GENERAL TERMS AND CONDITIONS OF SALE

Preamble and Purpose
These General Terms and Conditions of Sale (hereinafter referred to as “GTC”) govern the sale of products under the Persan & Bellefond brand (hereinafter the “Product(s)”) on the website www.persanbellefond.com (hereinafter the “Persan & Bellefond Online Store”). The Persan & Bellefond Online Store is operated by SAS Richemont & Jourdier, with a registered capital of €25,000, headquartered at 8, rue Thomassin, 69002 Lyon, France, and registered with the Lyon Trade and Companies Register under number 921 692 638. The company Richemont & Jourdier markets the Persan & Bellefond brand Products in Europe, in the euro zone. Any order or purchase of Products from the Persan & Bellefond Online Store constitutes full and unconditional acceptance of these GTC by the customer (hereinafter the “Customer”). These GTC may be modified at any time, and the conditions applicable are those accepted by the Customer when placing an order. The Products offered for sale on the Persan & Bellefond Online Store are intended for non-professional Customers with full legal capacity to make online purchases. These general terms and conditions of sale apply to all sales of Products concluded via the Persan & Bellefond Online Store for delivery to countries within the Eurozone: Germany, Austria, Belgium, Cyprus, Spain, Estonia, Finland, France, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Portugal, Slovakia, and Slovenia. For any questions regarding an order, the Customer can contact the Persan & Bellefond Customer Service: These GTC can be consulted and saved on the website www.persanbellefond.com. They will be applicable as long as they are displayed on the website. In the event of the website’s removal, they will no longer be enforceable against the company Richemont & Jourdier. By placing an order on the Persan & Bellefond Online Store, the Customer acknowledges having read and accepted without reservation these general terms and conditions of sale.

1. Products

The Products offered for sale on the Persan & Bellefond Online Store are available, along with their references, from retailers as well as on the website. The information provided complies with the current legal and regulatory provisions, including articles L. 111-1 and L. 113-3 of the French Consumer Code, as well as the French ministerial decree of December 3, 1987 concerning consumer information regarding prices.

2. Prices

The prices of Products mentioned in these general terms and conditions of sale and on the Persan & Bellefond Online Store are valid at the time of the order. All prices and amounts are indicated in euros, inclusive of all taxes (French VAT of 20%), and do not include delivery fees. Delivery fees are clearly indicated on the Persan & Bellefond Online Store.

The company Richemont & Jourdier reserves the right to modify its prices at any time. However, it is important to note that the price displayed on the Persan & Bellefond Online Store at the time of the order will be the sole applicable price to the Customer. In accordance with article L.121-19 of the French Consumer Code, the Customer will receive a written confirmation upon delivery detailing the price paid for each Product, including the delivery fees.

3. Order

Orders can be placed on the Persan & Bellefond Online Store. The photographs, graphics, and descriptions of the Products offered for sale are purely indicative and do not engage the responsibility of the company Richemont & Jourdier. In the event of a manifest error between the characteristics of the Products and their representation, the responsibility of the company Richemont & Jourdier cannot be engaged. Photographs of the Products are provided for reference and may show slight differences compared to the actual Products, particularly in terms of colours and materials. To place a first order, the Customer must complete an order form by filling in the mandatory fields. This will allow the company Richemont & Jourdier to consider the Customer’s selection. In accordance with article 1369-2 of the French Civil Code, the Customer will have the opportunity to review the details of their order and its total price, correct any errors before confirming the order, and express their acceptance. Once the Customer has validated their order, the company Richemont & Jourdier will acknowledge receipt immediately and electronically. However, the sale will only be considered concluded after the Customer receives an order confirmation from the company Richemont & Jourdier, specifying the dispatch of the Products. Only the dispatched Products and their corresponding delivery fees will be debited.

The Customer is responsible for providing accurate and up-to-date information when placing the order, especially concerning their delivery address. In the event of an error in the delivery address provided by the Customer, the company Richemont & Jourdier declines all responsibility for any inability to deliver the ordered Product.

The validation of the order by the Customer implies a final acceptance of these General Terms and Conditions of Sale. The company Richemont & Jourdier reserves the right to refuse or cancel any order from a Customer in the event of a dispute relating to the payment of a previous order or for any other legitimate reason, particularly in cases of suspected fraud. This decision may be made at the discretion of the company Richemont & Jourdier and does not engage its liability towards the Customer.

If the Customer has created a personal account on the Persan & Bellefond Online Store, they have the possibility to consult the details of their order as well as their order history. This provides access to all information related to their purchases.

The company Richemont & Jourdier reserves the right to refuse to fulfill an order in the event of abnormal quantity and/or amount (considered unusual), abuse, or non-compliance with the GTC provisions. Similarly, the company Richemont & Jourdier cannot be held responsible for administrative and/or technical disruptions caused by a virus, unauthorized human intervention, or any other cause beyond its control. In cases of strong presumption of fraud or proven fraud, including in digital form, the company Richemont & Jourdier reserves the right to interrupt or cancel the ongoing order. In such cases, the Customer will be informed by email of the cancellation of their order and will be refunded any previously paid amounts.

4. Product Availability

Products are made to order and are not kept in stock. The availability of Products and the materials that compose them is subject to confirmation when placing the order. Although the company Richemont & Jourdier strives to maintain an optimal level of availability for all Products, it cannot guarantee permanent availability, especially for limited-quantity Products.

The company Richemont & Jourdier makes every effort to ensure the accuracy of information regarding Product availability. However, exceptional errors may occur. In case of unavailability of an ordered Product, the company Richemont & Jourdier undertakes to inform the Customer as soon as possible and propose an appropriate solution.

In the event of unavailability of an ordered Product, Richemont & Jourdier undertakes to promptly inform the Client through appropriate means. The Client will then have the option to:

  1. Await availability of the Product, if it is expected to become available shortly. Richemont & Jourdier will provide information regarding the potential shipping time.
  2. Cancel the order. In this case, the Client will be refunded the amount paid within a maximum period of 14 (fourteen) days from the cancellation of the order.

5. Payment Terms

The Client may settle purchases only by credit card or online payment service. Credit cards such as Visa and Eurocard/Mastercard, issued by banks in certain countries, are accepted. These countries include: Germany, Austria, Belgium, Cyprus, Spain, Estonia, Finland, France, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Portugal, Slovakia, and Slovenia. The order amount is debited from the Client’s credit card or online payment account at the time of order preparation. To proceed with payment, the Client assures Richemont & Jourdier that they are the cardholder and that the name on the debiting card matches theirs. The Client provides card information such as the number, expiration date, and CVV in a secure online environment. For online payments, checks will be conducted with relevant banks and financial institutions to combat internet fraud. Richemont & Jourdier will be responsible for storing and automatically processing information regarding each order, including credit card details, in a secure environment. In accordance with the French Data Protection Act of January 6, 1978, the Client has the right to access, rectify, and object to the use of their personal data at any time. To exercise these rights, the Client can write, enclosing proof of identity, to the following address: Richemont & Jourdier, 8 rue Thomassin, 69002 Lyon – France. If, for any reason (objection, issuer refusal, etc.), debiting the due amounts from the Client becomes impossible, the sale will be immediately voided, and the online purchasing process will be canceled. The provisions of Article 1341 of the French Civil Code do not apply to remote sales by Richemont & Jourdier.

6. Delivery and Receipt Policy

Richemont & Jourdier commits to delivering ordered Products to the delivery address specified by the Client during their order, provided the address is within the geographical areas served by Richemont & Jourdier: Germany, Austria, Belgium, Cyprus, Spain, Estonia, Finland, France, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Portugal, Slovakia, and Slovenia. For deliveries outside these areas, the Client is advised to contact Customer Service for additional information. Deliveries are not possible to hotels, business addresses, or post office boxes. Once the order is confirmed by Richemont & Jourdier and subject to availability, the ordered Products will be shipped within four to six weeks, corresponding to manufacturing time. However, this timeline may be subject to unforeseen delays beyond the control of Richemont & Jourdier. Upon shipment, a confirmation of the shipping date and an estimated arrival date will be sent to the Client. It is the Client’s responsibility to receive the order and immediately verify the conformity of all delivered Products upon receipt. The Client must report any observed anomalies (opened package, damaged Product, etc.) by issuing written reservations accompanied by their signature on the delivery receipt. If a reservation cannot be noted on the delivery receipt, the Client can send appropriate reservations to the carrier via registered letter with acknowledgment of receipt, with a copy sent to Richemont & Jourdier, within three (3) days following receipt of the package. Any claims, reservations, or disputes must be made in writing to be considered. Therefore, any claim made to Richemont & Jourdier’s Customer Service by phone must be confirmed by email to contact@persanbellefond.com or by postal mail to the address: Richemont & Jourdier, 8 rue Thomassin, 69002 Lyon – France. A handwritten or electronic signature is required upon delivery. Risk and responsibility for the Products are transferred to the Client upon delivery. If the Client designates a different recipient, their signature constitutes proof of delivery and transfer of responsibility.

7. Right of Withdrawal and Product Returns

Richemont & Jourdier places great importance on customer satisfaction and aims to provide optimal conditions for exercising the right of withdrawal, in accordance with Article L.121-1 of the French Consumer Code. The Client has 14 days from receiving the goods to exercise their right of withdrawal. Before the expiry of this period, the Client must send a withdrawal statement by mail (Richemont & Jourdier, 8 rue Thomassin, 69002 Lyon – France) or by email (contact@persanbellefond.com). Once withdrawal is exercised, the Client must return the product(s) within 14 days to the following address: “Richemont & Jourdier, 8 rue Thomassin, 69002 Lyon, France,” in their original packaging, in new and unused condition, without any alteration (raw materials and stones), including all accessories, the certificate of authenticity, and original documents. The Client is responsible for proof of return, which must be sent by registered mail or any other means providing a certain date. The costs and risks associated with the return are borne by the Client. The refund for returned Products will be made within thirty days following the receipt of the Products by Richemont & Jourdier. The refund will be issued via the original payment method, by crediting the bank account corresponding to the credit card used for the purchase. It’s important to note that exchanges of Products are not possible with Persan & Bellefond retailers. The right of withdrawal is strictly reserved for the Client who made the initial purchase. It’s important to emphasize that the gift recipient cannot exercise this right of withdrawal and claim a refund. Only the original buyer is eligible for a refund in accordance with the provided conditions. Returned Products that are incomplete, scratched, damaged, or soiled by the Client will not be refunded.

8. Conformity – Warranty

The Client is responsible for verifying the conformity of the delivered Products with their order. In case of non-conformity, the Client must inform the Customer Relations Service of Richemont & Jourdier by phone and return the Products as specified in Article 7 of these general terms and conditions. Richemont & Jourdier’s Products are subject to the warranties provided by French law, in addition to the specific warranties provided to the Client with the delivered Products.

The following are reminders of articles from the French Consumer Code and the Civil Code:

  • Article L.211-4: The seller must provide goods that are in conformity with the contract and is responsible for defects of conformity resulting from packaging, assembly instructions, or installation.
  • Article L.211-5: To be in conformity with the contract, the goods must be suitable for customary use and correspond to the description given by the seller, to the qualities announced, and to the characteristics agreed upon by the parties.
  • Article 1641: The seller is liable for hidden defects in the thing sold that render it unfit for the intended use, or that so diminish its value that the buyer would not have acquired it, or would have paid a lower price for it, had they known of them.
  • Article 1648: The action resulting from the lack of conformity is time-barred two years from the delivery of the goods.

In the case of proven hidden defects, case law provides for the free repair of the Product, including labor costs, its replacement, or the total or partial refund of its price.

9. Claims

For any inquiries, claims, or questions regarding the online sales conditions established by Richemont & Jourdier or the Products themselves, Clients are invited to contact the customer service by email at contact@persanbellefond.com, including, if applicable, their order number for prompt and accurate assistance.

10. Data Protection

Richemont & Jourdier ensures the confidentiality of the personal information provided by the Client. The data collected during the order process will be used solely for processing the order, delivering the Products, and managing the Client’s account.

Security measures are implemented by Richemont & Jourdier to ensure the protection and confidentiality of the Client’s personal data, in compliance with applicable laws. No disclosure to unauthorized third parties will be made, except in cases of legal obligation or express authorization from the Client.

The Client has the rights to access, rectify, and delete their personal data at any time. To exercise these rights, the Client can contact Richemont & Jourdier using the contact details provided on the Persan & Bellefond online Boutique website.

In order to ensure the security of online transactions, Richemont & Jourdier may collect additional information such as the IP address, type of browser used, or pages visited, for the purpose of preventing fraud and improving transaction security.

11. Intellectual Property

Richemont & Jourdier holds exclusive ownership of the Persan & Bellefond brand, as well as other brands, illustrations, images, and logos present on its Products, accessories, and packaging. Any reproduction, modification, or use of these elements, whether partially or entirely, on any medium, is strictly prohibited without the prior consent of Richemont & Jourdier. This prohibition also extends to any combination or association with other trademarks, symbols, or distinctive signs to create a composite logo. Furthermore, all copyrights, designs, models, and patents owned by Richemont & Jourdier are protected by this prohibition.

12. Force Majeure

In the event of force majeure or an unforeseeable event affecting the performance of Richemont & Jourdier’s obligations, the company may suspend all or part of its commitments. Force majeure situations include, but are not limited to, war, riots, insurrection, social unrest, strikes of all kinds, and supply issues. Richemont & Jourdier undertakes to promptly inform its Clients of any force majeure situation within seven days. If this suspension were to continue beyond fifteen days, Clients will have the option to terminate their current order and receive a refund in accordance with the general terms and conditions, Article 7.

13. Disputes

These general terms and conditions of sale are governed and interpreted according to French laws. In the event of a dispute, disagreement, controversy, or claim related to the sales conditions, Richemont & Jourdier encourages its Clients to contact them. The contact details are provided in the preamble of these general terms and conditions of sale. Clients also have the option to resort to alternative methods of dispute resolution, such as mediation. To do so, they can contact the mediator of Richemont & Jourdier, CM2C, 49 rue de Ponthieu, 75008 Paris – France, or use the CM2C website: https://www.cm2c.net/. Additionally, Clients can access the European Online Dispute Resolution platform at www.ec.europa.eu/consumers/odr, aimed at achieving an amicable resolution of the dispute. Clients are free to accept or decline mediation, and if the Parties decide to use this method, each is free to accept or reject the solution proposed by the mediator. However, the deadline to submit a request to the mediator cannot exceed one year from the written complaint addressed to Richemont & Jourdier. In the absence of an amicable resolution or recourse to mediation, any dispute arising from these general terms and conditions of sale will be submitted to the competent courts in accordance with the applicable laws.

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