General conditions of sale for distance selling

PRELIMINARY ARTICLE
The company JAUBALET (hereinafter called the "Company") creates, designs and sells throughout the world jewellery.

To meet its customers' expectations better, the Company has established a system of distance selling via Internet. The Website is operated by the company JAUBALET Paris, the company offering the goods.

ARTICLE 1 – SCOPE
The present general conditions of sale are applicable to all sales of items bearing brands of the Company concluded by distance selling, chiefly via the website http://www.jaubalet.com/, or any other direct link (hereinafter called the "Site"):

1. through order taking from customers, natural persons acting in their capacity as consumers (within the meaning of the law and established precedents). A client is regarded as any consumer who is a natural person and who is acquiring the items for his own exclusively personal use.
2. with a view to delivery to said customers, natural persons on their own account or to any third party of their choice likewise having the capacity of consumer.

All distance selling of items bearing the brand of the Company shall be subject to the present general conditions of sale, which the customer accepts. These conditions could undergo amendments and updates; the conditions applicable to the order of an item by the customer shall be those in force on the day and time of payment of the order.

The system thus introduced, which supposes the client’s active participation, complies in all respects with the requirements relating to distance selling, particularly Articles L111-1, L113-3 and L121-18 and following of the Consumer Code.

In the event that the public is still able to access these GCS via other Internet sites or by any others means after the date on which they were removed from the website, these GSC will no longer be used as evidence against JAUBALET Paris.

The present general conditions of sale shall apply in particular to cases of distance selling and may not replace, amend or alter in any way the provisions of the legal notices governing the conditions of use of the Site and in particular all provisions concerning intellectual property rights.

ARTICLE 2 – IDENTIFICATION OF THE INITIATOR OF THE OFFER
JAUBALET, a simplified joint-stock company (société à responsabilitée limitée) with a registered capital of €40,000, registered in the Paris Corporate and Trade Register under the number RCS PARIS 501938559 whose head office is situated 16 place Vendôme 75001 Paris France
Phone: + 33 (0) 1 53 45 28 09- Fax: 00 33 (0) 1 53 45 28 29
E-mail address: contact@jaubalet-paris.com
VAT No. FR 08501938559

ARTICLE 3 – CONTENT OF THE OFFER AND LIMITATION OF LIABILITY
3.1 The items and prices we offer are valid while they appear on the website and within the limits of stock availability.

While taking the greatest care to ensure maximum accuracy with information posted online, with descriptions of the items and with the data available from the Customer Relationship Department or on the Site or from the shops, the Company may not be held liable for non-substantive errors that could occur.

Likewise, although the photographs and other reproductions of the items represent them faithfully on the Site, within the limits of technology and in accordance with the best market standards, they are, however, merely indicative and have no contractual value. In any case, in the event of a none conformity of the item delivered by comparison with its description, the Company agrees to correct its error, under the conditions of articles 8 and 9 hereafter.

More generally, the Company may not be held liable for:

1. interruptions or delays sustained by the Web Site due to the performance of maintenance work, technical failures, a case of force majeure, as a result of third parties or any other circumstances of whatsoever kind, independent of its will;
2. the impossibility for the customer to obtain access to the Site momentarily, due to facts independent of its will, such as cases of computer failure and failure of the Internet network.

3.2 The custom made option allows offers Clients the opportunity to create their own item of jewellery in line with their individual taste and budget. The aim is to allow the Client to choose from a selection of items, then choose the material (yellow gold, white gold, pink gold, silicone) and gemstone option (diamond, emerald, ruby, blue shaphire, pink saphire).

ARTICLE 4 – INTELLECTUAL PROPERTY
All names of lines, models of items that appear on the Website, as well as the domain name, are the exclusive property of the company JAUBALET. All intellectual property rights associated with the items created in association with the “Custom-made” options are and will remain the property of JAUBALET. Any utilisation, reproduction, even partial, of the designs, models, brand names, names of lines is totally prohibited.

ARTICLE 5 – ORDERING GOODS AND DELIVERY
5.1 To place an order, the customer must be a major and have legal capacity.
Orders are accepted within the limits of stocks available and production capacities. For this purpose, the customer is informed of the planned delivery time when taking the order.

Despite the Company's vigilance, if the items ordered are no longer available, the Company shall inform the customer by all means (telephone call or e-mail) as soon as possible and shall reimburse any price invoiced by crediting the customer's bank account.

The delivery time is given as an indication and, although the Company agrees to make its best efforts to comply with this delivery time, it may not be held contractually liable if the time is exceeded. In other words, a reasonable delay (within a limit of thirty days after the delivery time announced at ordering) relative to the indicated delivery time may not constitute grounds for cancellation or nullity of the sale concluded between the customer and the Company.

5.2 The customer agrees that all the information disclosed to the Company JAUBALET within the framework of the order is in conformity with the present general conditions of sale, complete, accurate and up-to-date. Failing that, the Company reserves the right purely and simply to cancel the order and the payment.
As a reminder, at ordering, the Company collects the following data of a personal nature: identity, ID (in this case the e-mail address of the customer) and password of the account owned by the customer on the Site, phone number, address of the customer's customary place of residence, delivery address and means of payment. This data is necessary for processing the order and may be disclosed to the contractual partners of the Company involved, in particular, in performance of the order.
In particular, the customer is informed that these same personal data are also collected by our bank, the bank in charge of collecting payment for the orders and of efforts to combat bank card fraud.
The occurrence of a dishonoured payment due to fraudulent use of a bank card will result in recording of the personal data relating to the order associated with this dishonoured payment in a "payment incidents" file established by our bank. In this same context, provision by the customer of incorrect information and any anomaly observed in his order may also be subject to special processing by our bank.
In accordance with the French "Informatique et Libertés" legislation (IT systems and private rights) of 6 January 1978, the customer has a right to access, modify, correct, object to and delete the personal data concerning him.
To exercise this right, he need simply send a letter to:
JAUBALET, Service Relations Clientèle, 16 place Vendôme 75001 Paris France

For the processing operations performed by the Company, the customer may exercise the same right by writing a letter and giving evidence of his identity to the Company.

5.3 The Company shall also be entitled to refuse any order: (i)placed by a customer with whom there might exist a dispute relating to payment of an earlier order; or (ii) not in conformance with the present general conditions of sale.
If the Company observes that the order does not comply with the present general conditions of sale (for example: incorrect delivery address, order thresholds exceeded), within a maximum period of six (6) days it shall inform the customer of this by telephone or by e-mail. Unless the customer corrects for the Company the information that is incorrect or contrary to the present general conditions of sale appearing in his order, the Company reserves the right purely and simply to cancel the order and payment.

5.4 The Client should check the contents of the order confirmation as soon as possible and let JAUBALET know immediately if there are any errors or omissions. Data entered via the Website constitutes evidence of all transactions entered into between JAUBALET and the Client. If a dispute arises between JAUBALET and one of its Clients regarding a Website transaction, the data entered by JAUBALET shall be regarded as absolute proof of the contents of the transaction. Invoices for all purchases made can be viewed by logging into “My Account”, which can be accessed from the Website.

ARTICLE 6 - ORDERING AND MEANS OF PAYMENT
Order taking on the Site is subject to strict compliance with the procedures described on the various screens leading to confirmation of the order.

The customer is prompted to pay for his purchase by bank card debit or by bank transfer. In the case of payment by bank card, the customer accepts in advance and unconditionally that the Company perform the secure transaction. The customer therefore authorizes his bank in advance to debit his account on sight of the records or statements forwarded by the Company, even in the absence of invoices signed by the hand of the card owner. The authorization to debit the customer's account is always given for the amount of the item(s) purchased as invoiced by the Company. The customer's bank card is debited within a period of at most six (6) days. In the event that, for whatsoever reason (stop payment, rejection by the issuing centre, etc.), debiting of the sums due by the customer were to prove impossible, the order will not be registered by the Company.

The sale shall be effective and hence constitute a contractual legal bond between the customer and the Company only once the sums due by the customer have been duly and completely paid to the Company, whether by bank transfer or by bank card debit.

In general, it is explicitly agreed between the Company and the customer that e-mails shall be good evidence between the parties, together with the automatic registration systems used by the Customer Relationship Department or on the Site, especially as regards the nature and date of the order.

ARTICLE 7 - PRICE OF ITEMS AND DELIVERY CONDITIONS
The prices shown on the Site are indicated in euros and shall be understood as including VAT, excluding delivery costs. The taxes in question do not apply to any customs or other duties that the customer may have to pay depending on his tax system. The prices invoiced are those applicable at the date of the order.

Delivery costs shall be payable by the Company.

The items shall be delivered to the delivery address indicated by the customer when ordering, on the understanding that they may in no case be delivered either in hotels or to PO Boxes or cedex.

Regarding this, the customer agrees to indicate, at confirmation of his order, the precise address of his customary place of residence. After payment of the amount of the order has been registered, the items shall be delivered to the delivery address indicated by the customer.

Orders are shipped Monday to Friday, except on public and national holidays. The merchandise must be delivered in the presence of a person who is legally of age, the delivery person handing the recipient the parcel receipt and asking him to sign it. Three (3) attempts will be made to deliver the goods per shipment. Should the parcel be refused, or after three (3) attempts to deliver it, the parcel will be returned to JAUBALET. If there is no-one available to take receipt of the parcel, an advice note saying, that an attempt has been made to deliver it will be left in the recipient’s letter box. The Client can then contact the carrier to reschedule delivery. When the goods are delivered, you should check that the Articles are in order and indicate any reserves you may have in writing, on the delivery note if possible. Please the sign it and note any anomalies observed (parcel opened, damaged, item damaged, missing, etc). You should then contact the Customer Consultants by telephone or e-mail.

ARTICLE 8 - TERMS OF PAYMENT
a) The Client can pay the cost of his order if the total amount is under € 20,000:

- with the following credit cards : Carte bleue, Visa, Mastercard, American Express.

- By banking transfer

b) When the total amount of the order is above € 20.000, the Client will be invited to pay the cost of this order by banking transfer.

ARTICLE 9 - RIGHT OF RETRACTATION AND RETURN OF ITEMS
In accordance with the provisions of articles L.121-20 et seq. of the French Consumer Code, the customer shall have a right of retractation that he may exercise, without having to explain the reasons, within a period of seven (7) clear days following receipt of the items. In this context, he has the right to return the delivered items within this period, in their original packing (dans le cas de la vente de diamant seul, aucun retour ne peut être accepté si la boîte de présentation de la pierre a été ouverte c'est-à-dire si le scellé en cire a été cassé), in perfect condition, complete (accessories, manual, guarantee, etc.) and accompanied by a copy of the invoice. The customer shall first inform the Customer Relationship Department of the Company which will issue him an order number that absolutely must be shown on the returned invoice.

It shall be incumbent on the customer to retain all proof of this return, which implies that the items be returned by registered letter, or by any other means establishing a definite date, the costs of return remaining in all cases payable by the customer et un forfait de 70 euros sera déduit par Jaubalet sur le montant du remboursement pour couvrir les frais administratifs. Repayment of the invoiced price of the returned items shall be performed by crediting the bank account of the customer, at the latest within thirty days following the receipt, by the Company, of the returned items. If the customer so wish, the Company may issue him a credit note for an amount equivalent to his order. In such cases, the invoiced price of the returned items will not be repaid. Items returned incomplete, spoiled, damaged, deteriorated or dirtied due to the customer's fault will not be repaid in full and may in no case lead to the issuance of a credit note for an amount equivalent to the initial order. The amount of the sum repaid will take into account reconditioning of the returned part.

The Client can not return “Custom-made” items.

In some cases, and again within the same period of ten (10) days, the customer will be able to exchange the ordered item for an equivalent item. Any agreement concerning this exchange will be given on a case by case basis by the Customer Relationship Department contacted by the customer for this purpose. This is by no means an automatic right, but a facility, subject to the discretionary decision of the Customer Relationship Department alone.

ARTICLE 10 - CONFORMITY AND GUARANTEE
The customer shall check that the items that have been delivered to him correspond to his order. In the event that the delivered items are not in conformity with his order, the customer shall inform the Company of this as soon as possible, either by phoning the Customer Relationship Department (at the number and at the times mentioned in Article 3 above), or by e-mail sent to the following address – contact@jaubalet-paris.com - substantiating the nonconformity of the item with the order and, following agreement by the Company, return the items in question in their original packing, in perfect condition, complete (accessories, manual, guarantee, etc.) and accompanied by a copy of the invoice and the Return/Exchange Form to the address indicated on that form. The item shall be returned by registered letter, or by any other means establishing a definite date, the costs of return being – if the nonconformity of the item observed by the customer is established – payable by the Company. If it is not possible to exchange the returned item and if the customer does not wish to have a credit with the Company, repayment of the invoiced price of the returned nonconforming items shall be performed by crediting the bank account of the customer, at the latest within thirty days following the receipt, by the Company, of the returned items. Reimbursement of the costs of return and transport of the nonconforming items shall be performed by crediting the bank account of the customer after the customer has sent evidence of said costs.
Notwithstanding the specific terms of guarantee that may be submitted to the customer with the delivered item, the items of the Company are subject to the following legal guarantees:
Article L. 211-4 of the French Consumer Code: "The seller is required to deliver a good in conformity with the contract and shall be liable for conformity defects existing at delivery. He shall also be liable for conformity defects resulting from the packing, assembly instructions or installation when the latter is his responsibility under the contract or was been performed under his responsibility".
Article L. 211-5 of the French Consumer Code: "To be in conformity with the contract, the good must:
1º Be fit for the use normally expected of such a good and, where applicable:
- correspond to the description given by the seller and have the qualities that the latter presented to the buyer in the form of a sample or model;
- have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by its representative, in particular in advertising or labelling;
2º Or have the characteristics defined by mutual agreement between the parties or be fit for any special use wanted by the buyer, brought to the attention of the seller and which the seller has accepted".
Article L. 211-12 of the French Consumer Code: "Legal action arising out of the conformity defect may be taken no later than two years following delivery of the good".
Article 1641 of the French Code of Civil Law: "The seller is bound by the guarantee to cover hidden defects of the object sold which make it unfit for the use for which it is intended, or which so diminish said use that the buyer would not have bought it, or would have only paid a lower price for it, if he had known them".
Article 1648 paragraph 1e of the French Code of Civil Law: "Legal action arising out of redhibitory defects shall be taken by the buyer in a short period of time, depending on the nature of the redhibitory defects".

ARTICLE 11 – LIABILITY
It is incumbent on the customer to comply with French legislation insofar as said legislation is applicable to him. Accordingly, the Company's liability may not be involved in the event of failure by the customer to comply with the legislation in force in the country in which the order will be delivered. It is incumbent on the customer to verify the applicable rules with the competent local authorities.
Photos of the products are presented merely as an illustration. As a consequence, the Company's liability may not be involved in the event of differences between the photos of the products and the products ordered and delivered. The customer is invited to refer to the description of each product to know its precise characteristics.
Barring fraud or gross negligence and except in case of liability for defective products, the full liability of the company, for all the damages liable to compensation under the terms of the Contract, that it might cause to the customer within the framework of the Contract, shall be limited to compensation solely for the foreseeable, direct material damage actually sustained by the Customer due to the failing of the Company; said compensation may in no case exceed the amount of his last purchase, and this even if the Company has been warned of the possibility of such damage.
It is specified that, within the framework of the Contract, shall be considered as constituting indirect damage not giving entitlement to compensation by the Company, even if they were foreseeable, any loss of profits, revenues, data, databases or software programs, the deprivation of savings and any extra costs, and any adverse effects on image or any third-party claims.
The Company shall, in particular, not be liable to the customer for damages caused by (i) your own act, omission or fault; (ii) any case of force majeure as defined by the case law handed down by French courts; (iii) any third party not tied to the Company for performance of the Contract (for example, in the event that the problems might be due to the performance, congestion or connection of telecommunications facilities or services, or the performance of your computer equipment); or (iv) any other event that neither the Company nor its suppliers could have foreseen or prevented, even if the Company or its suppliers had taken all reasonable precautions.
In particular, shall be considered as a specific act, omission or fault of the customer: any damage or loss sustained which might be due to the inappropriateness or incompatibility of the computer equipment (hardware and/or software) for all or part of the Site and/or the failure to take all reasonable and necessary measures to protect all programs, equipment or communications that could be damaged, because it is incumbent on the customer, and on him alone, to (i) check or have it checked that his computer and/or telecommunications equipment is appropriate and compatible with the Site, and this prior to any use, and (ii) to establish and implement all reasonable and necessary measures to protect all programs, equipment or communications that could be damaged, in particular by means of antivirus software.
The Site may contain links to other websites. These other sites are not under the Company's control and the customer recognizes that the Company is not liable for the accuracy, compliance with intellectual property rights, legality, decency nor any other aspect of the content of these sites. The inclusion of such a link implies no endorsement by the Company, nor any association with its operators. The Company cannot assure that the customer will be satisfied by any product or service whatsoever that he may obtain on a third-party site for which there is a hyperlink coming from or arriving at the Site, given that the other electronic commerce channels belong to independent vendors and are operated by them. The Company performs promotion for no goods and has taken no measure to confirm the accuracy or reliability of any information appearing on these third-party sites. The Customer is strongly invited to carry out all research he considers necessary or appropriate before doing any electronic transaction whatsoever with one of these third parties.
Without prejudice to the provisions of articles L. 211-12 of the French Consumer Code and 1648 of the French Code of Civil Law (summarized in Article 5.1.2 above) and other binding legal provisions to the contrary, the customer agrees that any claim or legal action originating in or related to the use of all or part of the Site or the Contract, shall be formulated in its substance and brought before the courts within a period of one (1) year following the first of the following two dates, on pain of exceeding the limitation period: the date on which the claim is expressed for the first time or the date on which the reason for the claim appeared for the first time.

ARTICLE 12 - INFORMATION CONCERNING STONES/DIAMONDS
JAUBALET guarantees the authenticity of all items purchased on the Website. Items bearing the brand name JAUBALET are manufactured from the materials and by workforce of exceptional quality. All items are manufactured in France. All diamonds having a carat weight of more than 0,40 are certified by the HRD or the GIA.

The diamonds we use come from a legitimate source not involved in the financing of armed conflicts and in conformity with the United Nations resolutions (Security Council Resolutions No. 1173, 1176 and 1306). The Company, based on its knowledge and/or on written guarantees by the supplier of these diamonds, certifies that these diamonds are "conflict free".

All the "sapphire" paves used by the Company could be treated to optimize their colour.

ARTICLE 13 – FORCE MAJEURE
The performance by the Company of all or part of its obligations shall be suspended in the event of occurrence of a contingency or case of force majeure which might hinder or delay performance. Shall be considered as such, in particular, without this list being restrictive, war, riots, insurrection, social disorder, telephone and computer failures or serious problems affecting the security and consistency of the Internet network, strikes of all kinds and problems of supply affecting the Company. The Company shall inform the customer of such a contingency or case of force majeure within seven days of its occurrence. If said suspension of performance of the Company's obligations were to continue beyond a period of fifteen days, the customer will then be entitled to cancel the order in progress, and he will then be repaid by the Company as soon as possible by crediting the customer's bank account.

ARTICLE 14 - NON-WAIVER
The fact that the Company abstains from demanding at a given time the performance of any of the provisions of the present general conditions of sale may not be interpreted as a waiver of its right to cite subsequently said complete or partial non-performance.

ARTICLE 15 - VALIDITY OF THE GENERAL CONDITIONS OF SALE
If any of the provisions of the present general conditions of sale were declared void in full or in part, the other provisions and the other rights and obligations arising from said general conditions of sale shall remain unchanged and shall remain applicable.

ARTICLE 16 – ERRORS, INACCURACIES
JAUBALET constantly updates the information published on the Website. It is impossible, however, to guarantee that the Website is at all times error-free. The Website may contain data input errors, errors, inaccuracies or omissions, some of which relate to the price and the availability of an item and the description of the item itself. JAUBALET reserves the right to correct errors, inaccuracies or omissions, even after an order has been shipped, and equally reserves the right to change or update information at any time without prior notice.

ARTICLE 17 - DISPUTES - GOVERNING LAW
The present general conditions of sale shall be governed by French law.
In the event of a difficulty arising from the order or delivery of the Company's items, the customer will be able, before any legal action, to try to reach an out-of-court solution, in particular with the help of a consumer association or any other advisor of his choice.

Any dispute that may arise from the interpretation or execution of these General Sales Conditions or from the consequences of same, will be subject to the exclusive jurisdiction of the French courts.