes in legislation. The new general terms and conditions of sale will apply from the date of their publication on the Site.