TERMS AND CONDITIONS

I.Definitions

TOS means these terms of use and sale detailing the conditions for using the Site and placing Orders;

Customer means any natural person or legal entity, with or without a valid Account, and/or purchasing one or more products available on the Site;

Order(s) mean(s) the Customer's firm order(s) for the purchase of one or more Products available on the Site;

Account means a valid User account for the placing of orders;

Content refers to the content (text, sound, videos) belonging to, and uploaded onto the Site by, STATEMENT;

Personal Data means any personal information relating to an individual, enabling her/him to be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or one or more elements specific to her/his physical, physiological, genetic, psychic, economic, cultural or social identity;

Privacy Policy means the document prepared by STATEMENT, presenting its processing of Users' Personal Data and defining their corresponding rights;

Products designate jewelry, and more generally, the products offered for sale by STATEMENT via the Site. All Products offered for sale on the Site are new;

Site means STATEMENT's e-shop accessible at www.statement.paris, and from which Users can place an Order;

User means any person, whether or not she/he is a Customer, visiting or consulting the Site.

 

  1.  About the website www.statement.paris

 

The Site is published by STATEMENT, a joint stock company registered with the Trade and Companies Registry of Paris under number 833 524 689, with its headquarters located at 21, rue de Marignan 75008 Paris (France), represented by its CEO, AH Consulting, itself represented by Ms. Amélie HUYNH ("STATEMENT").

These TOS are accepted by to Customers when placing Orders and are accessible to Users at all time on the Site.

By accessing the Site, Users acknowledge having read and understood these TOS and hereby agree to be bound by them.

On its sole discretion, STATEMENT reserves the right to modify these TOS at any time. The applicable TOS are those accepted by the Customer when placing the Order.

 

  1. Placing an Order on the Site

 

Orders are placed via the Site.

3.1. Creating an Account or using the Site as a guest without creating an Account

 

To place an Order, the User may first create an Account by choosing a password or use the Site as a guest without creating an Account.

In case of creation of an Account, the User will receive an email from STATEMENT, confirming her/his registration.

If the User already has an Account, she/he will have to identify her/himself using her/his password. Users’ passwords are strictly personal and confidential. STATEMENT recommends to Users to regularly modify their passwords and choose strong passwords that include a combination of letters, numbers and special characters. Users should not share passwords with other individuals. Users are responsible for the loss or theft of their password if it is proven that they are responsible for such loss or theft. In this case, Users must immediately inform STATEMENT.

For more information regarding the Personal Data processed by STATEMENT, Users may consult the Privacy Policy.

 

3.2. Products selection and adding them to the cart of the Customer's Account

 

Users may select the Products of their choice provided they are available for online sale, along with the quantity desired.

The total price including taxes, as well as the amount of said taxes, will be posted on the Site. The Customer may consult potential shipping costs, delivery delays and product return policy in the "Shippings and Returns" menu.

To add a Product to the basket in her/his car, the User must:

  • select the Product, the desired size if any, and the desired number;
  • click on "add to cart".

 

Each new addition to the cart will be mentioned on the Site by the appearance of the number of items in the cart.

At any time, the Customer may consult the details of selected Product(s) which is(are) in her/his cart, continue her/his purchases on the Site, or confirm her/his Order by completing her/his payment.

 

3.3. Payment enabling the completion of the Order

 

Before finalizing the Order and paying, the User is directed to a web page enabling her/him to view the details of selected Product(s), and may change the Products.

Before making her/his payment, the User must complete details regarding invoicing and shipping and select the shipping options.

The User will be informed of the estimated delivery time of Products.

Before payment, the User should carefully check her/his Order, confirm her/his invoicing and shipping information, and must accept these TOS.

Products may be paid for by all means of payment proposed on the Site, including credit cards (including MasterCard, Visa and American Express), and Stripe.

The Order will only be processed by STATEMENT once payment is made by the Customer.

 

3.4. Order Confirmation by STATEMENT

 

After placing the Order, the Customer may access through her/his Account to a summary of her/his Order including the Order number. This summary will be sent to the Customer by confirmation email incorporating all the elements of the sale contract entered into the Parties.

This information constitutes proof of the nature, content and date of the Customer's Order and is authentic, which she/he expressly accepts.

 

3.5. Product Delivery

 

Products will be delivered, depending on the Customer's choice, to the address she/he has entered, at the STATEMENT showroom located at 21, rue de Marignan 75008 Paris (France) or any address communicated for this purpose on the Site, at the time of the Order is placed.

The Customer can track her/his Order on the Site, by accessing to her/his Account.

 

  1. Terms of Purchase and Customer guarantees

 

To place an Order, the Customer who is an individual, must be an adult (or failing that, be over sixteen, and place the Order accompanied by her/his legal representatives) and be legally able to enter into agreements.

If the Order is made on behalf of a legal entity, the Customer declares and warrants that she/he is empowered to place the Order on its behalf. In this case, the Customer agrees to purchase the Products for personal uses and not to resell them to third parties.

The Customer warrants that the Products will not be delivered, sold, and distributed for commercial purposes.

Any Order made in violation of this article will be null and void.

By validating an Order, the Customer submits to STATEMENT an offer to buy the Products placed in the cart. STATEMENT reserves the right to refuse, cancel and cancel orders at any time if circumstances make it legitimate, especially in case of violation of these TOS or attempted fraud.

 

  1. Information on Products & availability of products offered on the Site

 

The Products offered for sale are those listed in the collections accessible on the Site and that may be subject to an Order, unless they are exceptionally unavailable, or unless STATEMENT exercises its right of withdrawal.

Sales offers including promotional offers are valid as long as they are advertised on the Site. Any promotional offer not originating from the Site cannot be validly opposed to STATEMENT.

STATEMENT makes its best efforts to comply with the requirements of Article L.111-1 of the French Consumer Code by displaying the essential characteristics of the Products. Photographs or Products are for illustrative purposes alone and are not contractual.

Any Order place in violation of this article shall be null and void.

Users should consult the description of each Product to obtain its essential features. Products include different hallmarks used to certify the quality of the metals used by STATEMENT.

If the ordered Product is unavailable for exceptional reasons, STATEMENT will inform the Customer as soon as possible and the Customer may modify her/his selection or even cancel the Order. In all cases, STATEMENT will propose to the Customer another Product of an equivalent quality and price, or alert her/him, by email, in case of any future availability of the selected Product.

 

  1. Products Prices and Shipping costs

 

Product prices are firm. Products shall be invoiced on the basis of the price in force at the time the Order is confirmed.

Prices are net and in euros, including taxes.

Packaging and shipping costs can be consulted on the Site and will be communicated to the Customer before the Order is validated.

In no case may the prices appearing on the Site when an Order is placed shall incur STATEMENT’s liability for future orders. Product prices may be changed at any time by STATEMENT without prior notice and excluding Orders that are being processed.

 

  1. Products payment & Invoicing

 

The Customer must pay her/his Order in full by credit card or Stripe or by any other means proposed and accepted by STATEMENT.

To proceed with the payment, the Customer will provide her/his payment details via the service provider responsible for the online processing of payments. Transactions made by credit card are secure.

If a payment is refused, STATEMENT will suspend the Order and any possible delivery and the Customer must contact the issuer of the payment card responsible for such a refusal.

Products ordered remain the property of STATEMENT until full payment of their price. In the event of a payment default, the Customer undertakes to return to STATEMENT the Product(s) received upon first request. At delivery date, the risks (including loss, theft or damage) relating to the delivered Products are fully assumed by the Customer.

All invoices are dated on the day that the Order is placed. The invoice is sent by email to the Customer and a copy will be included in the package containing the Products.

 

  1. Dispatch & delivery of the Order

 

Products will be delivered, depending on the Customer's choice, to the address she/he has entered, at the STATEMENT showroom located at 21, rue de Marignan 75008 Paris (France) or any address communicated for this purpose on the Site, at the time of the Order is placed.

Unless otherwise stated on the Site, STATEMENT may dispatch the products to the following countries in mainland France (including Corsica), in all countries of the European Union and internationally under the conditions specified on the Site.

Delivery times are posted on the Site before the Order is placed. Unless otherwise indicated, they vary:

  • For priority delivery: between one (1) to two (2) business days excluding holidays, after the Order in France and in all countries of the European Union;
  • For standard delivery: between two (2) to five (5) business days excluding public holidays, after the Order in France and in all countries of the European Union;
  • For international delivery: between two (2) to five (5) business days, excluding public holidays, after the Order (subject to delays caused by international customs).

 

Delivery times are only given as an estimate and consistent with what has been usually found.

For standard delivery, delivery costs, excluding any customs or other local taxes, if any, are paid for by STATEMENT, which reserves the right to change the gratuity of delivery costs and have the difference in delivery costs paid for by the Customer, other than for open Orders.

In the event of deliveries outside mainland France, customs or other local taxes, may be applicable, which are exclusively borne by the Customer and which are under her/his full responsibility, including the reporting and payment. Customers should check with their local authorities prior to the Order.

For deliveries by courier in the city of Paris, delivery costs of the Products are offered by STATEMENT.

For priority and courier deliveries in the inner suburbs (départements 92, 93 and 94), the costs detailed in the "Delivery" menu shall be borne by the Customer.

The delivery will be deemed as complete upon the Customer or his chosen recipient's receipt of the Order. It is their responsibility to check upon receipt that the Products have not been damaged during transportation and to immediately notify STATEMENT if this is the case.

No dispute relating to the delivery itself is possible if the package appears to have been delivered, the carrier's computer system or the signature of the delivery note will be deemed as authentic.

STATEMENT will be exempt from all or part of its responsibility for any delay or failure to comply with obligations by demonstrating that this failure is either due to the Customer, or to the fact, which is unforeseeable and unavoidable, of a third party, or to a case of force majeure, as provided by Article L.121-19-4 of the French Consumer Code.

 

  1. Right of withdrawal for non-professional Customers

 

Pursuant to applicable legal provisions, the non-professional Customer has a right of withdrawal that can be exercised without having to provide a reason within a period of fourteen (14) days from the receipt of the Products.

If the Order includes several products, the withdrawal period runs from receipt of the last Product.

In order to exercise the right of withdrawal, the Customer must return the withdrawal form reproduced hereunder, or a written statement unambiguously expressing her/his intention to withdraw from the sale contract to STATEMENT at the following address: STATEMENT withdrawal department, 21, rue de Marignan 75008 Paris (France) or any address provided for this purpose on the Site.

Products must be returned by the Customer within fourteen (14) days from the communication of his/her decision to withdraw.

Upon exercise of the right of withdrawal within the aforementioned period, and in accordance with Article L121-20-1 of the French Consumer Code, the amount of the Order and any delivery charges will be refunded to the Customer, with the exception of any customs clearance costs.

 

Return costs will be paid:

  • For Orders delivered in France and in all countries of the European Union: by STATEMENT, which, after being informed of the exercise of the right of withdrawal, will send the Customer information for the return of Products;
  • For Orders delivered in other countries: by the Customer which will inform STATEMENT of the exercise of the right of withdrawal, in view of receiving information for the return of Products by STATEMENT. Any customs clearance costs shall be borne by the Customer.

 

Products must be returned to the following address: STATEMENT 21, rue de Marignan 75008 Paris (France), or any address provided for this purpose on the Site, in perfect condition for resale (unworn, undamaged, not soiled or dirty), in their original packaging, coupled with their certificate of authenticity, any accessories (except gift wrapping) and a copy of the invoice.

If the return is accepted after checking the condition of the Product(s)s, STATEMENT will make the refund by the same means of payment as that used by the Customer no later than fourteen (14) days from receipt of the Product(s) by STATEMENT or the transmission of proof of shipment of the Product(s).

Model withdrawal form to be returned by registered letter with acknowledgment of receipt:

For the Attention of STATEMENT, 21, rue de Marignan 75008 Paris (France)/info@statement.paris:

 

I ____________ hereby notify you of my withdrawal from the contract concerning the product ____________ below:

Ordered on: _______________ / received on ______________

Customer name: __________________________

Customer address: _______________________

Customer signature:

Date:  ____________________________

 

  1. Non-compliance of products and hidden defects

 

The provisions of this article are without prejudice to the right of withdrawal provided for in Article IX.

Pursuant to applicable legal provisions, the Products enjoy the legal guarantees of compliance provided for by Articles L.211-4 et seq. of the French Consumer Code and hidden defects provided by Articles 1641 et seq. of the Civil Code.

The Customer has a period of two (2) years from the delivery of Products to act as a legal guarantee of compliance or lack of hidden defects.

Products will be returned, in accordance with the return procedure referred to in Article IX by writing to the address info@statement.paris in perfect condition for their resale (unworn, not damaged or not soiled, besides the alleged defect) in their original packaging, together with any accessories (except gift box) and a copy of the invoice.

If the return is accepted, the Customer may request the repair or replacement of the Product, or this is not possible, the resolution of the sale or reduction in the sale price for the Products that are affected by hidden defects.

Return costs will be borne by STATEMENT, which, after being informed of the exercise of the right of withdrawal, will send the Customer information for the return of Products.

 

  1. Responsibilities and guarantees

 

The User is solely responsible for his Account, which in particular will enable him to manage her/his Orders (current and past), Personal Data, and password.

The Customer is fully responsible for any payment problems. The Customer guarantees STATEMENT that she/he is fully entitled to pay in full for any Order she/he places.

STATEMENT, subjected to an obligation of means, may not be held responsible for:

  • Any shortage in stocks that could occur after an Order is placed;
  • the partial or total failure to carry out its obligations, or any delay in the execution thereof, if such a failure or delay was caused by the occurrence of unpredictable, uncontrollable, or external events or if this or failure or improper execution is due to Users or if it unpredictably and insurmountably due to a third party;
  • difficulties related to the internet and webhosting and more generally any technical problem that may occur on the Site.

 

Access to the Site may be interrupted for technical reasons without liability from STATEMENT.

If the liability of STATEMENT were to be incurred for any reason whatsoever, the maximum amount of damages which STATEMENT could be ordered to pay may in no way exceed the amount of the Order.

 

  1. Contact

 

If you have any questions, STATEMENT may be contacted at the address: info@statement.paris or by telephone on +33 1 45 61 01 67

 

  1. Intellectual property

 

The Site is an intellectual work protected by the intellectual property rights. It is the exclusive property of STATEMENT.

Any reproduction or representation of the Site, or any part thereof, on any media whatsoever, for any purpose, including commercial, is expressly prohibited.

STATEMENT does not control the content, advertising, products or services available on or from sites linked to its Site.

 

  1. Deletion of Account

 

The Customer may request STATEMENT to delete her/his Account by writing an email to info@statement.paris.

The Account will be deleted two months after the request is received by STATEMENT and will exclude any ongoing Orders.

The Customer will have to retrieve the invoices of her/his Orders before her/his account is deleted.

 

  1. Force Majeure

 

Neither the Customer nor STATEMENT will be held liable for any default or delay in the execution of the contract which is caused by reasons that are beyond her/his/its control, such as fires, floods, epidemics, famines, earthquakes, hurricanes and other natural catastrophes, or even the regulations or acts of any authority or a civil or military act of any self-regulatory body, or wars, terrorism, riots, civil unrest, sabotage, theft or other criminal acts carried out by third parties.

 

  1. Final provisions

 

The TOS, Privacy policy and terms of the Order constitute the entire agreement between Users and STATEMENT.

The non-claim by STATEMENT of one of the provisions of these TOS cannot be deemed or construed as a waiver.

If one or more provisions of these TOS are declared invalid, the others will maintain their full force and effect. In this case, the parties shall, if possible, replace this cancelled stipulation by a valid provision corresponding to the essence and purpose of these TOS.

These TOS are governed by French law. The French version of these TOS shall prevail over any other version.

In case of dispute, the non-professional Customer has the possibility of having recourse to mediation or any other alternative disputes resolution.

 

TO THE EXTENT PERMITTED BY LAW, ANY DISPUTE REGARDING THE VALIDITY, INTERPRETATION OR EXECUTION OF THESE TOS WILL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE PARIS COURT INCLUDING IN THE EVENT OF RECOURSE IN WARRANTY OR MULTIPLE DEFENDANTS.