TERMS AND CONDITIONS

PREAMBLE

These Terms and Conditions (hereinafter “T&C”) apply exclusively between any user of the website www.aventurineparis.com
(hereinafter “website”) and the company CJ Bijoux, whose registered office is 32 rue
Espariat, 13100 Aix-en-Provence, France, registered at RCS Paris under number 534,835,954.
(“Adventurine” or “Seller”).
Purchases of products offered for sale on the Site are reserved for adult individuals who are not traders and who have full legal capacity (the “Customer”). Customer agrees to carefully read these before using the site. Placing an order on the site
implies Customer’s full and complete acceptance of the present which he acknowledges having read.

1. CUSTOMER ACCOUNT

Before placing an order on the Site, Customer shall create a customer Account filling out a form in the “My Account” section with personal information. Customers are committed to giving accurate information and not to impersonate a third party, nor to changing their age. In particular, the Customers will provide their email address and a password (with at least 8 characters) to be used to identify themselves on the website at a later date. The login and password are personal and the Customer agrees not to disclose them.

2. PRICE

The prices of the products indicated on the Site are in euros, including all taxes. Prices displayed do not include shipping cost participation, which is specified before the final order is posted. In the event of a manifest price error, which may be due to a technical problem, Aventurine reserves the right not to accept the order. Products remain the property of Aventurine until the full price is paid. For orders outside France, when the package for export arrives at destination, it will be the recipient’s responsibility to pay any taxes or customs duties that apply to the country of destination. For your information, online purchases are not duty-free.

3. PRODUCTS

Products offered for sale are available on the website, subject to availability. Aventurine reserves the right at any time to remove any product for sale on the website. If a product is unavailable after the order has been validated, the Customer will be promptly notified by email and the missing product(s) will be automatically canceled and reimbursed. The descriptions of the products available on the website are for your convenience. Similarly, photographs may differ slightly from reality, especially due to the configuration of the display settings of the computer used.

4. ORDER

To order, the customer must register or identify themselves by their customer account and follow the online purchasing process by adding the products to their basket. By visiting the shopping cart page, the customer can see the different modes of delivery and their cost, as well as the countries of delivery. After the customer has validated the order and chosen the delivery method, the customer will need to review the products ordered and review the T&C. Once he has clicked “Pay my order” he is presumed to have accepted the T&C, the price of the products, the content of his order and his delivery address. Upon payment, Customer will receive an order confirmation email. This email does not constitute the acceptance of the order by Aventurine, which reserves the right to refuse an order, in particular in the event of over order due to banning of the purchase for resale, abnormal nature of the order, abnormal or abusive claims or returns, litigation with the Customer, non-payment of an order box. Adventurine cannot be held responsible for a customer input error that does not permit receipt of the confirmation email and/or delivery of the order.

5. PAYMENT

Payment for the order can be made by credit card (Blue Card, Visa, Mastercard or Paypal). In case of credit card payment, the debit is made at the time of order validation, after confirmation from the issuing bank of the card. If the bank rejects the order, the order will be automatically canceled. Transaction security is provided by BNP Paribas by encrypting bank account information. When the Customer records their credit card for future purchases, the data is also encrypted. At no time will the customer’s bank data pass through the computer system of Aventurine.

6. DELIVERY

6.1 Ship To Country

Products listed on the Site are delivered only to the countries listed below:
Mainland France, Monaco, Corsica
DOM TOM: Martinique, Guadeloupe, Guyana, Reunion, Saint Barthelemy, Saint Martin.
Europe: Switzerland, Belgium, Luxembourg, Germany, Austria, Bulgaria, Cyprus, Denmark, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Malta, Montenegro, Netherlands, Norway, Poland, Portugal, Czech Republic, Romania, Spain, Serbia, Slovakia, Slovenia, Sweden, United Kingdom.
North America: United States, Canada
We do not ship the following destinations for customs purposes:
– Some overseas communities and countries,
– Andorra – Büsingen and the island of Helgoland (Germany),
– the Faroe Islands, Greenland (Denmark),
– the Canary Islands, Ceuta, Melilla (Spain),
– the Aland Islands (Finland),
– Mount Athos (Greece),
– Campione of Italia, Livigno, San Marino and the Vatican (Italy),
– Jersey, Guernsey (Great Britain).

6.2 Delivery Times

Aventurine makes every effort to ensure that the order is delivered as soon as possible. Orders placed on the Site on Fridays from 1 p.m., Saturdays or Sundays will not be processed until the following Monday. Orders placed on the website on a holiday will be processed on the next working day. The average delivery times from the shipment of the order are as follows:
– From 2 to 4 working days in Colissimo for mainland France, Corsica, Monaco.
– From 5 working days for the DOM-TOM.
– From 3 working days in Colissimo for Europe and England.
– From 5 to 10 working days in Colissimo international, for United States, Canada.
Delivery may be delayed for reasons beyond Aventurine’s control. In this case, Aventurine undertakes to keep the Customer informed of the situation. A delivery is presumed to have been made as soon as the control system of the carrier registers the placing of the order with the Customer. If the package is damaged or its contents do not comply with the order, the Customer must contact Aventurine Customer Service within fourteen (14) days of receiving the products, in order to initiate the return of the products in accordance with the procedure described in Chapter 7.2.

7. RIGHT OF WITHDRAWAL

7.1 Exercise of the right of withdrawal

The Customer has a right of withdrawal of 30 days from the date on which he received the products, in order to return the product(s) ordered without having to justify himself or pay penalties, in accordance with Directive 2011/83/EU of 25 October 2011 as transposed. Any withdrawal of an order must be notified by all means and in particular:
– either by email, by the contact form or by mail addressed to:
Aventurine
Service Client
32, rue Espariat
13100 Aix-en-Provence
FRANCE

7.2 Return Procedures

After notifying Aventurine of its withdrawal, the Customer must return the affected products within a maximum of 30 days from this notification. The return of the products in the exercise of the right of withdrawal shall be effected in accordance with the conditions described in Chapter 7.3 below. The refund of the products linked to the right of withdrawal will be made within 14 days from the day of receipt of the products. As a reminder, an exception to the right of return:
– For hygiene reasons, the return of earrings is not accepted.
Any product purchased on the Website may be exchanged via the Website for an item of equal or greater value. In case of abnormal or abusive returns, Aventurine reserves the right not to accept the return and to refuse a subsequent order.

7.3 Terms and conditions of return

All products returned by the Customer, whether as part of the right of withdrawal or the satisfied or refunded guarantee, must not have been used, damaged, soiled by the Customer. The Customer shall bear the cost of the return. Products must be returned to the following address:
Aventurine
Customer Service
32, rue Espariat
13100 Aix-en-Provence
FRANCE
Aventurine cannot be held responsible for any loss or damage occurring during transport, so it is recommended that the Customer use a continuous shipping service. In the event of loss or damage during transport, the Customer must contact his carrier directly. If the items are not received at the indicated address, Aventurine will not be able to process the return.

7.4 Refund

Once the returned products are checked by Aventurine, the customer will be refunded according to the mode chosen on his return voucher. The refund will be made in 14 days, from the date of receipt of the products by Aventurine.

8. LEGAL GUARANTEES

All products are covered by the legal regime of the guarantee of conformity provided for in the Consumer Code, as well as by the guarantee of hidden defects of the Civil Code, provided that the use has been normal and the maintenance advice has been followed. Consumption Code: The seller is obliged to deliver goods in accordance with the contract and is liable for any nonconformity that may exist at the time of delivery. It also responds to defects of conformity resulting, for example, from packaging. To be in compliance with the contract, the property must:
(a) be fit for the usual use expected of a similar property and, if applicable,
– correspond to the description given by the seller and possess the qualities presented to the buyer in the form of a sample or model;
– present the qualities that a purchaser can legitimately expect with regard to public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
(b) Or have the characteristics agreed by the parties or be suitable for any special purpose sought by the buyer, brought to the knowledge of the seller and accepted by the seller. The action resulting from the lack of conformity shall be prescribed by two years from the date of issue of the goods.

Civil Code :
The seller is liable for the guarantee because of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use, that the buyer would not have acquired it, or would have given only a lower price, had he known them. The action resulting from the redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.

9. INTELLECTUAL PROPERTY

All intellectual property rights in the website and its contents belong exclusively to Aventurine. Any reproduction, use or modification, in whole or in part, of any element of the website, in any form whatsoever, may not be effected without the express authorization of Aventurine, which reserves the right to institute proceedings under intellectual property law. The Customer is granted a limited license, including the access to and use of the website on a personal basis, and excluding any downloading or modification of the contents, in whole or in part, without written consent from Aventurine. This license excludes any use of the website for commercial or resale purposes, any retrieval and use of product descriptions or tariffs, any use derived from the website or its contents, or any use of data mining tools, indexing robots or data collection and retrieval tools. It is prohibited to reproduce, duplicate, copy, sell, or otherwise exploit all or part of the website for commercial purposes without express written permission. The use of techniques to incorporate any trademarks, logos, proprietary information (including images, texts, layouts or forms) belonging to Aventurine without express written permission is prohibited. It is forbidden to use meta tags or any other « hidden text » using the name of the sign without express written permission.

10. PROTECTION OF PERSONAL DATA

Personal information collected on the website is processed by Aventurine for customer relationship management and prospecting purposes. They are available at any time in the section « my » Account. In accordance with the law of 6 January 1978 on data processing, files and freedoms, amended in 2004 (hereinafter the « law on data processing and » freedoms) the customer has the right to access, rectify, delete and object to the personal data concerning him. To exercise this right, he must send a letter to the following address: Aventurine 32, rue Espariat, 13100 Aix-en-Provence, France.
Aventurine does not share personal information with third parties for the purpose of prospecting, but may disclose such information to legally authorized bodies and authorities, to the extent that disclosure is required or permitted by law, or where Aventurine deems it necessary or appropriate to comply with applicable laws and other laws, or to protect or defend its rights or those of its employees, customers or any other person. If the Customer has previously accepted it, he may receive emails or SMS from Aventurine from which he can unsubscribe, for the emails, by clicking on the unsubscribe link at the bottom of each received email and for the SMS by clicking on STOP in each SMS.

All personal information is stored at the website’s hosting provider, the contact details of which are listed on the website under the heading « Legal ». Aventurine does not ask to confirm account details or credit card details by email. If the Customer receives an email purportedly sent by Aventurine, they should not reply.

11. COOKIES

This section « COOKIES » allows you to know more about the origin and use of the navigation information processed when you visit our site and about your rights. When you visit our site, information about your browsing may be stored in «Cookies» files installed on your terminal (computer, tablet, smartphone, etc.). We issue these cookies in order to facilitate your navigation on our site. They may also be issued by our partners in order to personalize the advertising offer addressed to you outside our site. Cookies may also be included in different areas of our site. These spaces can display advertising content from advertisers on your terminal. Only the issuer of a cookie can read or modify information contained therein.

The cookies we issue The cookies that we set on your device allow us to recognize your browser when you connect to our site. We issue cookies for the following purposes:
・ Establish attendance statistics (number of visits, page views, abandonment in the ordering process…) to monitor and improve the quality of our services.
・ Adapt the presentation of our site to the display preferences of your terminal.
・ Remember information entered in forms, manage and secure access to reserved and personal spaces such as your account, manage your order basket.

Third party cookies when you access the aventurineparis.com website, one or more cookies from partner companies (« third party cookies ») may be placed on your computer via the pages of our website or via content displayed in our advertising spaces. The cookies placed on our site by the service providers we use to promote our activities and offers are intended to:
・ identify products viewed or purchased on our site in order to personalize the advertising offer addressed to you outside the aventurineparis.com site.
・ if you have authorized it when registering with these providers, you can contact Aventurine by email. The purpose of the cookies contained in the advertising spaces of our site is to enable the compilation of statistics on the advertisements broadcast (number of displays, advertisements displayed, number of users who have clicked on each advertisement…). The issuance and use of cookies by third parties is subject to the privacy policies of such third parties. We have no access or control over third party cookies. However, we ensure that the partner companies process the information collected on the aventurineparis.com website exclusively for the purposes of the Aventurine brand and in compliance with the law « Informatique et Libertés ». You can refuse third party cookies by setting your browser appropriately.

Your choices regarding cookies
You have several options to manage cookies. Any settings may change your browsing on the Internet and your conditions of access to certain services requiring the use of Cookies. You can configure your browser software so that cookies are stored in your terminal or, on the contrary, they are rejected, either systematically or according to their issuer. You can also configure your browser software so that acceptance or refusal of cookies are offered to you on a timely basis, before a cookie is likely to be stored in your terminal. If your browser is configured to refuse all cookies, you will not be able to make purchases or take advantage of essential functions of our site, such as storing items in your shopping cart or receiving personalized recommendations. The configuration of each browser is different.

12. MISCELLANEOUS TERMS

12.1 Force majeure

Aventurine will not be responsible for the delay in the performance or for the failure to perform its obligations in full or in part, if this is caused by a force majeure event, in particular in the event of a disturbance or total or partial strike by postal services and means of transport and/or communication, flooding or fire. Aventurine will notify Customers of a force majeure event, no later than five (5) business days after its occurrence. Aventurine will inform the Customer, as soon as possible, of the manner in which the order is processed during the duration of the force majeure event.

13.2 Partial invalidity

If any of the provisions of these Terms and Conditions were found to be void or unenforceable, the remainder of the would remain in force, unless the invalidated obligation is an essential obligation whose removal or cancelation would prevent the continuation of the entire Terms and Conditions.

13.3 Transaction Retention and Archiving

Invoice archiving is performed on reliable and sustainable media to ensure a consistent and durable copy.

13.4 Change of the Terms and Conditions

Aventurine reserves the right to change, modify, add or remove any part of these T&C at any time. Any changes made to the T&C will be published on the Site. The date at the beginning of these T&C will be modified to reflect the latest revision date. The T&C applicable to an order are those in effect on the date of payment of the order.

13.5 Mediation

In accordance with the Consumer Code’s “Consumer Litigation Mediation Process” provisions, Customer is entitled to a free mediation service. Electronic link to online dispute resolution platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR The dispute can only be reviewed by the Consumer Ombudsman when:
a) Customer warrants that Customer has attempted to resolve the dispute directly with the Seller by means of a written claim;
b) The Customer has submitted his application to the Ombudsman within less than one year of its written claim to the Seller.
The demand must not be patently unfounded or abusive. Finally, if the dispute has already been reviewed or is under review by another mediator or by a court, or is outside its jurisdiction, the mediator shall reject the Customer’s request. In the event that the request is not admissible, the Customer shall be informed by the mediator of the rejection of the request for mediation, within three weeks of receipt of the request.

13.6 Applicable Law and Competent Jurisdictions

These T&C are subject to French law. In the event of a dispute, only the French courts will have jurisdiction. However, the Parties undertake to seek an amicable solution prior to any judicial action.