Arthus-Bertrand designs, produces and sells items of jewellery and decoration.
In order to cater more fully to its clients’ needs, the company has introduced a mail order system by telephone and the Internet for the sale of selected Arthus-Bertrand items, reserved for private clients.
These general terms and conditions of sale are applicable to all sales of items concluded by mail order by telephone or through the web site.
The resale of items purchased through the web site is expressly prohibited.
Article 2: Company identity
Arthus-Bertrand is a joint stock company with a capital of €3,721,090 entered in the Paris trade and companies register under No. B 383 127 172, having its registered office at 6 Place Saint-Germain des Prés – 75006 Paris – France.
Service clients, 40, rue de la Fromenterie 91120 Palaiseau. Téléphone : +33 (0) 1.49.54.72.01, ou par courrier électronique : shopinfo@arthus-bertrand.fr.
Article 3: Information concerning the products and limitation of responsibility
The gold items for sale on the site contain 750/1000 gold, guaranteed by the State hallmark.
Whilst the greatest of care and precision have been devoted to the on-lining of information, the description of products for sale, the available data and their regular update, the Company may in no way be held responsible for any errors that may occur.
Likewise, all photographs and other reproductions of items are provided for information purposes, subject to technical limitations and in compliance with the best market standards. They are purely for illustration and have no contractual value.
More generally, the company may not be held responsible if:
- interruptions or delays are encountered with the customer service or the site due to the performance of maintenance work, technical breakdowns, cases of force majeure, acts attributable to third parties or any circumstances whatsoever beyond its control;
- The client or the company does not succeed in contacting the customer service and/or accessing the site at certain times, due to facts beyond its control, such as computer failures, interruptions in the telephone network, the Internet or client’s failing Internet connections.
Article 4: Ordering items
Orders are placed via the Internet on the web site: www.arthus-bertrand.com
Orders can also be placed by telephone between 10 a.m. and 5 p.m. from Monday to Saturday on +33 (0) 1 49 54 72 01.
Items available for sale by telephone and through the web site are ordered according to the following procedure:
- Items are selected by completing various fields according to the product (material, diameter, finish, quantity, etc.) with the added option of personalised engraving.
- Clients are informed of the availability of the product and given the possibility of cancelling and returning to the selection of other items if the deadline stated is not acceptable.
- Clients can then view, recap on and confirm their baskets, with the possibility of modifying their orders.
- Clients are required to provide personal data and agree to the general terms and conditions of sale.
- Orders are then confirmed according to the summary, an order number is allocated and the maximum delivery deadline is stated based on the availability of all items on order.
- Secure payment of order.
Once clients have confirmed their orders, they declare their acceptance and Arthus-Bertrand acknowledges receipt by sending an order confirmation by return of electronic mail or ordinary post in the case of a telephone order placed with client service.
Sales shall therefore not be considered final until the client has completed the secure payment procedures and Arthus-Bertrand has sent the client an order confirmation, which equates to the client’s invoice specifying delivery terms and deadlines.
Arthus-Bertrand reserves the right to refuse any order placed in error or bad faith. It also reserves the right to reject any order placed by a client with whom the company has an on-going dispute over payment for a previous order.
Article 5: Prices of items
The prices communicated by the customer service or the web site are stated in Euros inclusive of taxes, exclusive of delivery costs.
Arthus-Bertrand reserves the right to alter its prices at any time, although the prices invoiced shall be those in force at the date of the order. The shipment costs shall be announced to the client by telephone in case of orders placed directly with the customer service. Otherwise, they are displayed automatically on the site when the shipping mode is selected, and confirmed by e-mail or ordinary post for orders placed by telephone with the customer service.
Any orders placed by telephone or through the web and delivered outside mainland France and Corsica may be subject to customs duties. Customs duties or taxes payable on delivery of the items are exclusively charged to the client, who undertakes to obtain the necessary information from the relevant authorities.
Article 6: Terms of payment
Items purchased by clients are paid for by the following credit cards solely at the time of the order: cards bearing the ‘CB’ logo, Visa, Mastercard are accepted.
All orders are payable in Euros.
Your credit card will be debited at the time of the secure transaction.
Your order is only shipped following verification of your mode of payment and receipt of authorisation to debit your credit card.
Items ordered remain the property of Arthus-Bertrand until full and final payment has been received from your bank.
Your purchases are made in total security, your banking details are transmitted via the site of an authorised banking institution and remain confidential in a secure environment (SSL protocol). This means that all your banking details transmitted over the Internet are encrypted between your computer and the telepayment server and can never be accessed on our site.
Moreover, information relative to orders is subject to automated data processing by FIA-NET S.A. The objective of this automated processing is to limit the extent to which transactions must be analysed and to combat credit card fraud.
FIA-NET and Arthus-Bertrand are the recipients of the information relative to your order. Failure to provide the information required for your order prevents analysis and execution of the corresponding transaction.
Non-payment arising from fraudulent use of a credit card will lead to inclusion of the name and address relating to your order in a payment incident file maintained by FIA-NET S.A. All irregular declarations or anomalies may also be subject to specific treatment.
In accordance with the French law of 6th January, 1978 concerning Data Processing and Civil Liberties, clients have the right at all times to access, rectify and object to all personal information collected, by sending a letter including proof of identity to FIA-NET – Service Informatique et Libertés – Data processing Nos 773061 and 1080905 – 22 rue Drouot, 75009 Paris.
Arthus-Bertrand reserves the right to suspend processing of all orders and deliveries in the event where the officially accredited organisations refuse to authorise payment by credit card, in case of non-payment or doubt regarding your mode of payment. The company also reserves the right to refuse to make a delivery or honour an order placed by any consumer who has not paid for a previous order, in part or in full, or with whom the company has an on-going dispute for non-payment.
Article 7: Delivery and certificate of conformity
Delivery is made in one shipment. The delivery deadline stated therefore corresponds to the maximum deadline. If the client requires several deliveries, the order must be placed in several instalments. The delivery deadline is stated for information purposes and delayed deliveries shall not give rise to damages, rejection of goods or cancellation of the order.
However, if you have not received delivery within 30 days following the date stipulated in the order confirmation sent by e-mail or ordinary post, for any cause other than force majeure, the transaction will be cancelled and you will be refunded any sums you have paid automatically to the bank account debited by secure payment with credit card.
Orders and shipments may be followed up by telephone by calling the Customer Service.
Once the order has been prepared, it will be shipped to the address provided by the client at the time of order. Items are delivered by the French postal service, Colissimo. Approximate shipment deadlines are 4 working days for mainland France and 8 working days for the rest of Europe, French overseas départements and territories and other destinations.
Shipment costs are €7 inc. VAT for deliveries within mainland France and €15 inc. VAT for deliveries to other countries in Europe, French overseas départements and territories and the other countries mentioned.
On receipt of the order, in case of damaged, torn or opened parcels, the client is required to check the condition of the items delivered and immediately refuse the parcel containing the damaged or missing items, indicating the reasons for refusal on the delivery slip.
The client must ensure that the items delivered correspond to the order. In the event where the items delivered to the client do not correspond to the order, the client must notify Arthus-Bertrand customer service as soon as possible and return the items at issue according to the terms provided by Article 9 of these General Terms and Conditions of Sale.
In case of proven non-conformity, Arthus-Bertrand undertakes to ship to the client, on receipt of the non-compliant items, new items corresponding to the initial order and to cover the cost of return shipment.
The company does not deliver to the following destinations:
Italy: Campione d'Italia, Livigno, Lugano, San Marin.
United Kingdom: Channel Islands, Gibraltar.
Spain: Ceuta, Melilla, Canaries.
Denmark: Pharaoh islands, Greenland.
Greece: Mont Athos.
Germany: Helgoland Island, Büsingen.
Finland: Aland islands.
Other: Vatican City.
Article 8: Right of retraction
Arthus-Bertrand provides that those clients who are not satisfied with the items ordered may exercise the right of retraction pursuant to Article L. 121-1 of the Code de la consommation (Consumer Code) under the best conditions.
The client therefore has seven days following delivery in which to return the items complete and unused in their original packaging, together with a carefully completed returns form and copy of the invoice to the following address: Arthus-Bertrand, Service Clients, 40 Rue de la Fromenterie 91120 Palaiseau.
Shipment shall only be made by Colissimo. Shipment or return costs shall be charged to the client. The client shall retain all proof of return to enable the specific date to be established.
The right to return does not apply to items manufactured to clients’ specifications and no refunds shall be made for items worn or engraved. Items returned will be refunded by Arthus-Bertrand at the invoiced price within thirty days following its receipt of said items, depending on the chosen method of payment, by crediting the account associated with the credit card used for payment.
It is expressly stipulated herein that in the event of a gift, the right of retraction remains the exclusive right of the client and may under no circumstances be exercised by the recipient of the gift.
Items returned incomplete, damaged or deteriorated by the client shall not be refunded.
Article 9: Exchange
Arthus-Bertrand allows the exchange of items delivered (except for items made to the client’s specifications, notably engraved items) within thirty days following receipt.
In order to exchange the product, the client shall contact the customer service and return the items for exchange, complete and unused in their original packaging, together with a carefully completed returns form and a copy of the invoice to the following address: Arthus-Bertrand, Service Clients, 40 Rue de la Fromenterie 91120 Palaiseau. Tel.: 33 01-49-54-72-01, or by e-mail: shopinfo@arthus-bertrand.fr, quoting the order number.
Shipment shall only be made by Colissimo. Shipment or return costs shall be charged to the client. The client shall keep all proof of return to enable the specific date to be established.
No new deliveries may be made until Arthus-Bertrand has received the items returned by the client.
In the event of an exchange, the initial transaction is cancelled. The price paid in excess or the difference between the two item prices will be refunded, depending on the chosen method of payment, by crediting the account associated with the credit card used for payment.
It is stipulated herein that in the event of a gift, the recipient of the gift may make an exchange, but where there is a difference in price, no refunds will be made to the recipient, the corresponding amount being directly credited by bank transfer to the account associated with the credit card used for payment.
Any items returned incomplete, damaged or deteriorated by the client shall not be refunded.
Article 10: Protection of personal data
Arthus-Bertrand collects personal data concerning its clients, when processing orders placed with its web site or through customer service. In accordance with French law No. 78-17 on Data Processing and Civil Liberties of 6th January, 1978, amended by law No. 2004-801 of 6th August 2004, clients have the right to access, rectify and object to all personal information collected, by contacting Arthus-Bertrand by e-mail at the following address: shopinfo@arthus-bertrand.fr. Depending on the client’s choice, information on new products, events and promotional offers may also be sent out via the web.
Article 11: Intellectual property rights
The web site and all its component parts (creations, texts, photographs and illustrations, videos, etc.) are the exclusive property of Arthus-Bertrand. Any reproduction, in part or in whole, of the site and its component parts (logos, trademarks, images, graphics, drawings and models, photographs, videos, texts, comments, etc.) for exploitation other than exclusively private use is strictly prohibited, and any violation of that prohibition constitutes copyright infringement and is punishable on the grounds of the protective provisions of Intellectual Property by the rules and regulations applicable under French law.
Article 12: Disputes, force majeure and applicable law
This contract is governed by French law. Any disputes arising out of its validity, interpretation or performance, or of these General Terms and Conditions, which cannot be settled by amicable arrangement between the Parties, shall be brought before the relevant French jurisdiction. However, neither party may be held responsible for the non-performance, in part or in whole, of its duties, if said failure to perform is due to cas fortuit or the occurrence of an event constituting force majeure, such as, but not limited thereto, floods, fire, storms, lack of raw materials, total or partial transport strikes, postal services, etc.
The parties agree to consult without delay to determine the terms of execution of the order in case of force majeure lasting longer than a month. At the choice of the parties, Arthus-Bertrand may not honour the order, or the client may request restitution of the cost, in which case it shall fall to Arthus-Bertrand to refund the sums paid by the client in respect of the order in question, by crediting via bank transfer the corresponding price and costs to the account associated with the credit card used for secure payment.
Appendix: Certificate of conformity: reminder of applicable articles of the Consumer Code:
Article L211-4 :
The seller is required to deliver goods compliant with the contract and is responsible for any non-compliance existing at time of delivery. The seller is also responsible for non-compliance in packaging, assembly, or installation instructions, when this latter is contractually placed or performed under its responsibility.
Article L211-5 :
In order to comply with the contract, the item must:
1º Be appropriate for the use generally intended of a similar item and, where applicable:
- match the description given by the seller and possess the qualities presented by the seller to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect in the light of facts publicly claimed by the seller, producer or its representative, notably in advertisements or on the labelling ;
2º Or present the characteristics defined by common agreement by the parties or be appropriate for any special use sought by the buyer, brought to the seller's knowledge and accepted by the latter.
Article L211-8 :
The buyer is entitled to require the item's compliance with the contract. He shall not, however, dispute its compliance on the grounds of a defect already known to him, or whose existence he could not deny at the time of concluding the contract. The same applies when the defect originates in the materials he has provided himself.
Article L211-9 :
In case of non-compliance, the buyer shall choose to have the item repaired or replaced.
However, the seller shall not be obliged to comply with the buyer's choice if that choice entails obviously disproportionate costs compared to the alternative, given the item's value or the extent of the defect. He is then required to proceed, unless otherwise impaired, with the alternative not chosen by the buyer.
Article L211-10 :
If the repair and replacement of the item are impossible, the buyer may return the item and request restitution of the price or keep the item and receive part of the price. The same option is open to him:
1º If the solution requested, proposed or agreed in application of article L. 211-9 cannot be implemented within a month following the buyer's complaint;
2º Or if said solution cannot be implemented without major inconvenience to the buyer given the nature of the item and the intended use.
The transaction cannot be cancelled in case of minor non-compliance.
Article L211-11 :
The provisions of articles L. 211-9 and L. 211-10 are applied at no expense for the buyer.
The same provisions do not impede the allocation of compensation.
Article L211-12 :
Proceedings arising from non-compliance shall be instituted within two years from the item's delivery.
Article L211-13 :
The provisions of this section do not deprive the buyer of the right to institute proceedings arising from redhibitory defects, such as those resulting from articles 1641 to 1649 of the civil code or any other proceedings of a contractual or extra contractual nature recognised by law.
