Terms and conditions of sale

Article 1 – Definitions

These Terms and Conditions of Sale (hereinafter the "T&Cs") govern sales made on the amoria-paris.com website, operated under the Amoria Paris brand. The following terms are used below: "Site": the "https://amoria-paris.com" website and all of its pages, the exclusive property of the Company. "Products" or "Services": all products (goods) and services that may be purchased or subscribed to on the Site. "Seller": Amoria Paris, the legal or natural person offering its Products or Services on the Site. "Customer": the internet user, whether a private individual or a professional, making a purchase of Product(s) or Service(s) on the Site. "Consumer": any natural person acting for purposes which are outside their commercial, industrial, craft or professional activity. Any internet user visiting the Site and interested in the Products and Services offered by the Seller is invited to read these T&Cs carefully, to print them and/or save them on a durable medium, before placing an order on the Site. The Customer acknowledges having read the T&Cs and accepts them in full.

Article 2 – Application of the T&Cs and purpose of the Site

The Seller reserves the right to amend the T&Cs at any time by publishing a new version on the Site. The T&Cs applicable to the Customer are those in force on the day of their order. Legal information about the Site's host and publisher, the collection and processing of personal data and the terms of use of the Site are provided in the terms of use, the legal notice and the data policy of this Site. This Site offers the online sale of jewellery. The Site is freely and freely accessible to any Customer. The purchase of a Product or Service implies the Customer's acceptance of all of these T&Cs, which they thereby acknowledge having fully understood. This acceptance may consist, for example, of the Customer ticking the box corresponding to the acceptance of these T&Cs, bearing for example the wording "I acknowledge that I have read and accepted all of the Site's terms and conditions". Ticking this box shall be deemed to have the same value as a handwritten signature by the Customer. Acceptance of these T&Cs presupposes that Customers have the legal capacity required to do so. If the Customer is a minor or does not have such legal capacity, they declare that they have the authorisation of a guardian, a curator or their legal representative. The Customer acknowledges the evidential value of the Seller's automatic recording systems and, unless they provide evidence to the contrary, waives the right to challenge them in the event of a dispute. Any Order of Products implies the Customer's unreserved acceptance of and full adherence to these Terms and Conditions of Sale, which prevail over any other document: catalogues, advertisements, notices, unless otherwise expressly agreed in advance by the Company.

Article 3 – Customer service

This Site's customer service is accessible by email at the following address: "support.amoriaparis@gmail.com", by form or by post at the address indicated in the legal notice. The Customer must state in the email their first name, surname, the subject of their request and their Order number. For any professional enquiry (partnership, media, contract proposal), the Company can be reached only by email at support.amoriaparis@gmail.com.

Article 4 – How orders are placed and description of the purchase process

The Products and Services offered are those appearing in the catalogue published on the Site. Each product is accompanied by a description drawn up by the Seller based on the descriptions provided by the supplier. The photos on the Site are non-contractual and may vary noticeably from the models photographed. These variations are due to the settings of the various screens and cameras, the lighting of the products, the shooting angle, etc. The "Basket" is defined below as the intangible object grouping together all the Products or Services selected by the Customer of the Site for purchase by clicking on those items. In order to place an order, the Customer chooses the Product(s) they wish to order by adding them to their "Basket", the contents of which may be modified at any time.

  1. The Customer places the Order on the Site: the Customer records and confirms the Order on the Site.
  2. To place an order on the Site, the Customer freely selects one or more Products from the Site's catalogue by clicking the "add to Basket" button. On the "Basket" page, the Customer can check the details of their Order and correct any errors before confirming it.
  3. On the "Information" page, the Customer must enter their contact details. They may opt to track their Order by email by ticking the required box.
  4. On the "Shipping" page, the Customer must choose the shipping method offered to them.
  5. On the "Confirmation" page, the Customer must enter their bank details and billing address. The Customer also has the option of entering a promotional code if they have one.
  6. A full summary of the Order appears. The Customer has the option of modifying all the elements of the Order before finalising it. The Customer is responsible for any errors relating to the Order, the Products and the contact information.
  7. The sale is validly formed when the Customer has confirmed the Order by clicking the "Finalise my order" button, has accepted the Terms and Conditions of Sale, and has made payment according to the method they have chosen, subject to the exercise of the right of withdrawal.

The order validation date corresponds to the date of receipt of the cash payment of the total price including tax, duly recorded.

Article 5 – Prices and terms of payment

Unless otherwise stated, the prices in the catalogue are expressed in Euros, all taxes included, taking into account the VAT applicable on the day of the order and excluding any contribution to processing and shipping costs. Amoria Paris reserves the right to pass on any change in the VAT rate to the price of the Products or Services. The Seller also reserves the right to change its prices at any time. Nevertheless, the price appearing in the catalogue on the day of the order will be the only one applicable to the Customer. The Customer can place an order on this Site and can pay by credit card, Bancontact, Apple Pay or Paypal. Card payments are made through secure transactions provided by an online payment platform provider. This Site has no access to any data relating to the Customer's means of payment. Payment is made directly to the bank or payment provider receiving the Customer's payment. In the event of payment by bank transfer, the delivery times defined in the "Deliveries" article of these T&Cs only start to run from the date of actual receipt of the payment by the Seller, who may prove this by any means. Product availability is indicated on the Site, in the description sheet of each Product. Amoria Paris will archive order forms and invoices on a reliable and durable medium constituting a faithful copy. Computerised records will be considered by the parties as proof of the communications, orders, payments and transactions between the parties.

Article 6 – Deliveries

Delivery costs will be indicated to the Customer before any payment. The delivery areas served are those offered to the Customer when validating their order. The delivery times indicated at the time of the order are for information only and remain dependent on any delays by postal services or other special circumstances preventing delivery (demonstrations, bad weather, etc.). In the event of delivery of a Product outside the territory of the European Union, the Customer declares themselves to be the importer of the Product and accepts that, in such a case, the Seller may be physically unable to provide accurate information on the total amount of costs relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested. Unless otherwise stated on the Site during the order process or in the description of the Products ordered, the Seller undertakes in all cases to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract with a Consumer Customer. Upon a hand delivery, the customer may refuse a parcel at the time of delivery if they find an anomaly relating to the delivery (damage, Product missing compared with the delivery note, damaged parcel, broken Products, etc.); any anomaly must then be indicated by the Customer on the delivery note, in the form of handwritten reservations, accompanied by the Customer's signature. To exercise their right of refusal, the Customer must open the damaged or defective parcel(s) in the presence of the carrier and have the damaged goods taken back. Upon a delivery to a letterbox, the customer undertakes to check the parcel immediately and to contact Amoria Paris support if they find any anomaly. Failing to comply with these requirements, the Customer will not be able to exercise their right of refusal, and the Seller will not be required to comply with the Customer's request to exercise the right of refusal. If the Customer's parcel is returned to the Seller by the postal service or by other postal providers, the Seller will contact the Customer upon receipt of the returned parcel to ask how they wish to proceed with their order. If the Customer refused the parcel by mistake, they may request that it be resent after first paying the postage costs for the new shipment. Postage costs must be paid even for orders whose shipping was free at the time of the order. In the event of a delivery error or exchange (if the right of withdrawal applies, i.e. if the Customer is a Consumer and the contract concluded to acquire the Product or Service allows withdrawal), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from clumsiness or mishandling by the Customer cannot be attributed to the Seller. Any delivery delay compared with the date or time indicated to the Consumer Customer at the time of their order or, failing an indication of a date or time at the time of the order, exceeding thirty (30) days from the conclusion of the contract, may lead to the cancellation of the sale at the initiative of the Consumer Customer, upon their written request by registered letter with acknowledgement of receipt, if, after having instructed the Seller to make the delivery, the Seller has failed to do so. The Consumer Customer will then be refunded, no later than fourteen (14) days from the date on which the contract was cancelled, for all sums paid. This clause is not intended to apply if the delivery delay is due to a case of force majeure. Special case of a parcel whose tracking number indicates that it is "delivered" but not received in the letterbox: if the Customer notes and informs the Seller that the parcel is not in their letterbox even though its tracking number indicates that it is "delivered", customer service may ask them for additional information as well as an official document from the carrier responding to their complaint regarding the corresponding tracking number. The Seller will then do everything possible to ensure the Customer's satisfaction, in particular by offering to resend the products at its own expense.

Article 7 – Right of withdrawal and withdrawal form

Personalised jewellery. Jewellery genuinely made to your specifications or clearly personalised is created especially for you. This may include an engraving, a name, initials or a birthstone combination made according to your choices. Such items cannot be returned or refunded for a simple change of mind, as the legal exception for personalised goods applies. Simply choosing a standard size or colour does not necessarily constitute personalisation. This exclusion does not apply to claims for a defective item, one damaged on delivery or not matching your order, in particular if we carried out a personalisation different from the one ordered. Contact support.amoriaparis@gmail.com with your order number and, if possible, photos of the issue. We will offer the solution provided by applicable law: repair, replacement, price reduction or refund as the case may be. Your legal rights remain unaffected, in particular in the event of non-delivery. An error in the choices entered by the customer does not, by itself, constitute a non-conformity attributable to the seller. Other items and right of withdrawal. We do not offer an additional 30-day commercial return window for new orders subject to these terms. Mandatory legal rights continue to apply. In the European Union, consumers generally have 14 days from receipt to withdraw from a distance purchase, subject to legal exceptions, in particular for genuinely personalised goods. The rights applicable in your country remain protected. Orders already placed keep the terms applicable at the time of purchase. Cancellation and return procedure. If you wish to modify or cancel your order, contact us as soon as possible. We will check whether this is still possible given its preparation status, without limiting your legal rights. Before any return, contact us to receive the instructions and the appropriate address; an unequivocal statement is enough to exercise a legal right of withdrawal where one exists. The direct costs of a return for convenience are your responsibility where they may lawfully be charged to you. For a defect, damage or non-conformity that is our responsibility, the costs are covered in accordance with applicable law. No legal right is excluded solely because an item is on sale. Any refund due is made according to the applicable legal terms and time limits, to the original means of payment unless a valid agreement is reached for another method at no extra cost. Exercising a legal right of withdrawal. Where a 14-day legal right of withdrawal applies, inform us of your decision before it expires and return the item no later than 14 days after that notification. You may use the optional template below or any other unequivocal statement. In the European Union, any refund due is made within 14 days of notification, with the legal option to withhold it until the item is received or proof of dispatch is provided. Standard delivery charges paid are refunded where they must be; the supplement for a more expensive method chosen by the customer is not necessarily refunded. The item may be examined as it would be in a shop; any depreciation due to handling beyond that may be taken into account within legal limits. Optional template: To Amoria Paris, support.amoriaparis@gmail.com. I hereby give notice of my withdrawal concerning the following item: … Ordered on: … Received on: … Order number: … Name and address: … Date: … Signature only for a paper notification. No reason is required.

Article 8 – Product warranty

All items purchased on this site benefit from the legal warranties provided by the applicable consumer protection law. Legal warranty of conformity. The Seller is required to deliver goods that conform to the contract concluded with the Consumer Customer and to be liable for defects of conformity existing at the time of delivery of the Product. The warranty of conformity may be exercised if a defect existed on the day the Product was taken into possession. In the event of a defect of conformity, the consumer is entitled to have the goods brought into conformity by repair or replacement, or to an appropriate price reduction or to termination of the contract, under the conditions provided by law. The Seller may not proceed according to the buyer's choice if that choice entails a cost that is manifestly disproportionate compared with the other option, taking into account the value of the goods or the significance of the defect. Warranty against hidden defects. In the event of non-conformity of a delivered Product, it may be returned to the Seller, who will replace it. If the Product cannot be replaced (obsolete Product, out of stock, etc.), the Customer will be refunded the amount of their order by bank transfer. The costs of the exchange or refund procedure (in particular the return shipping costs of the Product) are then borne by the Seller.

Article 9 – Liability

The Seller Amoria Paris cannot be held liable for non-performance of the concluded contract due to the occurrence of an event of force majeure. As regards the Products purchased, the Seller will incur no liability for any indirect damage arising from these terms, loss of business, loss of profit, damage or costs that may arise. The choice and purchase of a Product or Service are the sole responsibility of the Customer. The total or partial inability to use the Products, in particular due to hardware incompatibility, cannot give rise to any compensation, refund or liability on the part of the Seller, except in the case of a proven hidden defect, non-conformity, defectiveness or exercise of the right of withdrawal where applicable. The Customer expressly acknowledges that they use the Site at their own risk and under their sole responsibility. In any event, Amoria Paris may not under any circumstances be held liable:

  • for any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers or data that may result, among other things, from the use of the Site, or conversely from the inability to use it;
  • for a malfunction, an unavailability of access, misuse, an incorrect configuration of the Customer's computer, or the use of a browser rarely used by the Customer;
  • for the content of the advertisements and other links or external sources accessible by Customers from the Site.

The Seller's liability cannot therefore be engaged if the characteristics of the Products differ from the images on the Site or if the latter are incorrect or incomplete.

Article 10 – Force majeure

Events beyond the control of the parties, which they could not reasonably have been expected to foresee, and which they could not reasonably have avoided or overcome, to the extent that their occurrence makes performance of the obligations totally impossible, are considered cases of force majeure or unforeseeable circumstances. The occurrence of a case of force majeure will automatically suspend performance of the Order. Beyond a period of ninety (90) calendar days, if the parties note that the case of force majeure persists, the Order may be cancelled by either party, and the sales contract terminated. To this end, the more diligent party must send the other a registered letter with acknowledgement of receipt terminating the said sales contract. The effective date of termination will be the date on which the letter is first presented. In this case, neither party may claim the award of damages, unless the two parties agree otherwise.

Article 11 – Intellectual property rights

All elements of this Site belong to the Seller or to a third-party agent, or are used by the Seller with the authorisation of their owners. All texts, comments, works, illustrations and images, whether visual or audio, reproduced on the Site are protected by copyright, trademark rights, image rights and patent rights. No one is authorised to reproduce, exploit, redistribute or use, on any grounds whatsoever, even partially, any elements of the Site. Any simple or hypertext link is strictly prohibited without the express written agreement of the Company. In any event, any link, even tacitly authorised, must be removed at the Company's simple request. Only use of the Site for private purposes is authorised, subject to different or more restrictive provisions of intellectual property law. Any total or partial reproduction of the Company's catalogue is strictly prohibited. Any other use constitutes infringement and is punishable under intellectual property law unless prior authorisation is obtained. Any reproduction, representation or adaptation of the logos, text, pictographic or video content, without this list being exhaustive, is strictly prohibited and amounts to infringement. Any Customer who is guilty of infringement may have their account deleted without notice or compensation, without prejudice to any subsequent legal proceedings against them, at the initiative of the Seller or its agent. The trademarks and logos contained in the Site may be registered by Amoria Paris, or possibly by one of its partners. Any person who reproduces, represents, embeds, distributes or redistributes them incurs the penalties provided for by applicable intellectual property law.

Article 12 – Processing of personal data

The Company collects the Customer's data: a) in order to process and track the Customer's Order on its Site; (and/or) b) in order to be able to contact you about various events relating to the Company, including in particular Product updates and the management of the customer relationship; (and/or) c) in order to collect information enabling us to improve the Site and our Products (in particular through cookies).

The data collected is processed by the Site's contractual providers responsible for the packaging and distribution of the ordered Products as well as by the hosting provider, Shopify Inc., whose servers are secure and protected by a firewall. The data collected is kept by the Company only for the time corresponding to the collection purposes above and which may not in any event exceed five (5) years. In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Data Protection Regulation (GDPR), the Customer has a right of access, modification, rectification, deletion or objection on legitimate grounds regarding their data. The Customer may exercise their rights by email at support.amoriaparis@gmail.com.

Article 13 – Comments and other user submissions

If the Customer sends ideas, suggestions or other material, whether online, by email, by post or otherwise (collectively, "comments"), whether at the Company's request or not, the Customer grants the Company the right, at any time and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any medium any comment that the Customer sends it. The Company is not and shall not be required (1) to maintain the confidentiality of the comments; (2) to pay compensation to anyone for any comment provided; (3) to respond to the comments. The Company may monitor, edit or remove content that it considers, in its sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or criminally reprehensible, or that infringes any intellectual property or these Terms and Conditions of Sale. The Customer undertakes to write comments that do not infringe the rights of third parties, including copyright, trademarks, privacy, personality or other personal or property rights. The Customer undertakes not to write in their comments any unlawful, defamatory, offensive or obscene content, and to ensure that they do not contain any computer virus or other malware that could affect the operation of the Site or other associated websites. The Customer undertakes not to use a false email address, to pretend to be someone else, or to attempt to mislead the Company and/or third parties as to the origin of their comments. The Customer is entirely responsible for their published comments and their accuracy. The Company assumes no liability and disclaims any commitment with regard to the comments published by the Customer or any third party.

Article 14 – Severability of clauses

If a provision of the T&Cs is found to be unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from the T&Cs and shall not affect the validity and enforceability of the remaining provisions. These T&Cs replace all prior or contemporaneous written or oral agreements. The T&Cs may not be assigned, transferred or sublicensed by the Customer themselves. A printed version of the T&Cs and of all notices given in electronic form may be requested in judicial or administrative proceedings relating to the T&Cs. The parties agree that all correspondence relating to these T&Cs may be drawn up in English or French.

Article 15 – Governing law and dispute resolution

These Terms and Conditions of Sale are subject to the law applicable within the European Union regarding distance selling and consumer protection. The Site reserves the right to bring criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited, blocked, stolen or falsified payment card. The fact that a clause of these Terms and Conditions of Sale becomes void and unenforceable shall not affect the validity of the other provisions and does not release the Customer from performing their contractual obligations. Indemnity. You agree to defend, indemnify and hold harmless the Company, its affiliates, managers, subsidiaries, successors, assigns, directors, agents, service providers, lawyers, suppliers and employees, from any claim or demand, including reasonable legal fees and court costs, caused by a third party by reason of or arising from your use of the website or of our products and services, your breach of the terms or your breach of your acknowledgements, agreements, representations, warranties and obligations hereunder. National or cross-border disputes that may arise regarding the validity, interpretation, performance or non-performance, interruption or termination of this contract may be submitted to an alternative dispute resolution procedure at the Customer's request. The European Commission provides an online dispute resolution (ODR) platform accessible at https://ec.europa.eu/consumers/odr, allowing Customers to file a request online together with supporting documents. The procedure is free for the Customer. If the Customer resorts, at any stage, to a lawyer, a third party of their choice or an expert to defend them, they alone bear the costs. Participation in an alternative dispute resolution procedure does not exclude the possibility of an action before a court. The parties remain free to submit their dispute to a court within the framework of the applicable legal provisions. The Consumer Customer may also bring proceedings before the court of their place of domicile.