Terms of Sales
These general conditions of sale and use of the site (hereinafter, the "Conditions")
apply between:
The company Hevva Joaillerie SAS, Paris, a simplified joint stock company with share capital of
€500 euros, registered with the Paris Trade and Companies Register under SIREN
877616672 number, intra-community VAT number FR77877616672, whose registered office is located at 10
rue de Penthievre , 75008 Paris (hereinafter, “We”, “Our”, “Our”, the “Company”, or “Hevva
Joaillerie”),
and
Any adult natural person acting exclusively in the strict framework of their personal
needs, who consults the website www. hevva-jewellery. com (hereinafter, the "Site") and/or
makes a purchase from Hevva Joaillerie (hereinafter "You", "Your", "Your",
the "User" or the ' "Internet user").
We ask that you read the Agreement (as defined below) carefully before using the
Site and/or placing any order with Hevva Joaillerie insofar as this Agreement
affects Your rights and obligations. The mere use of the Site and/or the placing of any order
constitutes knowledge and irrevocable agreement on Your part of the Contract. If You do not
agree with any of these provisions, You are not authorized to use all or
part of the Site and/or place any order.
Please print a copy of the Agreement for Your records.
1. General Provisions
1. 1 USEFUL CONTACT DETAILS
If You wish to contact us, our contact details are as follows:
telephone number: 06 13 54 09 14 from mainland France (or +33 6 13 54 09
14 for international) from Monday to Friday from 10:00 a.m. to 6:00 p.m. (French time).
Email: hevvajoaillerie@gmail. com
Director of publication: Laguerre Audrey
1. 2 SCOPE OF CONTRACT
Your use of the Site and/or any purchase made from Hevva Joaillerie is expressly and
exclusively governed by (i) the Terms, and (ii) any other terms and conditions posted or
otherwise referenced from time to time on the Site (together, the “Agreement”). Please note that
the Terms take precedence, in the event of any conflict and unless expressly provided otherwise, over any
other terms and conditions referred to in section (ii) above.
1. 3 MODIFICATIONS TO THE CONTRACT
The Contract may at any time be reviewed, updated or otherwise subject to modifications, in whole or in part, it being specified that when You place an order on the Site, the Conditionsapplicable are those in force on the Site on the date of registration of Your order.
2. Price and Payment
2. 1 SHIPPING PRICE
The prices of Our products are indicated in euros or US dollars, all taxes included. The
shipping price is free in mainland France. The price of deliveries outside metropolitan France
is indicated on Our Site at the time of the order.
2. 2 SHIPPING ABROAD
For any order to a country other than France, You are the importer of the
product(s) ordered. For all products shipped outside the European Union, the price will be
calculated excluding taxes on the invoice. Customs duties, other local taxes, import duties
or state taxes may be payable. These rights and sums are not within Our
responsibility and are not Our responsibility. They will be entirely at Your expense and under
Your responsibility, both in terms of declarations and payments to the competent authorities and/or
organizations. We advise You to check with the competent
authorities in your country.
2. 3 INVOICE
An invoice for Your order is issued upon shipment of Your order. It is available
in Your online customer area. It can also be requested by phone or email from
Hevva Joaillerie Customer Service.
2. 4 CURRENCY OF PAYMENT
All orders are payable in euros or US dollars.
2. 5 MODIFICATION OF PRICES
Hevva joaillerie reserves the right to modify its prices at any time and without notice, subject
subject to article 1. 3 above. The products already ordered will remain invoiced on the basis of the prices in force at the time of registration of Your order.
2. 6 PAYMENT OF ORDERS
You can pay for your orders:
(I) by bank card (Visa, MasterCard, American Express or Carte Bleue): the amount of Your
order will then be debited within 7 (seven days. The date of registration of the order is that
of the online payment.
(II) by bank transfer: Our Site provides You with Hevva Joaillerie's bank details.
You must make the required transfer so that it appears within 7 (seven)
days for the order to be registered. The date of registration of the order is that
of receipt of the funds on the Hevva Joaillerie account.
(III) by PayPal: The buyer can use his PayPal account to pay for his orders on the
site: www. hevva-jewellery. com The amount of your order is then debited immediately.
The date of registration of the order is that of the online payment.
In the event that one of the direct debits is refused, the entire amount becomes
then due immediately in advance. It is not possible to reschedule the balance due.
2. 7 PRICES DISPLAYED IN CART
Products placed in Your shopping cart will always reflect the most recent price displayed on
Your product description page. This price may vary from the price that was
displayed for the same product when You placed the product in Your basket in the first place.
Placing a product in your basket does not ensure that its price will remain the same
as it was when You placed the product in the shopping basket. However, it is also possible
that the price of the product You have selected may be lower at checkout than when You
selected it.
2. 8 POTENTIAL ERRORS
The information and in particular the prices that are displayed on the site may be erroneous due
to system or typographical errors. While We do our best to
avoid these kinds of errors, they can still exist. We do not honor orders
based on incorrect information or prices. If the displayed price is lower than the actual price of the product, We
will contact You by email to either cancel the order or give You instructions
regarding payment of the price difference. We apologize for the inconvenience, please feel free to
Contact Us with any questions regarding this matter.
2. 9 NON-NEGOTIABLE PRICES
The prices of Our products are not negotiable. Indeed, We strive to practice the fairest
prices possible. The final price of our creations reflects the costs inherent in
French manufacturing placed under the sign of excellence and the prices of raw materials such as
metal and stone.
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3. Order, products and delivery
3. 1 CONDITIONS FOR PLACING AN ORDER
You declare:
to be at least 18 years old and have the legal capacity necessary to place and fulfill any
order or to hold parental authorization allowing You to place and to honor
all orders and be able to justify them at any time, at Our simple request;
be a natural person acting within the framework of your personal needs (in the sense
in particular that any order You place must correspond to the normal needs of a
individual).
3. 2 PLACING AN ORDER
3. 2 1 Methods of placing
You can choose to place Your order:
on the Site:
by telephone with Our customer service department on 06 13 54 09 14 from mainland France
(or at +33 6 13 54 09 14 for international calls), Monday to Friday from 10 a.m. to 6 p.m. (French time
).
3. 2 2 Specific provisions applicable to placing an order on the Site
We only acknowledge receipt of Your order if the following steps are followed:
1st step: You must enter all the data requested from You, namely :
Your surname and first name;
Your contact details (telephone and email);
Your precise billing address (for security reasons, We ask that the billing address
be the one recorded by the issuer of your bank card, in order
in particular to protect You from possible fraudulent use);
Your precise delivery address (PO boxes are not accepted);
Your method of payment .
2nd step: to validate Your order, You must:
check the data You have entered and correct any errors;
tick the box confirming that You have read and agree withoutreserves the Contract
click on “validate”
3rd step: after validation of Your Order, You must as a precaution confirm it again
. To this end, You must:
check the details of Your order, including its total price;
click on “Validate my order”.
3. 2 3 Receipt of Your order
Hevva Joaillerie is not bound by the order until the sending of an acknowledgment of receipt from
Our part, as well as the receipt of the funds corresponding to the order on its account.
Hevva Joaillerie also reserves the right to cancel or refuse, without liability on its part, any order concerning a User, on just cause, in particular if there is a doubt or
a dispute. relating to a previous order from the User.
3. 2 4 Modifications to Your order
Modifications by Us in the event of unavailability of the product ordered:
Our product offers and their prices are valid within the limits of available products. If it should
happen that some of the products You have ordered are no longer available, We
We undertake to replace them with products of at least equal or superior quality without
modifying the price of Your order. . We will inform You as soon as We become aware
of this unavailability, will notify You of the new delivery time if applicable and, in any case, give You
the possibility of canceling Your order.
We also reserve the right to cancel all or part of an order in the event of
the failure of one of Our suppliers as well as in the event of force majeure. We will notify You
as soon as We become aware of it and will refund any amount that
You may have already paid to Us in relation to the canceled order or part of the order.
In any case, we will contact You as soon as possible to offer You various possible
options.
3. 3 DELIVERY
3. 3 1 Information
We will inform You in writing of the progress of the manufacture of Your purchase and the dispatch
of Your items.
If you have any questions regarding the information listed below, please contact Our Customer Service
:
Our identity (name, telephone number, registered office), delivery costs, terms of
payment , delivery or performance;
the terms and conditions for exercising the right of withdrawal;
the address where You can lodge any complaints;
the guarantees available to You after delivery;
the expected shipping date of Your order and the delivery date
3. 3 2 Place of delivery
The products are delivered to the delivery address You indicated during the
order process. The delivery address of the product may be different from that of the resize.
We invite you to contact us on 06 13 54 09 14 in case of doubt.
3. 3 3 Delivery times
Unless longer manufacturing, processing, shipping and/or delivery times are
required (which We inform You of when You order on the Site or in our
stores), the products ordered are delivered within a maximum of 3 weeks from the
receipt of Your order (see section 3. 2 3 above). Delivery will be deemed to have taken place on
the date of first presentation of the products to the delivery address indicated.
3. 3 4 Late delivery
We invite You to regularly check the status of Your order on the Site (see My
orders) or by calling Our customer service. (item 1. 1 above).
We will keep You informed of any shipping delays of which We become aware.
If You order several products at the same time and only some of them
are delayed, We may split the shipments. In this case, We will inform You
of the measures that We intend to take before the start of the delivery.
In the event that the package appears damaged or stolen, You must refuse it to the carrier and
Notify Us of Your refusal.
3. 3 5 Observations on the delivery or the products delivered
You must check the packages and the products on delivery. If You have any
reservation or observation justifying the return of the products to us, You must
proceed as indicated in article 4 below.
3. 3 6 Ownership - Risks
The transfer of ownership and risks on the products takes place upon delivery of the products.
However, in the event that both conditions A and B below are met:
Condition A
(i) Your parcel is returned to Us by the carrier because the address is incorrect or (ii ) that
You do not claim it within the allotted time or (iii) You do not answer the telephone,
Our voice and email messages to schedule the return of Your products (in particular if
the e -email or the telephone numbers You have given Us are incorrect).
Condition B
You do not answer the telephone, Our voice and email messages to notify You
of the situation (in particular if the email addresses and telephone numbers that You We
have transmitted are incorrect), and that We are therefore unable to contact You for
a period of 3 months from the dispatch of the package or the contact for planning the collection
of the product in store , or even the date scheduled for the planned withdrawal from the store,
Hevva Joaillerie then assumes ownership of the products and may dispose of them freely. Hevva
Joaillerie retains the payments that triggered the manufacture of the product in the first place and
You agree to have no recourse to recover any monies paid or unclaimed products.
3. 4 MANUFACTURING OF PRODUCTS
3. 4 1 Hevva Joaillerie does its utmost to ensure that Its online catalog is as
accurate and correct as possible. In order for You to see the details of certain products, these
may appear larger or smaller than they actually are. Since each
computer is configured differently, their color may also vary.
3. 4 2 Our goal is to give You as much information and detail as you need so
You feel like you know your product before you have it in your possession. However, the
displayed weight of the stone may vary by 0.1 carat from the actual weight of the same
stone. Our manufacture being artisanal, it is possible that certain measurements indicated on our
product pages differ slightly from the actual product You will receive.
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4. Returns and resizes, right of withdrawal
4. 1 RETURNS
Up to fifteen (15) days after the delivery date (cf. 3 3 3 ), We leave You the possibility of
returning to Us the products ordered which do not give You complete satisfaction for
refunding or exchange.
To do this, You must inform Hevva Joaillerie customer service in writing or
by telephone (see article 1. 1 above), of Your decision before returning the products to Us,
tell us the reason for Your return and follow exactly the return process that We will indicate to You. Your return request is only effective when Hevva Joaillerie
acknowledges receipt of Your return request in writing.
In the case of a return for reimbursement, the return costs as well as the insurance costs
are borne by Our House. Your package must be returned using the form
provided by Hevva Joaillerie from one of the following countries: Metropolitan France & DOM TOM
(Guadeloupe, Saint-Martin, Saint-Barthélémy, Martinique , French Guiana, Reunion,
Mayotte, Saint-Pierre-et-Miquelon), Germany, Austria, Belgium, Croatia, Spain, Estonia,
Finland, Greece, Ireland, Italy, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal,
Czech Republic, United Kingdom, Slovakia, Slovenia.
Upon receipt of Your jewel, We check that it is in perfect condition, then acknowledge receipt of the jewel.
Then, We will refund You the price corresponding to the value of the products no later than
fourteen (14) days following the date on which Your return was accepted by Hevva Joaillerie, as indicated
in the section 4. 3 below.
4. 2 CONDITIONS FOR ACCEPTING RETURNS
The returns provided for in article 4. 1 above will only be accepted by Hevva Joaillerie and will
give rise to a refund or exchange only if:
(I) the return process described by Our advisers and on Our site has been respected;
( II) the products are returned to Us in perfect condition, without having been worn. In particular,
the Hevva Joaillerie ribbon sealed to the jewel must still be in perfect condition and has not been removed. Thus,
items returned incomplete, damaged, damaged or soiled will not be taken back under any circumstances. In
particular, products with scratches, even slight ones, can never be taken back.
Similarly, products whose ribbon has been unsealed cannot be taken back;
(III) Our specialists confirm that the setting and the stone, or any other constituent element of the
product, are indeed compliant to the product that was sent to You, without damage, modification, or
intervention of any kind;
(IV) the products return to us in their original packaging, complete (original of the certificate
provided if this is the case, accessories, packaging, including gift box, case, instructions. )
The vast majority of Our pieces being manufactured individually and to order according to Your
specifications (choice of a design, a precious metal, a precious stone, a finger size
for rings and bracelets, and a personalized engraving), these fall within the scope
of exception no. 3 of article L. 221-28 of the Consumer Code. Thus, for all these parts
made to order (indicated as deliverable in "three weeks" or more),
we specify that:
(A) Returns are no longer possible if this is a second consecutive return for such parts
made by piece and made to order;
(B) The return is only possible for one product per order for such parts
manufactured individually and to order;
(C) Products that have been the subject, at Your request, of an additional or specific personalized modification
(in particular a change in the size of the stone or stones of
different colors than what is visible on Our online catalog) can no longer be
refunded or exchanged;
(D) Similarly, certain special products are not returnable. They are then clearly
presented as such to the customer at the time of the order;
(E) Returns are not possible on jewelry that has been engraved by Maison Hevva Joaillerie.
(F) In addition, products delivered outside the European Union or delivered in France and having
benefited from a tax refund cannot be refunded or exchanged.
Conditions (A) and (B) above do not apply to standardized products, stocked by
Hevva Joaillerie and which You would not ask to be engraved in a personalized way, identifiable
by deadlines deliveries less than or equal to 2 (two) weeks.
4. 3 TERMS OF REIMBURSEMENT AND EXCHANGE
Any reimbursement will be made, at the choice of hevva Joaillerie, either by recrediting Your credit card, or by transfer to a bank account in the name of the customer who placed the order, domiciled
at the billing address which was communicated at the time of the order.
In the event of an exchange, the amount initially received will be refunded to You. You can then
order again for the chosen product.
4. 4 SIZE RESET
Up to fifteen (15) days after the delivery date (cf. 3 3 3 ), We give You the possibility of
returning the products ordered to us to resize your jewel.
To do this, You must inform Hevva Joaillerie customer service in writing or
by telephone (see article 1. 1 above), of Your decision before returning the products to Us,
Inform Us of the new size requested and follow exactly the return process that We
will indicate to You. Your resizing request is only effective when Hevva
Joaillerie acknowledges receipt in writing of your return request.
If You return the products to Us for re-sizing, the return, insurance and
reshipping costs are borne by Our House, provided that Your package has been returned to the slip provided by Hevva Joaillerie from one of the following countries: Metropolitan France
& DOM TOM (Guadeloupe, Saint-Martin, Saint-Barthélémy, Martinique, French Guiana, La
Réunion, Mayotte, Saint -Pierre-et-Miquelon), Germany, Austria, Belgium, Croatia, Spain,
Estonia, Finland, Greece, Ireland, Italy, Lithuania, Luxembourg, Malta, Netherlands, Poland,
Portugal, Czech Republic , United Kingdom, Slovakia, Slovenia.
On receipt of the resized products, You will no longer be able to benefit from the provisions set out
in Articles 4. 1, 4. 2 and 4. 3 above, i.e. You will not be able to make a return or
exchange for a jewel that has been resized. The resizing time is 3 (three) to 4
(four) weeks.
4. 5 CONDITIONS FOR ACCEPTING SIZE DISCOUNTS
The size discounts provided for in article 4. 4 above will only be borne by Hevva
Joaillerie if:
(I) the return process described by Our advisers and on Our site has been respected;
(II) the products are sent to Us returned in perfect condition, unworn. In particular,
the Hevva Joaillerie ribbon sealed to the jewel must still be in perfect condition and has not been removed. Thus,
items returned incomplete, damaged, damaged or soiled cannot be resized. In
particular, products with scratches, even slight ones, cannot be resized. Similarly, products whose ribbon has been unsealed cannot be resized;
(III) Our specialists confirm that the setting and the stone, or any other constituent element of the
product, comply with the product sent to You, without damage, modification or intervention of any kind.
We also specify that:
(A) Products that have been the subject, at Your request, of a personalized or specific modification
(in particular a change in the size of the stone or stones of different colors than what
is visible in Our online catalog) cannot be resized;
(D) Similarly, certain special products cannot be resized. They are then
clearly presented as such to the customer at the time of the order;
(E) Resizing is possible on a jewel that has been engraved by Maison Hevva Joaillerie, provided
that the other conditions have been met;
(F) Re-sizing is not possible for an order whose delivery address is
outside the European Union.
4. 6 RIGHT OF WITHDRAWAL
In application of the provisions of article L. 221-18 of the Consumer Code, You have
a period of fourteen (14) clear days from receipt of the products to exercise Your
right of withdrawal, without justification or penalties. We will reimburse You no later than
fourteen (14) days following the date on which your right of withdrawal was exercised. You will be able to exercise this right using the withdrawal form which will be made available to You upon delivery of the products, and which You can consult here, in accordance with Articles L. 221-1, L.
221-5 and L. 221-13 of the Consumer Code.
However, the vast majority of Our pieces being manufactured individually and to order
according to Your specifications (choice of a design, a precious metal, a precious stone, a
finger size for rings and bracelets, and a personalized engraving), these fall
within the scope of exception no. 3 of article L. 221-28 of the Consumer Code. Thus, for
all these parts made to order (indicated as deliverable in "three
weeks" or more, or in general for any part that You would request to be engraved in a personalized way
), this right of withdrawal is not applicable, which You expressly acknowledge
.
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5. Warranties
5. 1 CONCERNING THE PRODUCTS
5. 1 1 Legal warranties
Hevva Joaillerie complies with the legislation in force concerning defects in the conformity of the product
with the Contract and redhibitory defects under the conditions provided for in articles 1641 to 1649 of the Civil Code
:
“ Article L. 217-4 of the Consumer Code: The seller is required to deliver goods that comply with the
contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for
conformity defects resulting from the packaging, the assembly instructions or the installation
when this has been charged to him by the contract or has been carried out under his responsibility.
Article L. 217-5 of the Consumer Code: To comply with the contract, the good must:
1° Be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter has
presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect given the declarations
public information made by the seller, the producer or his representative, in particular in
advertising or labelling;
2° Or present the characteristics defined by mutual agreement by the parties or be suitable for
any special use sought by the buyer, brought to the seller's attention and which the latter
has accepted.
Article L. 217-12 of the Consumer Code: The action resulting from the lack of conformity is
prescribed by two years from the delivery of the goods.
Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects of the
thing sold which render it unfit for the use for which it was intended, or which so diminish
this use , that the buyer would not have acquired it, or would have given only a lower price for it, if he had known about them.
Article 1648 first paragraph of the Civil Code: The action resulting from redhibitory defects must be
brought by the purchaser, within two years from the discovery of the defect. »
In addition, Hevva Joaillerie extends this warranty to jewelry sold by the Company beyond two
years and without time limit when the product is used under normal conditions.
It is reminded, as necessary, that (i) damage, deformation and destruction of
products as well as (ii) breakage and loss of stones and pearls, which would be the result of effortsexternal damage, shocks or handling faults are not covered by this guarantee. They
give rise to a repair estimate, and, if You accept the estimate, to invoicing for the repair.
5 2 CONCERNING THE SITE
Without prejudice to the guarantees set out in article 5. 1 above, Hevva Joaillerie does not grant
any guarantee on the Site and/or the Content (as described in article 7 below). In particular,
Hevva Joaillerie makes no warranty as to the suitability of any of the
elements of the Site for any particular use. Hevva Joaillerie does not guarantee that the functions
contained on the Site and that any Content or other element appearing thereon will be at all times
available, uninterrupted or error-free, that any defects or errors will be
immediately corrected or that the Site or its server will at all times be free of viruses or
other components likely to cause damage.
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6. Liability
6. 1 COMPLIANCE WITH LEGISLATION
The jewels offered comply with the French legislation in force at the time of the
proposal. Hevva Joaillerie cannot be held liable in the event of non-compliance
with the legislation of the country where the jewelery is delivered. It is Your responsibility to check with the local
authorities the possibilities and procedures for importing the jewelery You plan to order, and
to comply with them under Your sole responsibility.
Furthermore, if You choose to access the Site from territories other than France, You
do so on Your own initiative and at Your sole risk. It is Your responsibility to comply with local
laws to the extent such law is applicable.
6. 2 JEWELRY PHOTO
Jewelry photos are for illustrative purposes only. We invite You to
refer to the description of each jewel to find out its precise characteristics. In case of
doubt or if You would like further information, do not hesitate to Contact Us
(article 1. 1 above).
6. 3 LIMITATION OF LIABILITY
Except for fraud or gross negligence and except in cases of liability for defective products, the
full liability of Hevva Joaillerie, for all damages reparable under the terms of
Contract, that it is likely to cause You under the Contract, is limited to the repair
only of the foreseeable, direct and material damage actually suffered by You as a result of
the failure of Hevva Joailleire, this repair does not under no circumstances may exceed the amount of
Your last purchase, even if Hevva Joaillerie has been warned of the possibility of such
damages.
It is specified that, within the framework of the Contract, are deemed to constitute indirect damages
not giving rise to the right to compensation by Hevva Joaillerie, even if they are foreseeable,
all loss of profits, turnover, data, databases or programs, the deprivation
of savings and all additional costs, as well as all image damage and all third-party claims.
Hevva Joaillerie shall in particular not be liable to You for damages caused by
(I) your own act, omission or fault; (II) any case of force majeure as defined by
jurisprudence rendered by the French courts; (III) any third party unrelated to Hevva Joaillerie for
the execution of the Contract (for example, in the event that the problems result from the performance,
congestion or connection of the means or telecommunications services, or the
performance of your IT equipment); or (IV) any other event that neither Hevva
Joaillerie nor its suppliers could have foreseen or prevented even if Hevva
Joaillerie or its
suppliers had taken all reasonable precautions.
In particular, will be considered as falling under Your own act, omission or fault: any
damage or loss that You may suffer as a result of the unsuitability or incompatibility of Your
computer equipment (hardware and/or ) to all or part of the Site and/or the lack of
implementation of all reasonable and necessary protections against any harmful programs,
devices or communications, because it belongs to You, and You alone, to (I) verify
or have verified that Your computer and/or telecommunications equipment is suitable and
compatible with the Site, before any use and (II) put in place and implement allreasonable and necessary protection against any harmful programs, devices or communications
, in particular by means of anti-virus software.
6. 4 LINKS TO OTHER SITES
The Site, as well as other pages controlled by Hevva Joaillerie (Facebook pages, Instagram
etc. ), may contain links to other sites on the Internet. These other sites are not
under the control of Hevva Joaillerie and You acknowledge that Hevva Joaillerie is not responsible for the
accuracy, respect for intellectual property rights, legality, decency or
any other aspect of the content of these sites. The inclusion of such a link does not imply any endorsement by
Hevva Joaillerie, nor any association with its operators. Hevva Joaillerie cannot guarantee that
You will be satisfied with any product or service whatsoever that You will obtain on a
third-party site which is the subject of a hyperlink from or to the Site, being as the
channels of other online businesses are owned and
operated by independent merchants. Hevva Joaillerie does not endorse any merchandise and has taken no
measures to confirm the accuracy or reliability of any information contained on these
third-party sites. We urge You to do whatever research You believe
necessary or appropriate before engaging in any electronic transaction with any
of these third parties.
6. 5 PRESCRIPTION
Without prejudice to the provisions of Articles L. 217-12 of the Consumer Code and 1648 of the
Civil Code (recalled in article 5. 1 2 above) and other mandatory legal provisions to the contrary,
You agree that any claim or action arising from or related to the use of all or
part of the Site or the Contract, must be formulated and brought into bring legal proceedings on the merits within
a period of one (1) year following the earliest of the following two dates, under penalty of prescription: the
date on which the claim was first made or the date on which the cause
of the complaint appeared for the first time.
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7. Intellectual Property
7. 1 LEGAL PROTECTION
The Site and all elements (including products), documents and other data which appear there
(the "Content"), whether visual or audio, are protected by French rules and
applicable international law with respect to, as the case may be, trademarks, trade marks or services
—whether or not they are registered as such—and trade names or
other distinctive signs , copyright, neighboring rights, sui generis rights, design and model rights, patents, manufacturing or commercial secrets or other rights of the same nature and belong to or have been licensed at Hevva Joaillerie.
7. 2 INTELLECTUAL PROPERTY INFRINGEMENT
Your right to use the Site and any Content or other material thereon is subject
to Your compliance with the Agreement and any applicable law or regulation. Any use of the Site or
any Content for any purpose other than as permitted by the Agreement may violate
Our rights or those of Our licensors:
(I) You may not access and display any Content and any other material on the Site for
non-commercial, private use only;
(II) the Site and any Content may not be copied, reproduced, modified, republished, downloaded,
posted, adapted, transmitted, distributed or used in any way without the prior written permission
of Hevva Joaillerie or unless otherwise required by applicable legal authorization (in which case, You must
keep intact all notices of ownership);
(III) You must not use meta tags or any other hidden text containing Our name,
trademark(s) or that of companies affiliated with Us without Our specific agreement,
prior and written;
(IV) any User who wishes to place, for his personal use, on his site, a simple link
directly returning to the home page of the Site, must first obtain Our
specific written authorization; under no circumstances Our agreement shall engage Our
responsibility, for any reason whatsoever, on the Site or any Content;
(V) any hypertext link to the Site by the technique of framing or in-line linking is
strictly prohibited.
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8. Comments, reviews, communications and other content
8. 1 CONTENT SUBMISSION
Users may send Us criticism, comments or other content,
Submit suggestions, ideas, questions or other information to Us as long as such
content is not unlawful, obscene, abusive, threatening, defamatory, infringing
intellectual property rights, or harmful to any third party and does not consist of or contain computer viruses
, political activism, commercial solicitations, mailing mass mail,
chains or any other form of "spam". You must not use a false email address,
impersonate any person or entity, or lie about the origin of content. We
reserve the right, in Our sole discretion, to remove or edit any content and to
prosecute any offenders.
8 2 RIGHT OF REPRODUCTION
If You send Us content, and unless otherwise stipulated by You, You
grant Us, as well as companies affiliated with Us, for the legal duration of protection
applicable, the non-exclusive and free right to reproduce, modify, adapt, publish, translate,
distribute, sub-license and display this content worldwide, on the Site and on all
media.
8 3 NECESSARY RIGHTS
You represent and guarantee to Us that you are the owner or holder of the necessary rights to the
content that You transmit to Us. You agree to indemnify Us in the event of an action, or a
claim by a third party against Us if this action has as its cause, foundation or origin the content that You have communicated to Us.
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9. Applicable law - Competent jurisdiction
9. 1 JURISDICTION IN FORCE
The Contract is subject to French law (excluding the rules applicable to conflicts
of laws).
9. 2 COMPETENT COURTS
In the event of a dispute, only the Commercial Court of Paris is competent.
9. 3 MEDIATION
In accordance with article L. 612-1 of the Consumer Code, you can make free use
of the MEDICYS mediation service to which we report by electronic means or by post:
MEDICYS – 73 Boulevard de Clichy – 75009 PARIS.
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10. Protection of personal data
10. 1 MANAGEMENT OF PERSONAL DATA
The personal data collected on the Site is intended for Hevva joaillerie with Your
consent. Hevva Joaillerie undertakes to protect Your personal data. All
personal data concerning You collected by Hevva Joaillerie is treated with the strictest
confidentiality, in accordance with the provisions of Law 78-17 of January 6, 1978 relating to
Computing, Files and Freedoms, for the purposes of order processing. Your
information and personal data are necessary for the management of orders and
relationships with You, as well as to keep You informed of all offers and commercial information
that may be of interest to You. They may be transmitted to service providers and
contractual partners who intervene and contribute to the management of orders as well as to
all the subsidiaries of Hevva Joaillerie. This information and order management are
also kept for security purposes, in order to comply with legal and
regulatory obligations and to enable Hevva Joaillerie to improve and personalize the
services are offered.
10. 2 RIGHT OF ACCESS, RECTIFICATION AND OPPOSITION
In accordance with the Data Protection Act of January 6, 1978, You have a right of access,
to rectify and oppose personal data on re. To exercise this right,
You must send a letter to the following address: Hevva Joaillerie, 10 rue de Penthievre
75008 Paris and indicating your surname, first name, e-mail address and your customer references. Each
request must be signed and accompanied by a photocopy of an identity document bearing Your
signature and specifying the reply address. This response will then be sent within 2
months of receipt of the request.
10. 3 BLOCTEL
In accordance with article 223-2 of the Consumer Code, We inform You that You
can, if You wish, register on the list of opposition to cold calling
on the website www. bloctel. govt. Fr
Registration on this list allows you to no longer be contacted by telephone by a
professional with whom there is no pre-existing contractual relationship. If You are already
registered on the Bloctel list, the fact that You communicate Your telephone number to Us authorizes Us
to use them to call You back within the framework of Your order or to
suggest You other services.
10. 4 DISSEMINATION OF INFORMATION
When entering personal data on the Site and prior to their collection, You
have the option of agreeing to receive information relating to Hevva
Joaillerie products. In accordance with the legislation in force, such information will only be sent to You if and only if You have expressly agreed to receive it.
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11. Commercial offers and Newsletters
Hevva Joaillerie may send You commercial offers by post, email,
sms, telephone or via all the web spaces run by hevva Joaillerie or one of its
partners on social networks, subject to prior acceptance. You have the option at any
time to oppose these commercial prospecting mailings free of charge, by
clicking on the "unsubscribe" link in each email.
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12. Cookies
12. 1 USE OF COOKIES
When consulting the site, information relating to Your browsing may
be recorded in "Cookies" files installed on their terminal (computer, tablet,
Smartphone). These cookies are issued by Hevva Joaillerie in order to facilitate navigation on the
site and allow Your browser to be recognized when You are connected to the Site. These
cookies are issued in order to:
- Establish visitor statistics (number of visits, page views, abandonment in the
order process, etc. )
- Adapt the presentation of the Site to the display preferences of terminals,
- Store information entered in forms, manage and secure access to
reserved and personal spaces such as the customer account and to manage the shopping cart.
12. 2 USEFULNESS OF COOKIES
Hevva Joaillerie reserves the right to place cookies on Your computer during visits
to the Site. A cookie is a small file which is sent to Your computer and stored on Your
hard drive. A cookie does not allow You to be identified but is intended to signal any
previous visit to the Site in order to help Hevva Joaillerie to personalize its services.
12. 3 DEACTIVATION OF COOKIES
You can make settings so that cookies are deactivated and thus prevent
cookies from being installed, without Your express consent, on Your computer. Any settings
implemented may modify Internet browsing and the conditions of access to
certain services on the Site requiring the use of cookies.
12. 4 APPLICATIONS FROM THIRD PARTIES
The Site uses computer applications from third parties, which allow You to share
content from the Site with other people or to make known to these other people your
opinion concerning a content of the Site (social networks such as Facebook, Instagram, Google+,
Twitter, etc.).
12. 5 COLLECTION OF INFORMATION BY SOCIAL NETWORKS
When You consult a page of the Site containing a "Share" or "Like" button, Your
browser establishes a direct connection with the servers of the social network concerned. If You are
connected to the social network during Your browsing, the application buttons make it possible to link the
pages consulted to Your account. If You interact through the plug-ins, for example by
clicking the "Like" button or leaving a comment, the corresponding information
will be transmitted to the relevant social network and published on Your account. If You do not want
social networks to link the information collected through the Site to Your
account, You must disconnect from the relevant social network before visiting the Site. In
particularly, Hevva Joaillerie collects and uses Your browsing data when You visit the
Site through Facebook. This collected data is only intended for the use
of Hevva Joaillerie.
12. 6 NON-LIABILITY TOWARDS SOCIAL NETWORKS
Hevva Joaillerie is in no way responsible in any way whatsoever for the content or operation of any of the
social networks, including those which may be linked to the
Website.
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13. Miscellaneous
13. 1 SUBSTITUTION OF PROVISIONS
If a provision of the Contract should be declared illegal, void or unenforceable for any
reason whatsoever and it is not possible to replace it by operation of law with a reasonable provision
having a similar effect (operation that the parties already allow any
court seized of the dispute concerned to carry out, insofar as the applicable law allows it), this
provision will then be considered as likely to be severed from the Contract and will not affect
the validity and enforceability of the remaining provisions to the fullest extent possible under
applicable law.
13. 2 NON-WAIVER IN THE EVENT OF NON-EXERCISE OF A RIGHT
The fact that Hevva Joaillerie does not exercise one of the rights granted to it under the Contract
cannot be interpreted for the future as a waiver of the right in question nor as an obstacle to the exercise of any other right.
13. 3 TRANSFER OF RIGHTS AND OBLIGATIONS
We may transfer (by any means and in any form, including
merger) Our rights and obligations under the Contract, without notice to You: (i) to any
entity that is or will be related to Us, or (ii) to any person or entity that will take control
directly or indirectly of all or a significant part of Our assets or Our capital
or voting rights or those of any of Our related entities. You may not transfer
(by any means) the Contract, without first obtaining Our written consent
.
13. 4 MEANS OF NOTIFICATION
We may send You any notification provided for in the Contract, either in the form of a
publication on the Site, or by e-mail, or by normal, express or registered mail to Youraddress that We have in our systems, at Our choice. You acknowledge and agree
that one or other of these modes of notification, chosen by Us, is sufficient for your
information.
13. 5 USE FOR THE PURPOSES OF EVIDENCE
Hevva Joaillerie may rely, in particular for the purposes of proof of any act, fact or omission,
of the programs, data, files, recordings, operations and other elements (such asmonitoring reports or other statements) of nature or in computer or
electronic format or medium, drawn up, received or kept directly or indirectly by it, except for abuse or
manifest error. You undertake not to contest the admissibility, validity or probative force
of the elements of nature or in format or computer or electronic medium mentioned above.
13. 6 MODIFICATION OF THE CONDITIONS
Given the possible evolutions of the Site and the regulations, Hevva joaillerie reserves
the right to modify the Conditions at any time. The new Conditions will, where applicable,
be brought to Your attention by online modification and will only apply to sales
made after the modification.
13. 7 PENALTY CLAUSE
In the event that HEVVA JOAILLERIE had to initiate a recovery procedure for the purposes of
recovering its debts following a delivery that remained wholly or partially unpaid, it shall be entitled to
solicit debtor, in addition to payment of the principal amount due, compensation under the
penalty clause within the meaning of article 1152 of the Civil Code, corresponding to 30% of the said amount,
in addition to legal interest and any legal costs, without prejudice to the right to damages and
interest for the benefit of Hevva Joaillerie.
apply between:
The company Hevva Joaillerie SAS, Paris, a simplified joint stock company with share capital of
€500 euros, registered with the Paris Trade and Companies Register under SIREN
877616672 number, intra-community VAT number FR77877616672, whose registered office is located at 10
rue de Penthievre , 75008 Paris (hereinafter, “We”, “Our”, “Our”, the “Company”, or “Hevva
Joaillerie”),
and
Any adult natural person acting exclusively in the strict framework of their personal
needs, who consults the website www. hevva-jewellery. com (hereinafter, the "Site") and/or
makes a purchase from Hevva Joaillerie (hereinafter "You", "Your", "Your",
the "User" or the ' "Internet user").
We ask that you read the Agreement (as defined below) carefully before using the
Site and/or placing any order with Hevva Joaillerie insofar as this Agreement
affects Your rights and obligations. The mere use of the Site and/or the placing of any order
constitutes knowledge and irrevocable agreement on Your part of the Contract. If You do not
agree with any of these provisions, You are not authorized to use all or
part of the Site and/or place any order.
Please print a copy of the Agreement for Your records.
1. General Provisions
1. 1 USEFUL CONTACT DETAILS
If You wish to contact us, our contact details are as follows:
telephone number: 06 13 54 09 14 from mainland France (or +33 6 13 54 09
14 for international) from Monday to Friday from 10:00 a.m. to 6:00 p.m. (French time).
Email: hevvajoaillerie@gmail. com
Director of publication: Laguerre Audrey
1. 2 SCOPE OF CONTRACT
Your use of the Site and/or any purchase made from Hevva Joaillerie is expressly and
exclusively governed by (i) the Terms, and (ii) any other terms and conditions posted or
otherwise referenced from time to time on the Site (together, the “Agreement”). Please note that
the Terms take precedence, in the event of any conflict and unless expressly provided otherwise, over any
other terms and conditions referred to in section (ii) above.
1. 3 MODIFICATIONS TO THE CONTRACT
The Contract may at any time be reviewed, updated or otherwise subject to modifications, in whole or in part, it being specified that when You place an order on the Site, the Conditionsapplicable are those in force on the Site on the date of registration of Your order.
2. Price and Payment
2. 1 SHIPPING PRICE
The prices of Our products are indicated in euros or US dollars, all taxes included. The
shipping price is free in mainland France. The price of deliveries outside metropolitan France
is indicated on Our Site at the time of the order.
2. 2 SHIPPING ABROAD
For any order to a country other than France, You are the importer of the
product(s) ordered. For all products shipped outside the European Union, the price will be
calculated excluding taxes on the invoice. Customs duties, other local taxes, import duties
or state taxes may be payable. These rights and sums are not within Our
responsibility and are not Our responsibility. They will be entirely at Your expense and under
Your responsibility, both in terms of declarations and payments to the competent authorities and/or
organizations. We advise You to check with the competent
authorities in your country.
2. 3 INVOICE
An invoice for Your order is issued upon shipment of Your order. It is available
in Your online customer area. It can also be requested by phone or email from
Hevva Joaillerie Customer Service.
2. 4 CURRENCY OF PAYMENT
All orders are payable in euros or US dollars.
2. 5 MODIFICATION OF PRICES
Hevva joaillerie reserves the right to modify its prices at any time and without notice, subject
subject to article 1. 3 above. The products already ordered will remain invoiced on the basis of the prices in force at the time of registration of Your order.
2. 6 PAYMENT OF ORDERS
You can pay for your orders:
(I) by bank card (Visa, MasterCard, American Express or Carte Bleue): the amount of Your
order will then be debited within 7 (seven days. The date of registration of the order is that
of the online payment.
(II) by bank transfer: Our Site provides You with Hevva Joaillerie's bank details.
You must make the required transfer so that it appears within 7 (seven)
days for the order to be registered. The date of registration of the order is that
of receipt of the funds on the Hevva Joaillerie account.
(III) by PayPal: The buyer can use his PayPal account to pay for his orders on the
site: www. hevva-jewellery. com The amount of your order is then debited immediately.
The date of registration of the order is that of the online payment.
In the event that one of the direct debits is refused, the entire amount becomes
then due immediately in advance. It is not possible to reschedule the balance due.
2. 7 PRICES DISPLAYED IN CART
Products placed in Your shopping cart will always reflect the most recent price displayed on
Your product description page. This price may vary from the price that was
displayed for the same product when You placed the product in Your basket in the first place.
Placing a product in your basket does not ensure that its price will remain the same
as it was when You placed the product in the shopping basket. However, it is also possible
that the price of the product You have selected may be lower at checkout than when You
selected it.
2. 8 POTENTIAL ERRORS
The information and in particular the prices that are displayed on the site may be erroneous due
to system or typographical errors. While We do our best to
avoid these kinds of errors, they can still exist. We do not honor orders
based on incorrect information or prices. If the displayed price is lower than the actual price of the product, We
will contact You by email to either cancel the order or give You instructions
regarding payment of the price difference. We apologize for the inconvenience, please feel free to
Contact Us with any questions regarding this matter.
2. 9 NON-NEGOTIABLE PRICES
The prices of Our products are not negotiable. Indeed, We strive to practice the fairest
prices possible. The final price of our creations reflects the costs inherent in
French manufacturing placed under the sign of excellence and the prices of raw materials such as
metal and stone.
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3. Order, products and delivery
3. 1 CONDITIONS FOR PLACING AN ORDER
You declare:
to be at least 18 years old and have the legal capacity necessary to place and fulfill any
order or to hold parental authorization allowing You to place and to honor
all orders and be able to justify them at any time, at Our simple request;
be a natural person acting within the framework of your personal needs (in the sense
in particular that any order You place must correspond to the normal needs of a
individual).
3. 2 PLACING AN ORDER
3. 2 1 Methods of placing
You can choose to place Your order:
on the Site:
by telephone with Our customer service department on 06 13 54 09 14 from mainland France
(or at +33 6 13 54 09 14 for international calls), Monday to Friday from 10 a.m. to 6 p.m. (French time
).
3. 2 2 Specific provisions applicable to placing an order on the Site
We only acknowledge receipt of Your order if the following steps are followed:
1st step: You must enter all the data requested from You, namely :
Your surname and first name;
Your contact details (telephone and email);
Your precise billing address (for security reasons, We ask that the billing address
be the one recorded by the issuer of your bank card, in order
in particular to protect You from possible fraudulent use);
Your precise delivery address (PO boxes are not accepted);
Your method of payment .
2nd step: to validate Your order, You must:
check the data You have entered and correct any errors;
tick the box confirming that You have read and agree withoutreserves the Contract
click on “validate”
3rd step: after validation of Your Order, You must as a precaution confirm it again
. To this end, You must:
check the details of Your order, including its total price;
click on “Validate my order”.
3. 2 3 Receipt of Your order
Hevva Joaillerie is not bound by the order until the sending of an acknowledgment of receipt from
Our part, as well as the receipt of the funds corresponding to the order on its account.
Hevva Joaillerie also reserves the right to cancel or refuse, without liability on its part, any order concerning a User, on just cause, in particular if there is a doubt or
a dispute. relating to a previous order from the User.
3. 2 4 Modifications to Your order
Modifications by Us in the event of unavailability of the product ordered:
Our product offers and their prices are valid within the limits of available products. If it should
happen that some of the products You have ordered are no longer available, We
We undertake to replace them with products of at least equal or superior quality without
modifying the price of Your order. . We will inform You as soon as We become aware
of this unavailability, will notify You of the new delivery time if applicable and, in any case, give You
the possibility of canceling Your order.
We also reserve the right to cancel all or part of an order in the event of
the failure of one of Our suppliers as well as in the event of force majeure. We will notify You
as soon as We become aware of it and will refund any amount that
You may have already paid to Us in relation to the canceled order or part of the order.
In any case, we will contact You as soon as possible to offer You various possible
options.
3. 3 DELIVERY
3. 3 1 Information
We will inform You in writing of the progress of the manufacture of Your purchase and the dispatch
of Your items.
If you have any questions regarding the information listed below, please contact Our Customer Service
:
Our identity (name, telephone number, registered office), delivery costs, terms of
payment , delivery or performance;
the terms and conditions for exercising the right of withdrawal;
the address where You can lodge any complaints;
the guarantees available to You after delivery;
the expected shipping date of Your order and the delivery date
3. 3 2 Place of delivery
The products are delivered to the delivery address You indicated during the
order process. The delivery address of the product may be different from that of the resize.
We invite you to contact us on 06 13 54 09 14 in case of doubt.
3. 3 3 Delivery times
Unless longer manufacturing, processing, shipping and/or delivery times are
required (which We inform You of when You order on the Site or in our
stores), the products ordered are delivered within a maximum of 3 weeks from the
receipt of Your order (see section 3. 2 3 above). Delivery will be deemed to have taken place on
the date of first presentation of the products to the delivery address indicated.
3. 3 4 Late delivery
We invite You to regularly check the status of Your order on the Site (see My
orders) or by calling Our customer service. (item 1. 1 above).
We will keep You informed of any shipping delays of which We become aware.
If You order several products at the same time and only some of them
are delayed, We may split the shipments. In this case, We will inform You
of the measures that We intend to take before the start of the delivery.
In the event that the package appears damaged or stolen, You must refuse it to the carrier and
Notify Us of Your refusal.
3. 3 5 Observations on the delivery or the products delivered
You must check the packages and the products on delivery. If You have any
reservation or observation justifying the return of the products to us, You must
proceed as indicated in article 4 below.
3. 3 6 Ownership - Risks
The transfer of ownership and risks on the products takes place upon delivery of the products.
However, in the event that both conditions A and B below are met:
Condition A
(i) Your parcel is returned to Us by the carrier because the address is incorrect or (ii ) that
You do not claim it within the allotted time or (iii) You do not answer the telephone,
Our voice and email messages to schedule the return of Your products (in particular if
the e -email or the telephone numbers You have given Us are incorrect).
Condition B
You do not answer the telephone, Our voice and email messages to notify You
of the situation (in particular if the email addresses and telephone numbers that You We
have transmitted are incorrect), and that We are therefore unable to contact You for
a period of 3 months from the dispatch of the package or the contact for planning the collection
of the product in store , or even the date scheduled for the planned withdrawal from the store,
Hevva Joaillerie then assumes ownership of the products and may dispose of them freely. Hevva
Joaillerie retains the payments that triggered the manufacture of the product in the first place and
You agree to have no recourse to recover any monies paid or unclaimed products.
3. 4 MANUFACTURING OF PRODUCTS
3. 4 1 Hevva Joaillerie does its utmost to ensure that Its online catalog is as
accurate and correct as possible. In order for You to see the details of certain products, these
may appear larger or smaller than they actually are. Since each
computer is configured differently, their color may also vary.
3. 4 2 Our goal is to give You as much information and detail as you need so
You feel like you know your product before you have it in your possession. However, the
displayed weight of the stone may vary by 0.1 carat from the actual weight of the same
stone. Our manufacture being artisanal, it is possible that certain measurements indicated on our
product pages differ slightly from the actual product You will receive.
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4. Returns and resizes, right of withdrawal
4. 1 RETURNS
Up to fifteen (15) days after the delivery date (cf. 3 3 3 ), We leave You the possibility of
returning to Us the products ordered which do not give You complete satisfaction for
refunding or exchange.
To do this, You must inform Hevva Joaillerie customer service in writing or
by telephone (see article 1. 1 above), of Your decision before returning the products to Us,
tell us the reason for Your return and follow exactly the return process that We will indicate to You. Your return request is only effective when Hevva Joaillerie
acknowledges receipt of Your return request in writing.
In the case of a return for reimbursement, the return costs as well as the insurance costs
are borne by Our House. Your package must be returned using the form
provided by Hevva Joaillerie from one of the following countries: Metropolitan France & DOM TOM
(Guadeloupe, Saint-Martin, Saint-Barthélémy, Martinique , French Guiana, Reunion,
Mayotte, Saint-Pierre-et-Miquelon), Germany, Austria, Belgium, Croatia, Spain, Estonia,
Finland, Greece, Ireland, Italy, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal,
Czech Republic, United Kingdom, Slovakia, Slovenia.
Upon receipt of Your jewel, We check that it is in perfect condition, then acknowledge receipt of the jewel.
Then, We will refund You the price corresponding to the value of the products no later than
fourteen (14) days following the date on which Your return was accepted by Hevva Joaillerie, as indicated
in the section 4. 3 below.
4. 2 CONDITIONS FOR ACCEPTING RETURNS
The returns provided for in article 4. 1 above will only be accepted by Hevva Joaillerie and will
give rise to a refund or exchange only if:
(I) the return process described by Our advisers and on Our site has been respected;
( II) the products are returned to Us in perfect condition, without having been worn. In particular,
the Hevva Joaillerie ribbon sealed to the jewel must still be in perfect condition and has not been removed. Thus,
items returned incomplete, damaged, damaged or soiled will not be taken back under any circumstances. In
particular, products with scratches, even slight ones, can never be taken back.
Similarly, products whose ribbon has been unsealed cannot be taken back;
(III) Our specialists confirm that the setting and the stone, or any other constituent element of the
product, are indeed compliant to the product that was sent to You, without damage, modification, or
intervention of any kind;
(IV) the products return to us in their original packaging, complete (original of the certificate
provided if this is the case, accessories, packaging, including gift box, case, instructions. )
The vast majority of Our pieces being manufactured individually and to order according to Your
specifications (choice of a design, a precious metal, a precious stone, a finger size
for rings and bracelets, and a personalized engraving), these fall within the scope
of exception no. 3 of article L. 221-28 of the Consumer Code. Thus, for all these parts
made to order (indicated as deliverable in "three weeks" or more),
we specify that:
(A) Returns are no longer possible if this is a second consecutive return for such parts
made by piece and made to order;
(B) The return is only possible for one product per order for such parts
manufactured individually and to order;
(C) Products that have been the subject, at Your request, of an additional or specific personalized modification
(in particular a change in the size of the stone or stones of
different colors than what is visible on Our online catalog) can no longer be
refunded or exchanged;
(D) Similarly, certain special products are not returnable. They are then clearly
presented as such to the customer at the time of the order;
(E) Returns are not possible on jewelry that has been engraved by Maison Hevva Joaillerie.
(F) In addition, products delivered outside the European Union or delivered in France and having
benefited from a tax refund cannot be refunded or exchanged.
Conditions (A) and (B) above do not apply to standardized products, stocked by
Hevva Joaillerie and which You would not ask to be engraved in a personalized way, identifiable
by deadlines deliveries less than or equal to 2 (two) weeks.
4. 3 TERMS OF REIMBURSEMENT AND EXCHANGE
Any reimbursement will be made, at the choice of hevva Joaillerie, either by recrediting Your credit card, or by transfer to a bank account in the name of the customer who placed the order, domiciled
at the billing address which was communicated at the time of the order.
In the event of an exchange, the amount initially received will be refunded to You. You can then
order again for the chosen product.
4. 4 SIZE RESET
Up to fifteen (15) days after the delivery date (cf. 3 3 3 ), We give You the possibility of
returning the products ordered to us to resize your jewel.
To do this, You must inform Hevva Joaillerie customer service in writing or
by telephone (see article 1. 1 above), of Your decision before returning the products to Us,
Inform Us of the new size requested and follow exactly the return process that We
will indicate to You. Your resizing request is only effective when Hevva
Joaillerie acknowledges receipt in writing of your return request.
If You return the products to Us for re-sizing, the return, insurance and
reshipping costs are borne by Our House, provided that Your package has been returned to the slip provided by Hevva Joaillerie from one of the following countries: Metropolitan France
& DOM TOM (Guadeloupe, Saint-Martin, Saint-Barthélémy, Martinique, French Guiana, La
Réunion, Mayotte, Saint -Pierre-et-Miquelon), Germany, Austria, Belgium, Croatia, Spain,
Estonia, Finland, Greece, Ireland, Italy, Lithuania, Luxembourg, Malta, Netherlands, Poland,
Portugal, Czech Republic , United Kingdom, Slovakia, Slovenia.
On receipt of the resized products, You will no longer be able to benefit from the provisions set out
in Articles 4. 1, 4. 2 and 4. 3 above, i.e. You will not be able to make a return or
exchange for a jewel that has been resized. The resizing time is 3 (three) to 4
(four) weeks.
4. 5 CONDITIONS FOR ACCEPTING SIZE DISCOUNTS
The size discounts provided for in article 4. 4 above will only be borne by Hevva
Joaillerie if:
(I) the return process described by Our advisers and on Our site has been respected;
(II) the products are sent to Us returned in perfect condition, unworn. In particular,
the Hevva Joaillerie ribbon sealed to the jewel must still be in perfect condition and has not been removed. Thus,
items returned incomplete, damaged, damaged or soiled cannot be resized. In
particular, products with scratches, even slight ones, cannot be resized. Similarly, products whose ribbon has been unsealed cannot be resized;
(III) Our specialists confirm that the setting and the stone, or any other constituent element of the
product, comply with the product sent to You, without damage, modification or intervention of any kind.
We also specify that:
(A) Products that have been the subject, at Your request, of a personalized or specific modification
(in particular a change in the size of the stone or stones of different colors than what
is visible in Our online catalog) cannot be resized;
(D) Similarly, certain special products cannot be resized. They are then
clearly presented as such to the customer at the time of the order;
(E) Resizing is possible on a jewel that has been engraved by Maison Hevva Joaillerie, provided
that the other conditions have been met;
(F) Re-sizing is not possible for an order whose delivery address is
outside the European Union.
4. 6 RIGHT OF WITHDRAWAL
In application of the provisions of article L. 221-18 of the Consumer Code, You have
a period of fourteen (14) clear days from receipt of the products to exercise Your
right of withdrawal, without justification or penalties. We will reimburse You no later than
fourteen (14) days following the date on which your right of withdrawal was exercised. You will be able to exercise this right using the withdrawal form which will be made available to You upon delivery of the products, and which You can consult here, in accordance with Articles L. 221-1, L.
221-5 and L. 221-13 of the Consumer Code.
However, the vast majority of Our pieces being manufactured individually and to order
according to Your specifications (choice of a design, a precious metal, a precious stone, a
finger size for rings and bracelets, and a personalized engraving), these fall
within the scope of exception no. 3 of article L. 221-28 of the Consumer Code. Thus, for
all these parts made to order (indicated as deliverable in "three
weeks" or more, or in general for any part that You would request to be engraved in a personalized way
), this right of withdrawal is not applicable, which You expressly acknowledge
.
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5. Warranties
5. 1 CONCERNING THE PRODUCTS
5. 1 1 Legal warranties
Hevva Joaillerie complies with the legislation in force concerning defects in the conformity of the product
with the Contract and redhibitory defects under the conditions provided for in articles 1641 to 1649 of the Civil Code
:
“ Article L. 217-4 of the Consumer Code: The seller is required to deliver goods that comply with the
contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for
conformity defects resulting from the packaging, the assembly instructions or the installation
when this has been charged to him by the contract or has been carried out under his responsibility.
Article L. 217-5 of the Consumer Code: To comply with the contract, the good must:
1° Be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter has
presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect given the declarations
public information made by the seller, the producer or his representative, in particular in
advertising or labelling;
2° Or present the characteristics defined by mutual agreement by the parties or be suitable for
any special use sought by the buyer, brought to the seller's attention and which the latter
has accepted.
Article L. 217-12 of the Consumer Code: The action resulting from the lack of conformity is
prescribed by two years from the delivery of the goods.
Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects of the
thing sold which render it unfit for the use for which it was intended, or which so diminish
this use , that the buyer would not have acquired it, or would have given only a lower price for it, if he had known about them.
Article 1648 first paragraph of the Civil Code: The action resulting from redhibitory defects must be
brought by the purchaser, within two years from the discovery of the defect. »
In addition, Hevva Joaillerie extends this warranty to jewelry sold by the Company beyond two
years and without time limit when the product is used under normal conditions.
It is reminded, as necessary, that (i) damage, deformation and destruction of
products as well as (ii) breakage and loss of stones and pearls, which would be the result of effortsexternal damage, shocks or handling faults are not covered by this guarantee. They
give rise to a repair estimate, and, if You accept the estimate, to invoicing for the repair.
5 2 CONCERNING THE SITE
Without prejudice to the guarantees set out in article 5. 1 above, Hevva Joaillerie does not grant
any guarantee on the Site and/or the Content (as described in article 7 below). In particular,
Hevva Joaillerie makes no warranty as to the suitability of any of the
elements of the Site for any particular use. Hevva Joaillerie does not guarantee that the functions
contained on the Site and that any Content or other element appearing thereon will be at all times
available, uninterrupted or error-free, that any defects or errors will be
immediately corrected or that the Site or its server will at all times be free of viruses or
other components likely to cause damage.
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6. Liability
6. 1 COMPLIANCE WITH LEGISLATION
The jewels offered comply with the French legislation in force at the time of the
proposal. Hevva Joaillerie cannot be held liable in the event of non-compliance
with the legislation of the country where the jewelery is delivered. It is Your responsibility to check with the local
authorities the possibilities and procedures for importing the jewelery You plan to order, and
to comply with them under Your sole responsibility.
Furthermore, if You choose to access the Site from territories other than France, You
do so on Your own initiative and at Your sole risk. It is Your responsibility to comply with local
laws to the extent such law is applicable.
6. 2 JEWELRY PHOTO
Jewelry photos are for illustrative purposes only. We invite You to
refer to the description of each jewel to find out its precise characteristics. In case of
doubt or if You would like further information, do not hesitate to Contact Us
(article 1. 1 above).
6. 3 LIMITATION OF LIABILITY
Except for fraud or gross negligence and except in cases of liability for defective products, the
full liability of Hevva Joaillerie, for all damages reparable under the terms of
Contract, that it is likely to cause You under the Contract, is limited to the repair
only of the foreseeable, direct and material damage actually suffered by You as a result of
the failure of Hevva Joailleire, this repair does not under no circumstances may exceed the amount of
Your last purchase, even if Hevva Joaillerie has been warned of the possibility of such
damages.
It is specified that, within the framework of the Contract, are deemed to constitute indirect damages
not giving rise to the right to compensation by Hevva Joaillerie, even if they are foreseeable,
all loss of profits, turnover, data, databases or programs, the deprivation
of savings and all additional costs, as well as all image damage and all third-party claims.
Hevva Joaillerie shall in particular not be liable to You for damages caused by
(I) your own act, omission or fault; (II) any case of force majeure as defined by
jurisprudence rendered by the French courts; (III) any third party unrelated to Hevva Joaillerie for
the execution of the Contract (for example, in the event that the problems result from the performance,
congestion or connection of the means or telecommunications services, or the
performance of your IT equipment); or (IV) any other event that neither Hevva
Joaillerie nor its suppliers could have foreseen or prevented even if Hevva
Joaillerie or its
suppliers had taken all reasonable precautions.
In particular, will be considered as falling under Your own act, omission or fault: any
damage or loss that You may suffer as a result of the unsuitability or incompatibility of Your
computer equipment (hardware and/or ) to all or part of the Site and/or the lack of
implementation of all reasonable and necessary protections against any harmful programs,
devices or communications, because it belongs to You, and You alone, to (I) verify
or have verified that Your computer and/or telecommunications equipment is suitable and
compatible with the Site, before any use and (II) put in place and implement allreasonable and necessary protection against any harmful programs, devices or communications
, in particular by means of anti-virus software.
6. 4 LINKS TO OTHER SITES
The Site, as well as other pages controlled by Hevva Joaillerie (Facebook pages, Instagram
etc. ), may contain links to other sites on the Internet. These other sites are not
under the control of Hevva Joaillerie and You acknowledge that Hevva Joaillerie is not responsible for the
accuracy, respect for intellectual property rights, legality, decency or
any other aspect of the content of these sites. The inclusion of such a link does not imply any endorsement by
Hevva Joaillerie, nor any association with its operators. Hevva Joaillerie cannot guarantee that
You will be satisfied with any product or service whatsoever that You will obtain on a
third-party site which is the subject of a hyperlink from or to the Site, being as the
channels of other online businesses are owned and
operated by independent merchants. Hevva Joaillerie does not endorse any merchandise and has taken no
measures to confirm the accuracy or reliability of any information contained on these
third-party sites. We urge You to do whatever research You believe
necessary or appropriate before engaging in any electronic transaction with any
of these third parties.
6. 5 PRESCRIPTION
Without prejudice to the provisions of Articles L. 217-12 of the Consumer Code and 1648 of the
Civil Code (recalled in article 5. 1 2 above) and other mandatory legal provisions to the contrary,
You agree that any claim or action arising from or related to the use of all or
part of the Site or the Contract, must be formulated and brought into bring legal proceedings on the merits within
a period of one (1) year following the earliest of the following two dates, under penalty of prescription: the
date on which the claim was first made or the date on which the cause
of the complaint appeared for the first time.
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7. Intellectual Property
7. 1 LEGAL PROTECTION
The Site and all elements (including products), documents and other data which appear there
(the "Content"), whether visual or audio, are protected by French rules and
applicable international law with respect to, as the case may be, trademarks, trade marks or services
—whether or not they are registered as such—and trade names or
other distinctive signs , copyright, neighboring rights, sui generis rights, design and model rights, patents, manufacturing or commercial secrets or other rights of the same nature and belong to or have been licensed at Hevva Joaillerie.
7. 2 INTELLECTUAL PROPERTY INFRINGEMENT
Your right to use the Site and any Content or other material thereon is subject
to Your compliance with the Agreement and any applicable law or regulation. Any use of the Site or
any Content for any purpose other than as permitted by the Agreement may violate
Our rights or those of Our licensors:
(I) You may not access and display any Content and any other material on the Site for
non-commercial, private use only;
(II) the Site and any Content may not be copied, reproduced, modified, republished, downloaded,
posted, adapted, transmitted, distributed or used in any way without the prior written permission
of Hevva Joaillerie or unless otherwise required by applicable legal authorization (in which case, You must
keep intact all notices of ownership);
(III) You must not use meta tags or any other hidden text containing Our name,
trademark(s) or that of companies affiliated with Us without Our specific agreement,
prior and written;
(IV) any User who wishes to place, for his personal use, on his site, a simple link
directly returning to the home page of the Site, must first obtain Our
specific written authorization; under no circumstances Our agreement shall engage Our
responsibility, for any reason whatsoever, on the Site or any Content;
(V) any hypertext link to the Site by the technique of framing or in-line linking is
strictly prohibited.
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8. Comments, reviews, communications and other content
8. 1 CONTENT SUBMISSION
Users may send Us criticism, comments or other content,
Submit suggestions, ideas, questions or other information to Us as long as such
content is not unlawful, obscene, abusive, threatening, defamatory, infringing
intellectual property rights, or harmful to any third party and does not consist of or contain computer viruses
, political activism, commercial solicitations, mailing mass mail,
chains or any other form of "spam". You must not use a false email address,
impersonate any person or entity, or lie about the origin of content. We
reserve the right, in Our sole discretion, to remove or edit any content and to
prosecute any offenders.
8 2 RIGHT OF REPRODUCTION
If You send Us content, and unless otherwise stipulated by You, You
grant Us, as well as companies affiliated with Us, for the legal duration of protection
applicable, the non-exclusive and free right to reproduce, modify, adapt, publish, translate,
distribute, sub-license and display this content worldwide, on the Site and on all
media.
8 3 NECESSARY RIGHTS
You represent and guarantee to Us that you are the owner or holder of the necessary rights to the
content that You transmit to Us. You agree to indemnify Us in the event of an action, or a
claim by a third party against Us if this action has as its cause, foundation or origin the content that You have communicated to Us.
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9. Applicable law - Competent jurisdiction
9. 1 JURISDICTION IN FORCE
The Contract is subject to French law (excluding the rules applicable to conflicts
of laws).
9. 2 COMPETENT COURTS
In the event of a dispute, only the Commercial Court of Paris is competent.
9. 3 MEDIATION
In accordance with article L. 612-1 of the Consumer Code, you can make free use
of the MEDICYS mediation service to which we report by electronic means or by post:
MEDICYS – 73 Boulevard de Clichy – 75009 PARIS.
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10. Protection of personal data
10. 1 MANAGEMENT OF PERSONAL DATA
The personal data collected on the Site is intended for Hevva joaillerie with Your
consent. Hevva Joaillerie undertakes to protect Your personal data. All
personal data concerning You collected by Hevva Joaillerie is treated with the strictest
confidentiality, in accordance with the provisions of Law 78-17 of January 6, 1978 relating to
Computing, Files and Freedoms, for the purposes of order processing. Your
information and personal data are necessary for the management of orders and
relationships with You, as well as to keep You informed of all offers and commercial information
that may be of interest to You. They may be transmitted to service providers and
contractual partners who intervene and contribute to the management of orders as well as to
all the subsidiaries of Hevva Joaillerie. This information and order management are
also kept for security purposes, in order to comply with legal and
regulatory obligations and to enable Hevva Joaillerie to improve and personalize the
services are offered.
10. 2 RIGHT OF ACCESS, RECTIFICATION AND OPPOSITION
In accordance with the Data Protection Act of January 6, 1978, You have a right of access,
to rectify and oppose personal data on re. To exercise this right,
You must send a letter to the following address: Hevva Joaillerie, 10 rue de Penthievre
75008 Paris and indicating your surname, first name, e-mail address and your customer references. Each
request must be signed and accompanied by a photocopy of an identity document bearing Your
signature and specifying the reply address. This response will then be sent within 2
months of receipt of the request.
10. 3 BLOCTEL
In accordance with article 223-2 of the Consumer Code, We inform You that You
can, if You wish, register on the list of opposition to cold calling
on the website www. bloctel. govt. Fr
Registration on this list allows you to no longer be contacted by telephone by a
professional with whom there is no pre-existing contractual relationship. If You are already
registered on the Bloctel list, the fact that You communicate Your telephone number to Us authorizes Us
to use them to call You back within the framework of Your order or to
suggest You other services.
10. 4 DISSEMINATION OF INFORMATION
When entering personal data on the Site and prior to their collection, You
have the option of agreeing to receive information relating to Hevva
Joaillerie products. In accordance with the legislation in force, such information will only be sent to You if and only if You have expressly agreed to receive it.
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11. Commercial offers and Newsletters
Hevva Joaillerie may send You commercial offers by post, email,
sms, telephone or via all the web spaces run by hevva Joaillerie or one of its
partners on social networks, subject to prior acceptance. You have the option at any
time to oppose these commercial prospecting mailings free of charge, by
clicking on the "unsubscribe" link in each email.
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12. Cookies
12. 1 USE OF COOKIES
When consulting the site, information relating to Your browsing may
be recorded in "Cookies" files installed on their terminal (computer, tablet,
Smartphone). These cookies are issued by Hevva Joaillerie in order to facilitate navigation on the
site and allow Your browser to be recognized when You are connected to the Site. These
cookies are issued in order to:
- Establish visitor statistics (number of visits, page views, abandonment in the
order process, etc. )
- Adapt the presentation of the Site to the display preferences of terminals,
- Store information entered in forms, manage and secure access to
reserved and personal spaces such as the customer account and to manage the shopping cart.
12. 2 USEFULNESS OF COOKIES
Hevva Joaillerie reserves the right to place cookies on Your computer during visits
to the Site. A cookie is a small file which is sent to Your computer and stored on Your
hard drive. A cookie does not allow You to be identified but is intended to signal any
previous visit to the Site in order to help Hevva Joaillerie to personalize its services.
12. 3 DEACTIVATION OF COOKIES
You can make settings so that cookies are deactivated and thus prevent
cookies from being installed, without Your express consent, on Your computer. Any settings
implemented may modify Internet browsing and the conditions of access to
certain services on the Site requiring the use of cookies.
12. 4 APPLICATIONS FROM THIRD PARTIES
The Site uses computer applications from third parties, which allow You to share
content from the Site with other people or to make known to these other people your
opinion concerning a content of the Site (social networks such as Facebook, Instagram, Google+,
Twitter, etc.).
12. 5 COLLECTION OF INFORMATION BY SOCIAL NETWORKS
When You consult a page of the Site containing a "Share" or "Like" button, Your
browser establishes a direct connection with the servers of the social network concerned. If You are
connected to the social network during Your browsing, the application buttons make it possible to link the
pages consulted to Your account. If You interact through the plug-ins, for example by
clicking the "Like" button or leaving a comment, the corresponding information
will be transmitted to the relevant social network and published on Your account. If You do not want
social networks to link the information collected through the Site to Your
account, You must disconnect from the relevant social network before visiting the Site. In
particularly, Hevva Joaillerie collects and uses Your browsing data when You visit the
Site through Facebook. This collected data is only intended for the use
of Hevva Joaillerie.
12. 6 NON-LIABILITY TOWARDS SOCIAL NETWORKS
Hevva Joaillerie is in no way responsible in any way whatsoever for the content or operation of any of the
social networks, including those which may be linked to the
Website.
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13. Miscellaneous
13. 1 SUBSTITUTION OF PROVISIONS
If a provision of the Contract should be declared illegal, void or unenforceable for any
reason whatsoever and it is not possible to replace it by operation of law with a reasonable provision
having a similar effect (operation that the parties already allow any
court seized of the dispute concerned to carry out, insofar as the applicable law allows it), this
provision will then be considered as likely to be severed from the Contract and will not affect
the validity and enforceability of the remaining provisions to the fullest extent possible under
applicable law.
13. 2 NON-WAIVER IN THE EVENT OF NON-EXERCISE OF A RIGHT
The fact that Hevva Joaillerie does not exercise one of the rights granted to it under the Contract
cannot be interpreted for the future as a waiver of the right in question nor as an obstacle to the exercise of any other right.
13. 3 TRANSFER OF RIGHTS AND OBLIGATIONS
We may transfer (by any means and in any form, including
merger) Our rights and obligations under the Contract, without notice to You: (i) to any
entity that is or will be related to Us, or (ii) to any person or entity that will take control
directly or indirectly of all or a significant part of Our assets or Our capital
or voting rights or those of any of Our related entities. You may not transfer
(by any means) the Contract, without first obtaining Our written consent
.
13. 4 MEANS OF NOTIFICATION
We may send You any notification provided for in the Contract, either in the form of a
publication on the Site, or by e-mail, or by normal, express or registered mail to Youraddress that We have in our systems, at Our choice. You acknowledge and agree
that one or other of these modes of notification, chosen by Us, is sufficient for your
information.
13. 5 USE FOR THE PURPOSES OF EVIDENCE
Hevva Joaillerie may rely, in particular for the purposes of proof of any act, fact or omission,
of the programs, data, files, recordings, operations and other elements (such asmonitoring reports or other statements) of nature or in computer or
electronic format or medium, drawn up, received or kept directly or indirectly by it, except for abuse or
manifest error. You undertake not to contest the admissibility, validity or probative force
of the elements of nature or in format or computer or electronic medium mentioned above.
13. 6 MODIFICATION OF THE CONDITIONS
Given the possible evolutions of the Site and the regulations, Hevva joaillerie reserves
the right to modify the Conditions at any time. The new Conditions will, where applicable,
be brought to Your attention by online modification and will only apply to sales
made after the modification.
13. 7 PENALTY CLAUSE
In the event that HEVVA JOAILLERIE had to initiate a recovery procedure for the purposes of
recovering its debts following a delivery that remained wholly or partially unpaid, it shall be entitled to
solicit debtor, in addition to payment of the principal amount due, compensation under the
penalty clause within the meaning of article 1152 of the Civil Code, corresponding to 30% of the said amount,
in addition to legal interest and any legal costs, without prejudice to the right to damages and
interest for the benefit of Hevva Joaillerie.