GENERAL CONDITIONS OF SALE AND USE OF THE SITE ROUVENAT

These general terms and conditions of sale and use of the site (hereinafter, the"Terms") apply between:

The company Rouvenat, SAS, a simplified joint stock company with a share capital of 10,000 euros, registered in the Paris Trade and Companies Register under number 901 001 651, intra-community VAT number FR55901001651, whose registered office is located at 416 rue St Honoré, 75008 Paris (hereinafter,"We","Us","Our" or"Rouvenat"), and

Any natural person of age acting exclusively in the strict context of his personal needs, which consults the website www.rouvenat.com (hereinafter, the "Site") and / or makes a purchase from Rouvenat (hereinafter "You" , "Your", "Your", the "User" or the "Internet").

We ask you to read the Contract (as defined below) carefully before using the Site and / or placing any order with Rouvenat insofar as this Contract affects Your rights and obligations. The mere use of the Site and / or placing any order is worth / prevail 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 to place any order.

Please print a copy of the Agreement for your records.

Article 1 - General Provisions

1/ Useful contact information. If You wish to contact Us, Our coordinates are as follows:

- telephone number: 01 40 15 02 49 (cost of a local call) from metropolitan France (or +33 1 40 15 02 49 for international calls) from Monday to Friday from 9am to 7pm (French time).

- email address: contact@rouvenat.com. The coordinates of the director of publication are as follows: Marie Berthelon, Rouvenat, SAS, 416 rue St Honoré 75008Paris. The details of the host of the Site are as follows: OVH SAS: 2 rue Kellermann - BP 80157 Roubaix 59053 CEDEX 1.

2 / Scope of the Contract. Your use of the Site and / or any purchase made from Rouvenat are expressly and exclusively governed by(i) the Terms,(ii) Our Data Protection Policy(data protection), and(iii) all other terms and conditions published or otherwise referred to from time to time on the Site (together, the"Contract"). Please note that the Terms prevail, in case of contradiction and unless otherwise expressly provided, over any other terms and conditions mentioned in section(iii) above.

3/ Changes to the Contract. The Contract may be reviewed, updated or otherwise modified at any time, in whole or in part, it being specified that when You place an order on the Site, the applicable Terms and Conditions are those in effect on the Site on the date Your order is placed.

4/ Certificates. All gemstones over 1.00 ct that We deliver to You are provided with a certificate established by an independent gemological laboratory (such as SSEF, the Paris Chamber of Commerce and Industry (CCIP), the GIA...) that describes their specific characteristics and includes a unique reference number. This certificate or a translation of this certificate will be provided to you in French if You reside in France and if You request it.

All Rouvenat jewelry is accompanied by a certificate of authenticity.

Article 2 - Price - Payment

1/ The prices of Our products are indicated on the Site in euros, including all taxes and excluding delivery charges. The delivery costs are charged per product ordered and are mentioned in the basket before the validation of your order. We invite you to consult the following link(delivery) for more information concerning the possible expenses of forwarding and other treatment which could apply and which, if necessary, will be indicated at the time of the placing of Your order. You must contact Us (see article 1.1) if You wish to be delivered outside the European Union.

2/ 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 automatically on the invoice. Customs duties, other local taxes, import duties or state taxes may be payable. These rights and sums are not of Our spring and do not concern 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 contact the appropriate authorities in your country.

3/ An invoice for Your order (see article 3.2.3 below) will be issued and will be downloadable from Your personal space on the website www.rouvenat.com.

4/ All orders are payable in Euros.

5/ Rouvenat reserves the right to change its prices at any time and without notice, subject to Article 1.3 above. The products already ordered will be invoiced on the basis of the rates in force at the time of registration of Your order.

6/ You can make the payment of your orders:

(i ) By credit card (Visa, MasterCard, or Carte Bleue): the amount of Your order is debited at the time Your order is ready to be shipped; (ii ) By Paypal tbc: the amount of Your order is debited at the time of the online payment. The date of registration of the order is the date of the online payment. (iii ) By bank transfer: to do this, You must contact Our customer consultants team to obtain the details of our bank account.

 

Article 3 - Order and delivery

1/ Conditions to place an order. You declare :

Be at least 18 years of age and have the legal capacity to place and fulfill any order or be the holder of a parental authorization allowing you to place and fulfill any order and be able to justify it at any time, upon Our simple request; Be a natural person acting within the framework of your personal needs (in particular in the sense that any order that You place must correspond to the normal needs of an individual).

Placing an order.

1. Methods of placing an order. You can choose to place your order:

Directly on the Site; or By phone to our customer consultants at 01 40 15 02 49 (cost of a local call) from metropolitan France (or +33 1 40 15 02 49 for international), Monday to Friday from 9am to 7pm (French time).

2. Specific provisions applicable to placing an order on the Site. We will only acknowledge receipt of Your order if the following steps are followed:

1st step: You must enter all the data requested, namely: Your name and surname; Your contact details (telephone and email); Your precise billing address (for security reasons, We ask that the billing address be the one registered by the establishment that issued your bank card, in order to protect You from possible fraudulent use); Your precise delivery address (P.O. Boxes are not accepted); Your payment method.

2nd step: to validate Your order, You must: review the data You have entered and correct any errors; check the box confirming that You have read the Agreement and that You accept the Agreement without reservation; click on "validate".

3rd step: after the validation of Your Order, You must, as a precaution, still confirm it. To do so, You must: review the details of Your order, including its total price; click on "confirm".

3. Receipt of your order.

As soon as Your order is recorded (by telephone or on the Site) and within a maximum of 2 (two) working days from this recording, We acknowledge receipt of Your order and inform You of this. Rouvenat is bound by the order as of the sending of this acknowledgement. Rouvenat reserves the right to refuse, without liability on its part, any order that seems doubtful about a user, or any other just cause (including examples: item (s) ordered in too large a quantity, abnormal or abusive returns following previous orders, fraudulent means of payment, a dispute over payment of a previous order).

4. Modifications to Your order. Modifications by You: Until the date of shipment of your purchases (which We inform You see below), You have the opportunity to modify all or part of Your order (including adding or removing one or more products). Any change will be analyzed in a new order that will fully cancel the previous and must comply with the process described above (order on the site or by phone) to be taken into account by Rouvenat. This option to modify the order does not apply to orders for personalized products or engraved at Your request.

Modifications by Us in case of unavailability of the ordered product: Our offers of products and their prices are valid within the limit of the available products. If it should happen that some of the products that You have ordered are no longer available, We undertake to refund Your purchase, or to offer You substitute products in the same price range. We will inform You as soon as We are aware of this unavailability, and if necessary, We will inform You of the new delivery time and will give You the possibility to cancel Your order in any case.

We also reserve the right to cancel all or part of an order in the event of default by one of our suppliers or in the event of force majeure. We will notify You as soon as We are aware of this and will proceed to the reimbursement of any sum that You would have already paid to Us in relation to the cancelled order or part of an order.

3/ Delivery 

1. Place of delivery. The products are delivered to the delivery address that You indicated during the ordering process.

2. Delivery times. Unless longer manufacturing, processing, shipping and/or delivery times are required (of which We will inform You upon receipt of Your order), the products ordered are delivered within ninety (90) days maximum from the receipt of Your order (see section 3.2.3 above), except for special orders for which the duration will be established on a case-by-case basis depending on the complexity of the project.

Delivery will be deemed to have taken place on the date of first presentation of the products at the delivery address indicated.

3. Delayed delivery. We invite You to regularly consult the follow-up of Your order on the Site (heading"My Account") or by calling Our advisers (article 1.1 above).

We will keep You informed of any delay in shipping that We may have knowledge of. In this case: if the product has not yet been sent, You can proceed to the cancellation of Your order; if the product has already been sent, You can proceed to the cancellation of Your order by proceeding as indicated in article 4 below.

If You order several products at the same time and only some of them are delayed, We may split the shipments. In this case: only the products shipped will be debited; the shipping costs of the products shipped late will be free; the above provisions relating to the cancellation of the order will apply only to the products that are delayed.

4. Observations on the delivery or the delivered products. You must imperatively check the packages and the products upon delivery. If You have any reservation or observation justifying that the products be returned to us, You must proceed as indicated in article 4 below.

5. Property - Risks . The transfer of property on the products takes place as from the complete payment of the price. The transfer of the risks on the products takes place with the delivery of the products.

 

Article 4 - Returns

1. Right of withdrawal. Pursuant to the provisions of Article L. 221-18 of the French Consumer Code, You have a period of fourteen (14) calendar days from the date of receipt of the product(s) (or from the date of receipt of the last product if your order includes several products delivered separately) to exercise Your right of withdrawal, without justification of reasons or penalties (with the exception of the cost of returning the product(s) to You).

To do this, You must inform Rouvenat customer service in writing or by phone (see Article 1.1 above) of Your decision before returning the product(s) to Us, and then follow the return process described on the Site(return process).

In accordance with Article L. 221-21 of the Consumer Code, you must return the product (s), without undue delay and, at the latest, within fourteen days of your notification to the customer service of Rouvenat of your decision to withdraw,

We will refund You upon receipt of the product(s) or until You have provided proof of shipment of the product(s), whichever comes first.

2. Satisfied or refunded. Beyond the legal deadline for exercising the right of withdrawal mentioned above and up to fifteen (15) days after delivery, we give you the opportunity to return the products ordered that do not give you full satisfaction for refund, exchange or resizing.

To do this, You must imperatively inform the customer service of Rouvenat in writing or by phone (see Article 1.1 above), in particular to obtain a special code of return, of Your decision before returning the products to Us, tell us the reason for Your return and follow exactly the process of return described on the Site Delivery and returns

If You return the products for resizing or exchange, the return costs remain at your expense and the new shipping costs will be borne by Rouvenat; upon receipt of the products resized or exchanged, You can no longer benefit from the provisions set out in Articles 4.1 and / or 4.2 above;

If You return the products to Us for reimbursement, the initial transport costs and the return costs will be at Our expense; We will reimburse You the price corresponding to the value of the products no later than fifteen (15) days following the date on which Your return was accepted by Rouvenat.

3. Conditions of acceptance of returns. The returns provided for in Articles 4.1 and 4.2 above will be accepted by Rouvenat and will give rise to refund or exchange only if: (i) the return process described on the Site(return process) has been respected; (ii ) the products are returned to us in their original packaging, complete (original certificate provided, accessories, packaging, including gift box, case, notices ...), in perfect condition and accompanied by a copy of the original purchase invoice; thus, the items returned incomplete, damaged or soiled will in no case be taken back; The certificate of authenticity is an integral part of the product; It is specified that if Rouvenat accepts, despite the absence of the certificate, Your return, the replacement of the certificate will be charged 200 (two hundred) euros HT, or 240 euros TTC (two hundred and forty euros all taxes included) which will be deducted from the refund and / or give rise to billing; (iii) Our specialists confirm that the frame and stone, or any other component of the product, are consistent with the product that was sent to you, without damage, modification, or intervention of any kind.

In addition, the products that have been the subject, at Your request, of a personalized or specific inscription (in particular, the frame of which would have been engraved or the diamond(s) of which would have been the subject of a laser inscription or other, apart from the certificate number) can no longer be reimbursed or exchanged.

In case of refusal to accept the return by Rouvenat, We will explain the reasons that You can of course challenge by providing evidence of the validity of your position. We undertake in this case to re-examine Our decision in light of the evidence that you bring.

4. Refund and exchange terms. All refunds will be made using the same means of payment as the one used by the User for the initial transaction, unless the User expressly agrees to the use of another means of payment and provided that no costs are incurred by the User.

In the event of an exchange, if the new order is for an amount greater than the order giving rise to the exchange, the User must enclose payment of the balance with the exchange request. Conversely, if the amount of the exchange is less than the amount of the order, the User will receive a refund of the excess amount under the same conditions as those mentioned above.

 

Article 5 - Guarantees

1. Legal guarantees concerning the products. Rouvenat is required, for products sold on the Site, the application of legal guarantees of compliance(Articles L.217-3 to L.217-20 of the Consumer Code) and hidden defects (articles 1641 to 1649 of the Civil Code) under the conditions provided by law.

"Legal guarantee of conformity" (extract from the Consumer Code):

Art. L. 217-4. "The good conforms to the contract if it meets in particular, where applicable, the following criteria: 1° It corresponds to the description, type, quantity and quality, particularly as regards functionality, compatibility, interoperability, or any other characteristic provided for in the contract; 2° It is fit for any special purpose sought by the consumer, brought to the seller's attention no later than at the time of conclusion of the contract and which the latter has accepted; 3° It is delivered with all accessories and installation instructions, to be provided in accordance with the contract; 4° It is updated in accordance with the contract.".

Art. L. 217-5. " I.- In addition to the criteria of conformity with the contract, the good is conforming if it meets the following criteria: 1° It is fit for the purpose usually expected of a good of the same type, taking into account, where applicable, any provisions of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned; 2° Where applicable, it has the qualities that the seller presented to the consumer in the form of a sample or model, prior to the conclusion of the contract 3° Where applicable, the digital elements it contains are supplied in the most recent version available at the time the contract is concluded, unless the parties agree otherwise; 4° Where applicable, it is supplied with all the accessories, including packaging, and installation instructions that the consumer can legitimately expect; 5° Where applicable, it is supplied with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L. It corresponds to the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the good as well as public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on the label.

II. However, the seller is not bound by any public statements mentioned in the preceding paragraph if he demonstrates: (1) that he did not know them and was not legitimately in a position to know them; (2) that at the time of the conclusion of the contract, the public statements had been corrected under conditions comparable to the initial statements; or (3) that the public statements could not have influenced the decision to purchase.

III. The consumer may not contest the conformity by invoking a defect concerning one or more particular characteristics of the goods, which he was specifically informed deviated from the criteria of conformity set out in this article, deviation to which he expressly and separately consented at the time of the conclusion of the contract."

Art. L. 217-9 "The consumer is entitled to demand that the goods comply with the criteria set out in sub-section 1 of this section. The consumer shall request the seller to bring the goods into conformity, choosing between repair and replacement. To this end, the consumer shall make the goods available to the seller.

Art. L. 217-7. "Defects of conformity that appear within twenty-four months of delivery of the goods, including goods with digital elements, are, unless proven otherwise, presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or the defect claimed.

"On the guarantee of the defects of the sold thing" (extract from the Civil Code)

Art. 1641. "The seller is bound by the warranty for hidden defects of the thing sold which render it unfit for the purpose 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, if he had known about them.

Art. 1644 "...the buyer has the choice of returning the thing and having the price returned to him, or keeping the thing and having part of the price returned to him."

Art. 1648 - paragraph 1 "The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect".

2. Warranty regarding the Site.

Without prejudice to the guarantees contained in Article 5.1 above, Rouvenat does not provide any guarantee on the Site and / or the Content (as described in Article 7 below). In particular, Rouvenat does not guarantee the compliance of any of the elements of the site to any particular use. Rouvenat does not guarantee that the functions contained on the Site and that any Content or other element contained therein will at all times be available, uninterrupted or without error, 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.

Article 6 - Liability

1. The products offered are in accordance with French law then in force. The responsibility for Rouvenat can not be held liable for non-compliance with the legislation of the country where the products are delivered. It is your responsibility to check with local authorities the possibilities and procedures for importing products that you plan to order, and to respect them under your full responsibility.

Furthermore, if You choose to access the Site from territories other than France, You do so on Your own initiative and at Your own risk. It is Your responsibility to respect local legislation insofar as this legislation is applicable.

2. The photos of products are presented for illustrative purposes only. Accordingly, responsibility for Rouvenat can not be held liable for differences between the photos (including color, brightness, etc.) of products and products delivered. We invite you to refer to the description of each product to know the precise characteristics. In case of doubt or if You wish additional information, do not hesitate to contact Us (see article 1.1 above).

3. Except in the case of fraud or gross negligence and except in the case of liability for defective products, the total liability of Rouvenat, for all the damages that can be repaired under the terms of the Contract, that it is likely to cause You in the context of the Contract, is limited to the repair of foreseeable, direct and material damages actually suffered by You because of the failure of Rouvenat.

Rouvenat will not be responsible to You for damages caused by(i) your own act, omission or fault;(ii) any case of force majeure as defined by case law issued by the French courts;(iii) any third party not linked to Rouvenat for the execution of the Contract (for example, in the case where problems arise from the performance, congestion or connection of telecommunications means or services, or the performance of your computer equipment); or(iv) any other event that neither Rouvenat nor its suppliers could have foreseen or prevented even if Rouvenat or its suppliers had taken all reasonable precautions.

In particular, the following shall be considered to be due to 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 software) to all or part of the Site and/or the failure to implement all reasonable and necessary protections against any damaging programs, devices or communications, as it is Your responsibility, and Yours alone,(i) verify or have verified that Your computer and/or telecommunication equipment is appropriate and compatible with the Site, prior to any use and(ii) implement all reasonable and necessary protections against all harmful programs, devices or communications, in particular by using anti-virus software.

4. The Site may contain links to other sites on the Internet. These other sites are not under the control of Rouvenat and you acknowledge that Rouvenat 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 Rouvenat, nor any association with its operators. Rouvenat cannot ensure that you will be satisfied with any product or service you obtain from a third party site that is hyperlinked to or from the Site, as the channels of other online businesses are owned and operated by independent merchants. Rouvenat does not promote any merchandise and has not taken any steps to confirm the accuracy or reliability of any information contained on these third party sites. We urge You to conduct whatever research You deem necessary or appropriate before engaging in any electronic transaction with any of these third parties.

Article 7 - Intellectual Property

1. The Site and all elements (including products), documents and other data contained therein (the"Content"), whether visual or audio, are protected by French and international rules applicable to trademarks, trade or service marks -- whether registered or not as such -- and trade names or other distinctive signs, copyrights, neighboring rights, rights sui generis, design rights, patents, trade secrets or other rights of similar nature and belong or have been licensed to Rouvenat.

2. Your right to use the Site and any Content or other materials contained therein is subject to Your compliance with the Agreement and any applicable laws or regulations. 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 only access and display any Content and any other element of the Site for non-commercial and private use; (ii ) the Site and any Content may not be copied, reproduced, modified, republished, uploaded, posted, adapted, transmitted, distributed or used in any way without Rouvenat's prior written permission or unless legally mandated applicable (in this case, You must keep intact all mentions of property rights); (iii ) decompiling, reverse engineering, disassembling or otherwise reducing the code used in any software on the Site into a readable form in order to examine its structure and/or to copy or create other products based (in whole or in part) on that software is prohibited, unless there is an applicable mandatory legal exception (as provided for in Article L. 122-6-1 IV of the French Intellectual Property Code); (iv ) You may not use meta tags or any other hidden text containing Our name, trademark(s) or that of Our affiliates without Our specific, prior, written consent (v ) any User who wishes to place, for his personal use, on his site, a simple link referring directly to the home page of the Site, must obtain Our specific prior written authorization; in no case shall Our agreement engage Our responsibility, in any capacity whatsoever, on the Site or any Content; (vi) any hypertext link referring to the Site by the framing or in-line linking technique is formally forbidden

Article 8 - Comments, reviews, communications and other content

1. Users may send Us reviews, comments or other content, submit suggestions, ideas, questions or other information as long as such content is not illegal, obscene, abusive, threatening, defamatory, infringing on intellectual property rights, or harmful to third parties and does not consist of or contain computer viruses, political activism, commercial solicitations, mass mailings, chain letters or any other form of "spam. You may not use a false e-mail address, impersonate any person or entity, or lie about the origin of the content. We reserve the right, in our sole discretion, to remove or edit any content.

2. If You send Us content, and unless otherwise specified by You, You grant Us and our affiliates, for the applicable legal term of protection, the non-exclusive and royalty-free right to reproduce, modify, adapt, publish, translate, distribute, sub-license and display such content throughout the world, on the Site and in all media.

3. You declare 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 claim of a third party against Us since this action would have as cause, basis or origin the contents that You communicated to Us.

 

Article 9 - Mission Company

Rouvenat adheres to the Community of Companies with a Mission, and mentions in its statutes: "Rouvenat (re)values Human and Natural resources throughout the value chain. As such, Rouvenat is committed to using a maximum of recycled materials in its activity. In particular, the stones used by Rouvenat are old, documented, and certified by its teams of gemologists.

Article 10 - Cookies

Please refer to our privacy policy.

Article 11 - Applicable law - Jurisdiction

1. This Agreement is governed by French law.

2. In the event of a dispute You can seek an amicable solution before taking legal action, with the help of a consumer association, a professional organization in the sector, a mediator or any other counsel of your choice.

3. In case of failure of any attempt at amicable solution, any dispute will be submitted to the exclusive jurisdiction of the French courts.

4. In any case, our responsibility cannot be sought in case of force majeure as defined by the courts, in case of a failure or negligence of the Customer or the unforeseeable and insurmountable fact of a third party to the contract.

Article 12 - Miscellaneous

1. If any provision of the Agreement is held to be illegal, invalid or unenforceable for any reason and it is not possible to substitute a reasonable provision of similar effect by operation of law (which the parties already permit any court in which the dispute is pending to do, to the extent permitted by applicable law), then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of the remaining provisions to the fullest extent possible under applicable law.

2. The fact that Rouvenat does not exercise one of the rights granted to it under the Contract shall not be interpreted for the future as a waiver of the right in question or as an obstacle to the exercise of any other right.

3. We may transfer (by any means and in any form, including merger) Our rights and obligations under the Agreement, 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 acquire control directly or indirectly of all or a significant portion of Our property or capital or voting rights or those of any of Our related entities. You may not transfer (by any means) the Agreement without Our prior written consent.

4. We may give You any notice under the Agreement, either by posting it on the Site, by e-mail, or by regular, express or registered mail to Your address on file with Us, at Our option. You acknowledge and agree that any of these methods of notification, as chosen by Us, is sufficient for Your information.

5. Rouvenat may rely, including for the purpose of proof of any act, fact or omission, programs, data, files, records, operations and other elements (such as monitoring reports or other statements) in any format or nature, including computer or electronic, established, received or stored directly or indirectly by it, except abuse or manifest error. You agree not to challenge the admissibility, validity or probative value of the aforementioned elements.

1. Our Site is subject to a security system: We have adopted the SSL encryption process.

2. For any order placed on the Site of an amount equal to or greater than 120 € TTC (one hundred and twenty euros all taxes included), Rouvenat proceeds to the archiving of the Contract in force at the time of the order, the order itself and the acknowledgment of receipt sent by Rouvenat, for a period of ten (10) years from the delivery of products subject to the order.