General terms and conditions

If you have any doubts or questions related to our general terms and conditions of sale, please contact us on +33 (0)1 83 75 74 20.

These general terms and conditions of sale and use of the website (hereinafter the « Terms and conditions ») shall apply between:

The company Courbet, a Société par action simplifiée (simplified form limited company - SAS) under French law with a registered capital of 736,836 € registered in the Paris Registre du Commerce et des Sociétés (Trade and Companies Register – RCS) under number 832805402 having its registered offices at 7, place Vendôme, 75001 Paris and having VAT number FR 22 832 805 402.

and

Any natural person over the age of 18 years acting exclusively within the strict framework of his or her personal needs, who consults the website www.courbet.com and/or makes a purchase from Courbet. The Seller does not make Online Sale to legal persons.

The Seller’s activity is the sale of jewellery. The Seller markets in particular the above-mentioned goods through the intermediary of the website www.courbet.com. The list of goods offered for Online Sale by the Seller can be consulted on the website at the following address www.courbet.com.

The Parties hereby agree that their relations will be exclusively governed by this contract, to the exclusion of any term or condition previously published on the Seller’s website.

The Seller hereby reserves the right to modify these Terms and Conditions at anytime by publishing a new version on the Website. The Terms and Conditions shall be those in force at the date of confirmation of the order.

The Parties hereby agree that the photos of the Goods for sale on the website www.courbet.com shall not have any contractual value.

I/ GENERAL TERMS AND CONDITIONS OF ONLINE SALE

Article 1. - Definitions

The terms and expressions referred to hereinafter shall have the following meaning, when capitalised, for the purposes of interpretation and performance of this contract :

References toArticles shall be references to articles of this Contract, unless otherwise provided.

Any reference made in the singular shall include the plural and vice versa.

Any reference to a gender shall include the other gender.

Article 2. - Purpose

The purpose of this Contract shall be to define the rights and obligations of the Parties within the framework of the Online Sale of Goods offered for sale by the Seller to the Client.

Article 3. - Scope of application

These terms and conditions shall apply only to consumers, as defined by the law and caselaw, acting exclusively on their own behalf.

In accordance with Articles L. 111-1 and L. 111-3 of the Code de la consommation [French Consumer Code], the essential characteristics and prices of the Goods sold electronically shall be available on the Website.

Furthermore, the Client shall receive the information provided for under Articles L. 121-8 and L. 121-19 of the French Consumer Code, before and after the conclusion of the sale, including by means of these General Terms and Conditions of Sale.

These Terms and Conditions shall apply to all sales of Goods made by the Seller via the Website in any country whatsoever.

The Client hereby declares and represents having read these Terms and Conditions before Validation of the Order as defined under Article 5. Validation of the Order shall be deemed to be an unconditional and unreserved acceptance of these Terms and Conditions.

These Terms and Conditions shall apply to Orders made for Delivery in any country in the world.

Article 4. - Entry into force and Duration

The Contract shall enter into force at the date of Validation of the Order as defined under Article 5.

The Contract shall be concluded for the duration necessary for the supply of the Goods, until extinction of the guarantees and obligations owed by the Seller.

Article 5 . - Order of the Goods and Stages for Conclusion of the Online Sale

In order to complete the Order, the Client must necessarily follow the following steps:

The Client shall then receive electronically and without delay a confirmation of acceptance of payment of the Order.

The Client shall also receive electronically and without delay an acknowledgement of receipt which shall be regarded as confirmation of the Order (the « Order Confirmation »).

The Client shall receive electronic confirmation of the shipping of the Order.

During the various above mentioned steps of the Order, the Client undertakes to comply with these contractual terms and conditions in accordance with Article 1316-1 of the Code civil [French Civil Code].

The Seller undertakes to fulfil the Order subject to available stocks of Goods. Should the Goods be unavailable, the Seller hereby undertakes to inform the Client.

However, pursuant to Article L. 122-1 of the French Consumer Code, the Seller reserves the right to decline acceptance of the Order, where it is abnormal, made in bad faith or on any other legitimate grounds, in particular in the event of an existing dispute with the Client concerning the payment of a previous Order.

Article 6. - Prices of Goods and Conditions of Validity

The Price of Goods sold on the Website shall be indicated respectively by article and reference.

Telecommunication costs arising from accessing the Website shall be the sole responsibility of the Client.

The offers and Prices shall remain valid until the Website is updated.

At the time of Validation of the Order, the price to be paid shall be understood as the All-Inclusive Price.

The prices of our products shall be indicated in euros including all taxes (VAT and any other taxes applicable at the date of the order), unless otherwise provided and excluding processing and shipping costs.

In case of an Order to be delivered to a country other than metropolitan France you shall be considered as the importer of product(s) concerned. Customs duties or any other local taxes or import duties or State taxes may be due. Such duties and sums shall not be the responsibility of the company Courbet. They will be borne by you and will be under your sole responsibility, in respect of both declarations and payments required to be made to competent authorities and bodies in your country. We recommend that you inform yourself of any requirements of this sort by consulting local authorities.

All orders irrespective of their origin shall be paid in euros.

The company Courbet hereby reserves the right to modify its prices at anytime, but the product will be invoiced on the basis of the rate in force at the time of validation of the order and subject to availability.

Products shall remain the property of the company Courbet until full payment of the price.

Warning: as soon as you take physical possession of the products ordered, the risk of loss or damage to the products shall pass to you.

Photos of the jewellery shall only be shown for illustrative purposes. The Seller hereby invites the Client to consult the description provided for each piece of jewellery to be informed of its specific characteristics. In order to provide exhaustive, precise and up-to-date information, Courbet shall constantly update the information published on the website www.courbet.com. However, there is no guarantee that the website www.courbet.com shall be devoid of any error. The website www.courbet.com may contain data input errors, inaccuracies or omissions. Pricing is for reference only, prices have no contractual value and may be modified. In case of an order based on erroneous information or prices, Courbet hereby reserves the right not to fulfil the order. The characteristics of the products (gold weight, diamond weight) are for reference only : as all of our diamonds are unique and our jewelry is handcrafted by craftsmen, gold and diamond weights may vary slightly.

Article 7. - Terms of Payment

Payment of the All-Inclusive Price by the Client shall be made using one of the following means of payment: payment card (Debit card, Visa, Master Card, American Express) and Paypal®.

The transaction shall be immediately debited from the Client’s card after verifying its data, as of receipt of the debit authorisation issued by the card company used by the Client.

In accordance with Article L. 132-2 of the Code monétaire et financier [French Monetary and Financial Code], the payment undertaking provided by means of a payment card shall be final. By communicating the information related to a payment card, the Client authorises the Seller to debit the payment card to the amount corresponding to the All-Inclusive Price.

For this purpose, the Client hereby confirms that he holds the payment card to be debited and that the name appearing on the payment card is his own. The Client shall communicate the number and expiry date of his payment card as well as the digits of the visual cryptogram.

Should debit of the All-Inclusive Price be impossible, the Online Sale shall be immediately and automatically terminated and the Order shall be cancelled.

The Seller shall make every effort to guarantee the privacy and security of data transmitted on the Website www.courbet.com. For further information on this issue, please consult the Privacy Policy section (Article 23) on the website www.courbet.com.

Article 8. - Delivery of the Order

8.1. Mode of Delivery

The Client shall select one of the Modes of Delivery offered on the Website when making the Order.

8.2. Delivery Address

The Client shall select a valid address for Delivery, otherwise the Order will be rejected. The Client shall bear sole responsibility in case of non-delivery due to a failure to provide sufficient details at the time of the Order.

8.3. Amount of Costs of Delivery

The amount for the Costs of Delivery shall be indicated to the Client before Validation of the Order. The prices of delivery outside Metropolitan France shall be indicated on our Website at the time of the Order.

8.4. Delivery Times

Delivery Times shall be available on the Website and may vary according to the availability of Goods which are the subject-matter of the Order.

Delivery Times shall be calculated in working days and shall correspond to the average time period required to prepare and ship the Order to the delivery address.

Delivery Times shall commence on the date of Confirmation of the Order by the Seller.

In the event that the Client orders several products at the same time and only some of them are subject to delays, the Seller will be entitled to split shipping. In such case, the Seller will provide information on arrangements made before starting the delivery process.

Should the package appear damaged, stolen or destroyed, the Client must reject its delivery by the carrier and inform the Seller of such refusal.

8.5. Late Delivery

In case of late Delivery, the Order shall not be cancelled.

The Seller will inform the Client by email that Delivery will be delayed. The Client will then be entitled to cancel the Order and will send a cancellation notice for the Order by email to the following address contact@courbet-paris.com.

If the Order has not yet been shipped at the time of receipt by the Seller of the Client’s cancellation notice, the Delivery shall be suspended and the Client shall be reimbursed for any sums debited within a period of fifteen days of receipt of the cancellation notice. If the Order has already been shipped at the time of receipt by the Seller of the Client’s cancellation notice, the Client can still cancel the Order by refusing the package. The Seller will then reimburse the sums debited and the return shipping costs paid by the Client within a period of fifteen days of receipt of the entire returned and rejected package in its original condition.

8.6. Delivery Tracking

The Client may check progress in processing the Order in the section dedicated to this purpose on the Website.

8.7. Verification of the Order upon receipt

The Client shall be responsible for verifying the condition of the packaging as well as the Articles at the time of Delivery.

It is the responsibility of the Client to express any reservations or claims he deems necessary, or to refuse the package where the package is visibly damaged at the time of Delivery. Said reservations and claims must be made to the carrier by registered letter with return receipt requested within three working days, not including bank holidays, of the date of Delivery of the Goods. Furthermore, the Client must send a copy of this letter to the Seller. Failure to make a claim within the above-mentioned period shall extinguish all rights of action against the carrier in accordance with Article L. 133-3 of the Code de commerce [French Code of Commerce].

The Client must check that the Goods which have been delivered correspond to the Order. Should the Goods fail to conform in nature or quality to the specifications stipulated in the Delivery note, the Client must inform the Seller’s client service by email to the address sav@courbet-paris.com and return the Goods to the address indicated under the terms of Article 8.

Article 9. Right of withdrawal

The Client shall have a right of withdrawal which he may exercise within a period of thirty calendar days of the date of receipt or collection of the Order. Should such period expire on a Saturday, Sunday or official holiday or a non-business day, the period shall be extended to the first working day which follows.

A Client who wishes to exercise his right of withdrawal must return the Articles within the above-mentioned period, in their original packaging (case), complete, unused accompanied by the invoice and authenticity certificate.

Article 10. - Claims

The Client must send any claim he may have to the Seller’s customer service by post or by email to the address sav@courbet-paris.com quoting the reference and date of the Order.

Only complaints related to the Online Sale of Articles will be taken into account.

Article 11. - Guarantees

The Seller shall be subject to the legal guarantees provided for under Articles L. 217-4, L.217-5 and L.217-12 of the French Consumer Code and Articles 1641 and 1648 of the French Civil Code:

Provisions of the French Consumer Code on the legal guarantee of conformity

Article L217-4
The seller shall deliver a product which conforms to the contract and shall be held liable for any lack of conformity which exists upon delivery. He shall also be held liable for any lack of conformity resulting from the packaging, the assembly instructions, or the installation if he assumed responsibility for it under the contract or had it carried out under his responsibility.

Article L217-5
The product shall be in conformity with the contract where:

Article L217-12
The right of action resulting from a lack of conformity shall be time-barred two years from the date of delivery of the product.

And :

Provisions of the French Civil Code on the guarantee against hidden defects

Article 1641
The seller shall guarantee the item sold against hidden defects that render it unsuitable for its intended use, or that impair its use to such an extent that the buyer would not have bought it, or would only have paid a lesser price for it if he had known of the defects.

Article 1648, al. 1er
The right of action resulting from essential defects must be brought by the buyer within two years of discovery of the defect.

Article 12. - Intellectual property rights

The trademark COURBET, as well as all figurative and non-figurative trademarks and more generally any other trademarks, illustrations, images and logos appearing on the Goods, their accessories and packaging, whether registered or unregistered, are and will remain the exclusive property of the Seller. Any reproduction in full or in part, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the Seller’s express prior agreement, shall be strictly forbidden. The same shall apply to any combination or conjunction with any other trademark, symbol, logo and more generally any distinctive sign designed to form a composite logo. The same shall apply to any copyright, drawing, model and patent which are the property of the Seller.

Article 13. - Confidentialité des Données

The information requested from the Client is necessary to process the Order.

If the Client agrees to communicate individual personal data, he shall have an individual right to access, withdraw and rectify such data under the conditions provided for by French Law No. 78-17 of 6 January 1978 on “Informatique et Libertés” [Data Protection Law]. The Client must send any written request to the following address contact@courbet-paris.com or by post to the address Courbet - 7 place Vendôme - 75001 Paris.

In browsing the Website, the Client will have the possibility to choose whether he wishes to receive offers from the Seller and its partners.

Article 14. - Force Majeure

The Seller’s performance of its obligations under the terms of this Contract will be suspended in the event of an unforeseeable incident or force majeure which would impede or delay its performance.

The Seller will inform the Client of the occurrence of such an unforeseeable incident or force majeure within thirty days of the date of the incident’s occurrence.

Where performance of the Seller’s obligations has been suspended for a period of more than thirty days, the Client shall have the right to cancel the current Order and the Seller will then reimburse the Order under the conditions referred to in Article 7.

Article 15. - Invalidity of contractual provisions

Should any of the provisions of this Contract be declared null and void, such invalidity will not render null and void other provisions of the Contract which shall remain in force between the Parties.

Article 16. - Modification of the Contract

Any amendment to, withdrawal or waiver of any of the provisions of this Contract will be valid only after the Parties have signed a written agreement.

Article 17. - Independence of the Parties

Neither party may make commitments in the name and/or on behalf of the other Party. Moreover, each Party shall bear sole responsibility for his own statements, commitments, services, products and personnel.

Article 18. - Non-waiver

Failure of one of the Parties to require performance by the other Party of any of the obligations made pursuant to this contract, may not be interpreted as a waiver, for the future, of the obligation in question.

Article 19. - Governing law

This Contract shall be governed by French law.

Article 20. - Competent jurisdiction - Amicable settlement of disputes

Any dispute arising from the formation, interpretation or performance of this Contract will be subject to the exclusive jurisdiction of the courts governed by the Paris Appeals Court, notwithstanding the plurality of defendants or the introduction of third parties.

Pursuant to Article L. 612-1 of the French Consumer Code « Any consumer may use the services of a Consumer Ombudsman, free of charge, with a view to finding an amicable settlement to a dispute with a professional. »

Disputes falling under the scope of application of Article L. 612-1 of the French Consumer Code are defined under Article L. 611-1 of the French Consumer Code and include disputes of a contractual nature concerning the performance of a sales contract between a consumer and a professional. The text covers domestic and cross border disputes.

In case of difficulty or for any information, please contact us in advance or contact our customer service.

II/ GENERAL TERMS AND CONDITIONS OF USE

Introduction

These General Terms and Conditions of Use shall govern access to and use of the Website and shall therefore apply to any person accessing the Website and viewing webpages accessible thereon (hereinafter the “User”).

Any use of the Website shall imply acceptance of these General Terms and Conditions of Use.

Courbet hereby reserves the right to modify and update at any time its General Terms and Conditions of Use. Any modification or update will enter into force as of the date of its publication on the Website, specified in a notice at the foot of the page. It will bind the User as of its entry into force.

Article 1. - USE OF THE WEBSITE

The User hereby undertakes to check that the legislative and regulatory provisions applicable to him or her authorise him or her to access and use the Website.

The User hereby undertakes to use the Website in accordance with the provisions of these General Terms and Conditions of Use.

The User hereby undertakes not to undermine or attempt to undermine the proper functioning of the Website, in any manner whatsoever. He or she hereby undertakes not to use the Website for any unlawful or prohibited purposes. He or she hereby agrees to respect the laws and regulations in force and undertakes not to infringe upon the rights and interests held by Courbet or third parties.

The User hereby undertakes to provide Courbet with correct, accurate and up-to-date information when he or she is requested to provide such information and has agreed to communicate it. He or she hereby undertakes to update this information as necessary.

The User shall guarantee Courbet against any complaint, action, challenge or dispute to which the latter may be subject as a result of the User’s actions, in particular in case of violation of these General Terms and Conditions of Use, and hereby undertakes to take responsibility for any financial consequences which may result for Courbet.

Article 2. - WEBSITE AVAILABILITY

The Website shall be freely accessible and Courbet shall make every effort to ensure that the Website is available on a continuous basis. Courbet shall, in this respect, be bound by an obligation to obligation to make all reasonable efforts to attain a specific objective.

Courbet hereby reserves the right to make any modification of any kind whatsoever to the content of the Website.Courbet also hereby reserves the right to interrupt at any time, temporarily or permanently, all or part of the Website, with or without prior notice, including when operations of maintenance are needed to ensure the proper functioning of the Website.

Finally, Courbet hereby reserves the right to suspend fully and automatically the User’s access to the Website, with or without prior notice, in the event of breach by the latter of any of the provisions of these General Terms and Conditions of Use or infringement upon the rights held by Courbet.

Courbet may not be held liable towards the User for any consequences arising from such modification, interruption or suspension.

Article 3. - Services

Courbet shall present and offer for sale on its Website its jewellery collections and any other available products.

The sale of products via the online shop available on the Website shall be governed by these General Terms and Conditions of Use and by the General Terms and Conditions of Sale also published on the Website (above I/GENERAL TERMS AND CONDITIONS OF SALE).

The User who orders one or several products on the Website hereby undertakes to fully and carefully read the General Terms and Conditions of Sale.

Courbet shall enable the User to create a personal account on the Website, from which he or she may access his or her client area and, in particular, make purchases in a simplified way, check the status of orders placed, access invoices, register addresses of delivery, etc.

The User hereby undertakes to guarantee the confidentiality of his or her personal account login information and password. In the event that the password is forgotten, the User will be required to request Courbet to reset the account.

The User may close his or her personal account at any time.

Courbet, for its part, hereby reserves the right to suspend temporarily or close definitely the User’s personal account in the event of breach by the latter of any of the provisions of these General Terms and Conditions of Use or infringement upon the rights held by Courbet.

Article 4. - PRIVACY POLICY

Courbet gives particular importance to respecting the User’s privacy and protecting personal data. All his or her personal data shall be processed by Courbet in accordance with its Privacy Policy which is also published on the Website (below III/PRIVACY POLICY).

Article 5. - LINKS

The Website may contain links to other websites belonging to or exploited by third parties. Such links shall only be provided for information purposes. Courbet may not be held liable to the User for content or data on these websites, as it does not exercise any control over them, nor for consequences arising from the User’s access to said websites.

Article 6. - LIMITATIONS OF LIABILITY

The User shall bear sole responsibility for his or her use of the Website.

Courbet and its employees, agents, partners and directors will not be liable to the User for any damage caused by any fault, recklessness or negligence that the latter may commit when using the Website, in particular in case of violation of these General Terms and Conditions of Use.

Furthermore, Courbet and its employees, agents, partners and directors will not be liable in case of temporary unavailability or malfunctions of all or part of the Website, unless the User can prove that they are the result of a fault or negligence on their part.

Finally, Courbet and its employees, agents, partners and directors will not be liable for the fraudulent use by a third party of the User’s email address, login information, password or other data, where the fraudulent use results from the User’s own fault, recklessness or negligence.

The User hereby recognises and accepts in this respect that he or she will be personally responsible for addressing any complaint or proceedings initiated against Courbet, where the complaint or proceedings result directly and fully from any fault, recklessness or negligence committed by the User.

In case of contradiction between this article and the provisions of the General Terms and Conditions of Sale concerning Courbet’s liability – applicable to any order placed and any purchase made by the User via the Website – the provisions of the General Terms and Conditions of Sale will prevail.

Article 7. - WARRANTY DISCLAIMER

The Website and its various components and contents shall be provided and made available to the User as is, depending on their availability, with any imperfections and without warranty of any kind whatsoever.

Courbet hereby excludes any express or implicit guarantee and declares in particular that it does not guarantee the uninterrupted availability or the fault-free operation of the Website, nor the accuracy or exhaustiveness of the information made available.

Article 8. - FORCE MAJEURE

Courbet may not be held liable where the performance in full or in part of any of its obligations has been prevented or delayed as a result of a force majeure as defined under the law and caselaw of French courts, including natural disasters, fires, telecommunications or electricity network failures or interruptions.

Article 9. - ENTIRE AGREEMENT

These General Terms and Conditions of Use shall constitute the entire agreement between Courbet and the User regarding the availability and use of the Website. They shall replace any previously concluded agreements.

Courbet may transfer these General Terms and Conditions of Use and/or the rights arising therefrom and substitute any third party chosen by it for their performance and execution, which the User hereby expressly accepts.

Should any provision of these General Terms and Conditions of Use be deemed unwritten or cancelled, it is hereby expressly agreed that it will not affect the validity nor the enforceability of these General Terms and Conditions of Use, which will remain in force and applicable in respect of the remaining provisions.

Should difficulties arise in interpreting these General Terms and Conditions of Use, the content of each article will prevail over its title, as such title can in no way be used as a pretext to distort the content of the article.

In case of any contradiction between these General Terms and Conditions of Use and a version in another language, those drafted in French will prevail.

Article 10. - COMPLAINTS

In the event of a dispute with Courbet, the User may send a complaint to the following address: contact@courbet-paris.com

Article 11. - GOVERNING LAW – COMPETENT JURISDICTION

These General Terms and Conditions of Use shall be governed by French law.

Any challenge or dispute concerning the performance or interpretation of these General Terms and Conditions of Use will, in the absence of an amicable agreement between the parties, be subject to the exclusive jurisdiction of the courts governed by the Paris Appeals Court, subject to the application of contrary mandatory legal provisions.

III/ PRIVACY POLICY

Article 1. - What personal data are processed? ?

The personal data which Courbet may process, depending on permissions granted by the User, are the following :

Article 2. - Why are these personal data processed? ?

These personal data are collected and processed for the purpose of managing access to the Website, processing orders and payments, managing invoicing and accounting, improving services offered, producing statistics on the use of the Website and orders placed, contacting Clients and managing their complaints.

Article 3. - How are these personal data processed ?

These personal data are processed in accordance with laws and regulations in force, in particular French Law No. 78-17 of 6 January 1978 “Informatique et Libertés” [Data Protection Law] as amended and EU Regulation No. 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.

These personal data shall not be transferred to, leased to, nor exchanged with third party partners. They are not intended to be transferred to third countries outside the European Union or to international organisations. Courbet, together with its potential subcontractors, is the sole recipient of collected data.

Courbet shall guarantee the privacy and security of such data in view of the current data protection techniques and regulations in force.

Article 4. - How long will such personal data be kept ?

Courbet will keep data concerning the creation of a personal account and the order of products as long as the User holds a personal account, and then for a period of one (1) year after its closure.

Courbet will keep data concerning Website browsing for a period of one (1) year following the User’s last connection to the Website.

Courbet will keep public data collected via social networks as long as the User follows Courbet’s official pages (Instagram, Facebook, LinkedIn, etc.), and then for a period of one (1) year following termination of his or her subscription to these various pages.

Article 5. - What rights does the User have?

The User shall enjoy, in accordance with Articles 38 to 40 of French Law No. 78-17 of 6 January 1978 as amended and Articles 15 to 21 of EU Regulation No. 2016/679 of 27 April 2016, the following rights: right of access, right to rectification, right of erasure, right to limit processing, right to data portability and right to oppose processing.

Within this framework, the User shall, in particular, have the right to obtain :

The User may exercise his or her various rights by writing to Courbet at the following email address: contact@courbet-paris.com

Courbet hereby undertakes to provide the User with a response without undue delay and in any case within one month of his or her request.

The User shall also enjoy the right to withdraw at any time the consent given to Courbet for the processing of his or her personal data. The exercise of this right of withdrawal shall lead to the deletion of his or her User Account, without being able to challenge the legality of processing based on consent carried out before its withdrawal.

Finally, the User shall enjoy the right to lodge a complaint before the Commission Nationale de l’Informatique et des Libertés [French Data Protection Authority - CNIL].

Article 6. - What about cookies and other plotters ?

A cookie is information stored in the User’s computer system and generally contains several pieces of data: the name of the server which placed it, an identifier in the form of a unique number, possibly a date of expiry.

Access to and use of the Website by the User shall lead to the placing and reading of cookies which will allow Courbet to :

By pursuing browsing on the Website, the User accepts the use of cookies necessary to further the aforementioned purposes.

The web-user or the User shall have, by means of his or her Internet browser (Internet Explorer, Firefox, Safari, Opera, Google Chrome, etc.), the right to object to the placing and reading of such cookies and the analysis of his or her browsing.