terms and conditions

LEGAL NOTICES

I IDENTIFICATION

The present website, accessible on www.alexanderfuchs-diamantaire.com/fr/
(the “Website”) is published by the company ETESI, limited liability company with a capital of 20 000 euro and registered offices at 10 rue La Fayette 75009 PARIS registered in the Trade register of Paris under number  518 316 906
Tel 01 42 46 85 83
The Director of publication of the Website is M. Daniel SIERADZKI
The Website is housed by the company OVH with registered office at Roubaix, 52100, 2 rue Kellermann. Tel: 0 820 698 765
The access to the Website and the use of its content is done in the context of the use notices below. The fact of accepting and navigating on the Website constitutes acceptance by the visitor without reservation of the following stipulations:

II COPYRIGHT – INTELLECTUAL PROPERTY

2.1 Ownership

ETESI is the holder of the domain name alexanderfuchs-diamantaire.com

The whole Website and the elements that set it (texts, tree, software, animations, photographs, illustrations, diagrams, graphic representations, logos, etc.) are intellectual work protected by articles L.111-1 and following of the intellectual property Code. The Website and its elements are the exclusive property of ETESI, sole authorised to use intellectual property rights and associated personality rights, including brands, models, author’s rights and image rights, original or by virtue of a licence or an express authorisation.

2.2 Sanctions

The use of all or part of the Website, by downloading, reproduction, transmission, representation or distribution for other purposes than personal and private use for non-commercial purposes of the visitor is strictly forbidden. The violation of those provisions subjects his author to sanctions provided both by the Intellectual Property code as regards counterfeit of author’s rights (article L.335-3), trademark rights (article L.716-9) and the Civil code regarding civil liability (article 9, articles 1382 and following).

2.3 Hyperlinks

The creation of all the hyperlinks referring to any webpage or elements of the Website is prohibited, unless previously authorised in writing by ETESI, the authorisation can be withdrawn at any time. All the websites with an hyperlink leading to the Website or any element that set it are not controlled by ETESI and the latter therefore rejects any liability (editorial in particular) regarding the access and content of those websites

III. PERSONAL DATA

3.1 Nature of personal data

The Customer can provide data of a personal nature.

Are considered data of a personal nature any personal information (in particular: log in, password, name. first name, date of birth, e-mail and postal addresses, town, State/Department) that the internet users could provide to ETESI in the context of the creation of an account on the website. These data, of any nature enable ETESI – directly or indirectly – to identify and get to know the internet users.

3.2 Consent

Data of a personal nature are not collected without the consent of the internet users. The optional or mandatory nature of the notices to be communicated to ETESI in that context will be provided to the internet users in advance. The latter are not obliged in any way to transmit data of a personal nature to ETESI.

3.3 Identity of the person in charge of data of a personal nature

The company ETESI is responsible for the collection and processing of data of a personal nature on the Website.

3.4 Recipient(s) of data of a personal nature

The company ETESI is the sole recipient of data of a personal nature collected on the Website. Data of a personal nature will not be communicated to third parties.

3.5 Rights of the internet user

In accordance with the law ” Informatique et Libertés (Informatics and Liberty) ” no. 78-17 of 6 January 1978 as modified by the law ” relating to the protection of natural entities regarding the processing of data of a personal nature no. 2004-801 of 6 August 2004, the Website was subject to a statement of automated processing of data of a personal nature to the CNIL – National Commission on informatics and Liberty (receipt no.). Each internet user has the right to access, rectify, complete, update, lock, oppose or delete personal data. To exercise those rights, the internet user can get in touch with ETESI by e-mail to the following address: serviceclient@alexanderfuchs-diamantaire.com

3.5 Cookies

The internet user is informed of ETESI’s ability to implement automated data collectors (” cookies “) to identify the internet user during his successive visits to the Website and to improve the Service.

The cookie is an automatic file, stored for a limited duration on the hard disc of the User’s computer. The internet user however retains the possibility to oppose the storage of the cookies by configuring his Internet browser.

IV. LIABILITY

ETESI endeavours to optimally ensure its possibilities of accuracy and update of the information provided on the Website, of which it reserves the right to correct the content at any time and without notice. However, ETESI cannot guarantee the accuracy, precision and completeness of information provided on the Website which does not represent a guarantee or commitment from ETESI to the user. In particular, ETESI cannot be particularly held liable:

- for any inaccuracy, imprecision or omission related to information available on the Website;

- for any damage resulting from digital intrusion by a third party resulting in modification of information made available on the Website;

- and more generally, for any damage, direct or indirect, irrespective of the causes, origins, natures and consequences, due to the access by anyone to the Website or the impossibility of access, or the use of the Website and/or credit given to any information directly or indirectly originating from the latter.

ETESI uses resources to ensure the safety of files created from personal data collected on the Website. However, we remind that ETESI does not control risks related to the operation of the internet and draws the attention of the internet users to possible existing risks to data confidentiality transiting through this network.

V. MODIFICATIONS OF THE NOTICES

ETESI informs the internet users consulting the Website that the present notices can be modified at all times. Those modifications are published by being posted online and are considered accepted without reservations by any internet user who accesses the Website after their online posting.

VI. DISPUTES

The present notices are established in conformity with French law and in particular the provisions of the law no. 2004-575 of 21 June 2004 ” for trust in digital economy ” and the law no. 78-17 of 6 January 1978 ” Informatique et Libertés (Informatics and Liberty)” modified by the law no. 2004-801 of 6 August 2004 ” relative to the protection of natural entities regarding the processing of personal data “. The French jurisdiction is territorially competent in any dispute relating to the use of the Website, unless otherwise provided in the Brussels Regulation of 20 December 2000 on legal competence and the execution of the decisions.

For any question the internet visitor could have on the use of the Website and/or the present notices, for any request he could wish to submit to ETESI, he can send an e-mail to the following address: serviceclient@ alexanderfuchs-diamantaire.com

SALES TERMS AND CONDITIONS

Between:

The company ETESI, simplified shares company with a capital of 20 000 euro and registered office at 10 rue The Fayette 75009 PARIS registered at the trade register of  Paris under number 518 316 906

Represented by M. Daniel SIERADZKI in the capacity of General Director, duly competent for the purpose of the present document,

Hereafter the “Seller”

On the one hand,

And

Any adult natural person exclusively acting in thestrict context of his personal needs, who consults the website www.alexanderfuchs-diamantaire.com/fr/ (hereafter the « Website”) and/or purchases from ALEXANDER FUCHS (hereafter the User or the Customer).

Preamble

The company ETESI, limited liability company with a capital of 20 000 euro with registered office at 10 rue The Fayette 75009 PARIS registered in the trade register of Paris under number 518 316 906  is involved in selling precious signed jewellery of the brand ALEXANDER FUCHS.

The Seller in particular deals with the commercialisation of products on the website www.alexanderfuchs-diamantaire.com/fr/

The customers’ service of the Seller can be reached by phone on number 0142 46 85 83 and by e-mail on the following address serviceclient@alexanderfuchs-diamantaire.com

The Parties agree that their relations will exclusively be governed by the present sales terms and conditions, with the exclusion of any prior existing condition on the website of the Seller.

The Seller reserves the right to modify the present sales terms and conditions by publishing a new version on the Website. The sales terms and conditions are those valid on the date of validation of the order.

The Parties agree that the photos of the products on sale on the website www.alexanderfuchs-diamantaire.com/fr/ have no contractual value.

Article 1 . – Definitions

The terms and phrases below mean, when preceded by a capital letter, for the purposes of interpretation and application of the present agreement:

Article or Product”: the Good(s) ordered;

“Good“: any product presented for sale on the Website;

“Order”: request for Goods by the Customer from the Seller;

“Sales Terms & Conditions“: the general sales terms and conditions, subject of the present document;

“Contract”: the present deed, including its preamble and annexes as well as any amendment, substitution, extension or renewal to the present agreement by virtue of the convention of the Parties;

“Delivery Deadline“: period from the Validation date of the Order and the Delivery date of the Order to the Customer;

“Delivery Costs”: expenses incurred by the Seller for dispatching the Order to the Delivery address indicated by the Customer;

“Delivery“: dispatch of the Item au Customer;

“Delivery Method“: designates any standard or express delivery method available on the Website at the time of Ordering;

“Price”: the unit value of a Good or a Service; that value is VAT inclusive and excludes Delivery Costs;

Website”: Online Shop ” www.alexanderfuchs-diamantaire.com/fr/ ” used by the Seller for  the commercialisation of his Goods/Services;

“Validation of the Order“: has the meaning given to the Article 6;

“Online Shop“: commercialisation of Goods and Services of the Seller via the Website;

The references to Articles are references to articles of the present Contract, unless otherwise agreed.

Any reference in singular includes the plural and vice versa.

Any reference to a gender includes the other gender.

Article 2 . – Purpose

The present Sales Terms and Conditions (hereafter « CGV ») have the purpose, on the one hand, of informing any User of the conditions and modalities the Seller (hereafter «ALEXANDER FUCHS » or « the Seller ») applies to the sale and delivery of the ordered products and, on the other hand, to define the rights and obligations of the Parties in the context of the sale of products by ALEXANDER FUCHS to the User. They apply, without restriction or reserve to all the sales of products proposed by ALEXANDER FUCHS on his Website accessible:
- via the Internet on the address www.alexanderfuchs-diamantaire.com/fr/

Consequently, the fact of the Buyer ordering a product presented for sale on the Website ALEXANDER FUCHS includes the full and complete acceptance of the present Sales Terms & Conditions that the Buyer confirms having read prior to the Order.

ALEXANDER FUCHS reserves the right of modifying the present Sales Terms & Conditions at all times. However, the Sales Terms & Conditions applicable to the Order are those accepted by the Buyer at the time of Ordering.

Article 3 . – Effective date and Duration

The present Sales Terms & Conditions  are considered accepted by the Customer at the time of validation of the order and apply for the necessary duration for the supply of Products until the end of the guarantees.

The Sale offers on the Website, governed by the present Sales Terms & Conditions are valid for any Product as long as it remains online.

Article 4 . – Product features – Authenticity certificates

In conformity with Article L111-1 of the consumer code, the Seller shall provide and ensure the essential features indicated on the descriptive sheet of the product.

An authenticity guarantee certificate will be issued with the ordered products

Article 5 . – Prices

The sale prices of the online products on the Website ALEXANDER FUCHS, indicated in euro, are those applicable at the time of Ordering by the User.

The sale prices of the products may be modified by ALEXANDER FUCHS at all times.

Those prices do not include the shipping costs which are charged in addition to the price of the purchased products. The shipping costs will be indicated during the payment procedure.

The prices include added value tax (VAT) applicable on the day of Ordering. Any change in applicable VAT rates will be automatically reflected in the price of products sold by ALEXANDER FUCHS on his Website.

Article 6 : Orders

6.1.Ordering

First of all, we remind that to place a valid order the Customer shall:

-  be 18 years old at least and have the necessary legal capacity or hold a parental authorisation to order and honour any order and be able of justifying this at all times, at our simple request;

- be a natural entity acting in the context of his personal needs

The Customer has the possibility to order from the catalogue of available Products on  the website.

The Customer orders the different Product(s)of his choice by clicking on ‘I buy’.

The Website indicates the estimated date of Product availability.

As soon as the Product is added, the Customer can either continue shopping by clicking ‘Continue shopping’ or check his orders by clicking ‘my purchases’.

At any time, the Customer can:

-  Check the Products in his purchase: their quantity, total and detailed information of each of them by clicking the icon ‘my purchases’,

-  Modify or cancel the order of Product(s) on the purchase overview page,

-  Continue selecting Products by clicking on the icon ‘Continue shopping’,

-  Confirm the order by clicking the icon ‘finish shopping’ on the page ‘my purchases’ displayed after the confirmation of the add during the product sheet

6.2. Confirmation of the order

After viewing the ordered Products on the summary page of the shopping basket, the Customer cannot confirm his order and proceed to the next stage without viewing the sales terms & conditions which he confirms by ticking the relevant box.

6.3. Identification of the Customer

The order can only be validated on the Website if the Customer has a personal account.

If he does not hold an account yet, the Customer must accurately complete the fields identified with an asterisk as mandatory to create his personal account.

The Customer is responsible for the choice and storage of his log in details and shall ensure their confidentiality. Alexander Fuchs cannot be held liable for possible spoofing of log in details and connections to customer accounts by third parties.

The supply of nominative information collected in the context of home shopping is mandatory as that information is required for the processing and delivery of orders and the creation of invoices. That information is strictly confidential.

Article 7 – Payment

The price is payable immediately and in full on the day of ordering by the Buyer.

The price owed by the Customer is the amount indicated on the summary order form the Customer has viewed before definitively validating his order. The price is then repeated at the time of payment in the summary document provided by e-mail to the Customer’s e-mail address by Alexander Fuchs.

The Customer has the option of settling his purchases :

- by bank card (Carte bleue, Visa, Eurocard, Mastercard, American Express) online or by phone on 01 42 46 85 83

- by paypal account

- by cheque sent by post

- by bank transfer

Regarding bank card payment the payment terms are as follows:

The transaction is immediately debited on the bank card of the Customer after verification of the data of the latter, at receipt of the authorisation from the issuing company of the bank card used by the Customer.

In accordance with Article L. 132-2 of the Monetary and financial Code, the commitment to pay by a card is irrevocable. By communicating information relating to his bank card, the Customer authorises the Seller to debit his bank card for the All Inclusive amount.

For that purpose, the Customer confirms that he is the holder of the bank card to be debited and that the name on the bank card actually is his. The Customer communicates the sixteen numbers and the expiry date of his credit card and if required the numbers of the visual cryptogram.

If the debit of the All Inclusive Price is impossible, the Online Sale is immediately legally aborted and the order is cancelled.

The Seller uses any means to ensure the confidentiality and security of the data provided on the Website www.alexanderfuchs-diamantaire.com/fr/

If paying by PayPal, the amount of the purchases will immediately be debited from the PayPal account. The order will be considered effective after confirmation of the approval of the bank payment centres.

If paying by cheque, it will be presented for collection upon receipt.

If paying by transfer the bank details of the Seller will be provided.

The payments carried out by the Buyer will only be considered final after actual collection of the amounts owed by the Seller.

Article 8. – Delivery of the Order

8.1- Delivery Costs

The amount of the Delivery Costs depends on the total of the Order, the delivery place and the delivery method chosen by  the Customer. The amount of the Delivery costs is indicated to the Customer during the payment procedure anyway.

8.2. – Delivery times

The Delivery times are available on the Website and can vary depending on the availability of Goods ordered.

The Delivery times are understood as working days and correspond with average preparation and despatch times of the Order in the Territory.

The Delivery times run from the Confirmation date of the Order by the Seller

The Seller shall make the best efforts to deliver the ordered products by the Buyer within the above periods. However those times are communicated for informative purposes only and a possible excess shall never be grounds for any damage compensation, deduction or annulation of the order by the Buyer. However, if the ordered products were not delivered within 60 days after the indicative delivery date, for any other reason than Act of God, the sale can be cancelled by written request of the Buyer or the Seller. The sums paid by the Buyer will then be refunded immediately, excluding any compensation or deduction.

The Customer is sole responsible le for the non-application or bad application of the contract due to a lack of indication during the Order (wrong or incomplete address, error in the name…).

8.3. Check of the Order upon arrival

The Customer shall check the condition of the package and the Items on Delivery.

The Customer shall express the reservations and complaints he deems necessary, or refuse the parcel if the parcel is visibly damaged on delivery. The said reservations and complaints must be addressed to the transporter by registered letter with proof of receipt within three working days, not including public holidays following the date of Delivery of the Goods. The Customer furthermore shall send a copy of that letter to the Seller. Failing complaint in the above period cancels any claim against the transporter in accordance with Article L. 133-3 of the Commercial Code.

The Customer shall ensure that the Goods delivered to him correspond with the Order. If the Goods are not conform in nature or quality with the specifications mentioned on the Delivery form, the Customer shall inform the Seller by e-mail and return the Goods to the address indicated in the conditions of Article 8.

Article 9. – Right to retract

In accordance with Article L. 121-20 of the French Consumer Code as modified by the update of 17 March 2014, the Customer has a period of 14 (fourteen) days from the day of receipt of the ordered products to exercise his legal retraction right. If the period of 14 days ends on a Saturday, Sunday or public holiday, it is postponed to the next working day. If the order includes several products, the retraction period runs from the receipt of the last ordered product.

The Customer who wishes to exercise his retraction right must inform the Seller of his wish to retract by sending him a clear statement that expresses his wish to retract before the end of the 14 days period above

In accordance with Article L. 121-21-3.- of the French Consumer Code as modified by the update of 17 March 2014, the Customer returns or restores the Items in their original package, complete, new, without excessive delay and at the latest within fourteen days after the  communication of his decision to retract from the Items in the above period.

The costs for returning the items are at the charge of the Customer.

The Seller shall proceed with refunding the products, including delivery costs, as soon as the returned products are received.

Article 10 : Size of the rings

For any ring order, the Customer can use a ring sizer, which can be downloaded on the product sheet of each ring to help with the choice of size.

Article 11 : Complaints

The Customer shall address possible complaints to the customers’ service by post to the address of the administrative or digital head office and mentioning the reference and Order date.

Only complaints relating to the Online Sale of the Items will be considered.

Article 12 . – Guarantee

The Seller is subject to the legal guarantee conditions provided in articles L. 211-4, L. 211-5 and L. 211-12 of the Consumer code and articles 1641 and 1648 of the Civil code. Conform to the legal provisions these articles of law are reproduced below:

Article L. 211-4 of the Consumer Code

The Seller shall deliver goods conform to the contract and is responsible for conformity defects at delivery. He is also liable for conformity defects resulting from the packaging, assembly instructions or the installation if the latter was incumbent to him by the contract or was produced under his responsibility

Article L. 211-5 of the Consumer Code 

To be conform to the contract, the goods must:

1º Be fit for the expected common use of similar goods and, as the case may be:

- correspond with the description given by the Seller and have the qualities the latter presented to the buyer as a sample or a model;

- present the qualities a buyer can legally expect with regards to public statements made by the Seller, by the producer or his representative, in particular through advertising or labelling;

2º Or present features defined by mutual agreement by the parties or be fit for any special use desired by the buyer, informed to the Seller and accepted by the latter.
Article L. 211-12 of the Consumer Code 

The action resulting from the conformity defect lapses at two years from the delivery of the item.

Article 1641 of the Civil code

The Seller shall guarantee hidden defects of the sold item which make it unfit for the destined use, or which lower that use to such extent that the buyer would not have purchased it, or only at a lower price, if he would have known about them.

Article 1648 paragraph 1 of the Civil code 

The action resulting from crippling vices must be started by the buyer within two years from the discovery of the vice.

Article 15 . – Intellectual property rights

The brands of the Seller ALEXANDER FUCHS and all the figurative or not figurative brands and more generally all the other brands, illustrations, images and logotypes indicated on the Goods, their accessories and packaging, patented or not, are and will remain the exclusive property of the Seller. Any reproduction, partial or in full,  modification or use of those brands, illustrations, images and logotypes, for any reason and on any medium, without explicit and prior approval of the Seller, is strictly forbidden. The same applies to any combination or conjunction with any other brand, symbol, logotype and overall any distinctive mark with the purpose of forming a composite logo. This also applies to any other author’s right, drawing, model and patent that are the property of the Seller.

Article 16 . – Data Confidentiality

In accordance with the law on informatics, files and liberty of 6 January 1978, information of a nominative nature about the buyers can be subject to an automated treatment

ALEXANDER FUCHS reserves the right to collect information about the Customers including by the use of cookies, for statistical analyses. Those data will never be transferred to third parties.

The Clients have the right of access and correction of their personal data, in conformity with the law of 6 January 1978.

At the creation of his Customer Account on the Website, the Customer can opt for receiving offers from the Seller and his partners

The present website is the subject to an authorisation by the CNIL under the number  __

Article 17 . – Applicable Law

The present Contract will be governed by French law.

Article 18 . – Allocation of jurisdiction

Any dispute arising from the creation, interpretation or application of the present contract is the exclusive competence of the Paris tribunals notwithstanding plurality of defendants or introduction of third parties.