Terms and conditions of sale

These General Terms and Conditions of Sale (hereinafter the “GTC”) set forth the rights and obligations of the user (hereinafter the “Customer”) and the Company described in Article 2 below, in connection with the sale of products on the website www.aureliebidermann.com (hereinafter the “Site”).

The contract, entered into upon placement of an order, is governed by the regulations governing distance selling, as set forth in the Consumer Code, as well as by the specific provisions set forth below; it is hereby clarified that the protective provisions of the Consumer Code incorporated into these Terms and Conditions apply to consumers, as defined in the Introductory Article of the Consumer Code.

By placing an order on the Website and accepting these Terms and Conditions, the Customer hereby declares:

- Have the legal capacity to enter into this agreement, that is, to be of legal age and not be under guardianship or conservatorship, and-

- Place an order on the website as a consumer, for personal and non-commercial purposes.

The Customer’s unconditional acceptance of these Terms and Conditions shall consist of checking the box provided for that purpose.

These Terms and Conditions of Sale exclusively govern the relationship between the Company described in Article 2 below and the Customer placing an order on the Website, to the exclusion of any other document.

The applicable Terms and Conditions are those in effect on the date the order is placed, as posted on the Website, and made available to the Customer prior to the confirmation of the order. The Company encourages the Customer to carefully review the Terms and Conditions posted on the Website for each order, as the dates of the most recent updates are indicated.

The offeror is:

AURELIE BIDERMANN – AMS DESIGN (hereinafter the “Company”)

A simplified joint-stock company with a single shareholder

Registered office: 8 place Vendôme, 75001 PARIS Registered with the Paris Trade and Companies Register - SIRET No.: 822204632

Share Capital: 5,945,200.00 euros

VAT No.: FR35 822 204 632

Customer Service:

Email: info@aureliebidermann.com

Tel: +33 (0)1 40 41 67 37

3.1. The products offered for sale are those listed on the Website on the date the Customer visits the Website.

Each product sold on the Site is presented with a photograph and its price. By clicking on a product, the Customer accesses a product description listing its essential characteristics as defined in Article L111-1 of the French Consumer Code (including materials) as well as any recommendations for use and/or care.

For certain products, the Customer may select the size (for example, for certain rings), provided that the product’s price may vary depending on the Customer’s selections. In such cases, the applicable price will be the one displayed on the Site once the Customer has selected the size.

3.2. The products offered for sale by the Company are those available on the Website on the date of the Customer’s order, subject to the terms of Article 7 of these Terms and Conditions.

The prices of the products displayed are shown in the currency of the country where the customer is located when viewing the Site.

The applicable prices are those displayed on the Site on the day the Customer places the order.

To place an order, the Customer must:

- View the product details for the items they wish to purchase, verify that they are suitable, and, depending on the product, select the size, color, or other available options as needed, understanding that the product price may vary based on the Customer’s selections;

- Select the product(s) they wish to purchase by clicking “Add to Cart”;

- Once their selection is complete, they can finalize their order by clicking “Proceed to Checkout” via the “Cart” tab;

- Log in (if they haven’t already) using their username and password to their personal account, or if they do not have a personal account, create one and then log in;

- Enter their shipping information (title, last name, first name, mailing address, email, and phone number);

- Select the desired shipping method from those offered, review the delivery times and shipping costs, then click “Continue”;

- Enter their billing information if different from the shipping information;

- Select their payment method.

After reviewing the contents of the order and its total cost (products ordered, shipping fees, optional extras), and correcting any errors, the Customer will:

- Read these Terms and Conditions and accept them by checking the box provided for that purpose;

- Confirm their order definitively by clicking on “Review Order” and then proceeding to pay for the order in accordance with the terms described in Section 6 of the Terms and Conditions. This confirmation shall constitute the conclusion of the contract, subject to payment by the customer. The order is only final once the Company has received confirmation of payment from the Customer.

The order cannot be modified (quantity, products, etc.) after the Customer has confirmed it.

Once the contract is concluded, the Company will send the Customer an order confirmation via email, containing a summary of the order and billing and delivery information.

The languages available for entering into the contract with the Site are French and English.

The Customer agrees that the Terms and Conditions and the order confirmation will be provided to them on a durable medium, via email.

The information provided by the Customer when placing the order is binding on the Customer: in the event of an error, the Company shall not be held liable.

To pay for the products and the delivery and shipping charges, the Customer must follow the instructions provided on the order form.

Customers may pay for their purchases by credit card, PayPal, or bank transfer for special orders. The following credit cards are accepted: CB, MasterCard®, Visa®, and American Express®. The Company also accepts payments via Apple Pay and Google Pay.

In the case of payment by bank transfer, the Customer will receive an email at the address provided, containing the Company’s bank details and requesting that the Customer make the transfer corresponding to the payment for their order within ten (10) business days of the order’s confirmation. An email will be sent to the Customer within 8 days if the expected amount has still not been received in the Company’s bank account. The order is final only once the Company has received confirmation of payment from the Customer. The order may be canceled by the Company if the Customer has not made the bank transfer within the specified time frame.

In the event of payment via PayPal, the Customer expressly acknowledges that they have read and agree to PayPal’s Terms and Conditions, as PayPal is solely responsible for processing the personal data related to the payment methods provided by the Customer.

When paying by credit card, the bank will ask the Customer for personal information during the payment process in order to verify the cardholder’s identity and authorize the transaction. The Customer must provide their credit card number, the card’s expiration date, and the security code (the three-digit number on the back of the credit card).

The Customer warrants to the Company that he or she is the lawful holder of all rights necessary to use the payment card.

Financial information will be transmitted via an encrypted protocol to PayPal or other banks providing remote electronic payment services, and third parties will not have access to it under any circumstances.

7.1 SHIPPING TIME

7.1.1 SHIPPING OF JEWELRY COLLECTION

All products sold on the Site are part of the “Jewelry” collection, with the exception of those in the “Fine Jewelry” category listed under the “Fine Jewelry” tab on the Site.

Availability and shipping time :

Aurélie Bidermann products are available if the word “Add” appears on the product’s sales page at the time of purchase.

In the event that the product ordered by the Customer is no longer available after the order has been placed, the Company will contact the Customer as soon as possible to inform them and allow them to proceed as follows :

Any order placed on the Site will generally be processed and shipped within 24 hours of receipt of payment (excluding weekends and holidays) if the product is in stock and unless otherwise indicated to the Customer prior to order confirmation. An email will be sent to confirm the processing of the order as well as its shipment.

7.1.2 SHIPPING OF THE JEWELRY COLLECTION

All jewelry items listed in the “Jewelry” category on the website are part of the Jewelry Collection.

Availability and Shipping Times :

Jewelry from the “Jewelry” line is produced in very limited quantities by our certified fine jewelry workshops. Therefore, it is possible that the item the Customer wishes to purchase may not be in stock even though the “Add to Cart” button is displayed on the Site.

Please note that shipping times may vary from a few days—if the product is in stock—to 6 weeks, depending on the time of year and the complexity of the parts ordered.

7.1.3 SHIPPING OF SPECIAL ORDERS

“Special” orders include the customization of a piece of jewelry (such as engraving) and/or the creation of a custom-made piece of jewelry.

Any Customer wishing to place a special order is invited to contact our customer service department by email at the following address : info@aureliebidermann.com to determine the feasibility of their request, receive a quote, and be informed of shipping times.

In accordance with the provisions of Article L221-28-3° of the French Consumer Code, products corresponding to these special orders are not subject to the right of withdrawal detailed in Article 8 of these Terms and Conditions and may not be returned, exchanged, or refunded.

7.1 DELIVERY TIMES

The Site ships throughout the European Union as well as to the rest of the world (please refer to the list of countries where the Company offers delivery of our products).

The product ordered is delivered to the address provided by the Customer when placing the order on the Site. The shipping address may differ from the billing address.

Delivery times depend on the shipping address and the shipping method selected by the Customer. The Company shall not be held liable for any delays related to customs clearance of exported goods.

The delivery times specified below do not begin until the order has been shipped.

7.3 MAXIMUM DELAY AND POSSIBLE DELAY

The products ordered will be delivered within a maximum timeframe (including shipping and delivery):

- For delivery within France: 1 to 3 business days from the date the order is placed;

- For delivery within the European Union (excluding France): 2 to 5 business days from the date the order is placed;

- For delivery outside the European Union: 3 to 7 business days from the date the order is placed;

If the ordered product is not delivered within the maximum time limit specified above, the Customer may, after unsuccessfully urging the Company to fulfill its delivery obligation within a reasonable additional period, terminate the contract by registered letter with return receipt addressed to the Company’s registered office or by email sent to info@aureliebidermann.com, specifying the relevant order number.

In such a case, the Customer will receive a refund of all amounts paid no later than fourteen days after the date on which the Customer requested cancellation of the order.

If no one is present to receive the order at the specified address :

The order will be delivered to the shipping address provided by the Customer when placing the order on the Website. If delivery could not be made due to an error in the recipient’s name at the time the order was placed, the Company shall not be held liable and the order cannot be refunded.

7.4 SHIPPING COSTS

Shipping is free for orders of €200 or more.

Shipping costs will depend on the delivery method selected. Shipping costs are listed in the “Shipping & Tracking” section of the Website and will be disclosed to the Customer prior to final confirmation of the order.

7.5 RESERVES

In the event of damage, the Customer must clearly and precisely note any reservations on the delivery receipt, a copy of which is sent by La Poste or the carrier to the Company. In this regard, it is the Customer’s responsibility to verify the contents, conformity, and condition of the product upon delivery. This verification is deemed to have been completed once the Customer, or a person duly authorized by the Customer, has signed the delivery slip presented by the La Poste delivery agent or the carrier.

Despite the care we take in preparing orders, it is possible that an item may be missing from the order or that an error may have occurred during preparation. If the customer notices such an error, they must report it by email to info@aureliebidermann.com within 48 hours of receiving the order.

In accordance with the provisions of Articles L.221-18 et seq. of the Consumer Code, the Customer has fourteen (14) days to cancel the purchase without having to provide any reason.

The fourteen (14)-day period begins :

The Customer must notify the Company by filling out the online form available in the “My Returns” section of their Customer account on the website. It is also possible to submit a request for cancellation by:

Email to info@aureliebidermann.com; or by

Mail to AURELIE BIDERMANN – AMS Design SAS – E Shop – 8 place Vendôme, 75001 Paris (postmark serving as proof of date)

The Customer must return the product in question no later than fourteen (14) days following notification of their withdrawal to the following address, with return shipping costs to be borne by the Customer: Aurélie Bidermann – AMS Design SAS, Attn: E Shop, 8 place Vendôme, 75001 Paris, France.

Products must be returned in their original packaging, unopened, undamaged, and in a condition suitable for resale. They must not have been worn, used, altered, washed, or damaged.

After receiving and inspecting the products returned by the Customer, the Company will refund the payments received, excluding shipping costs.

The refund will be issued using the same payment method the Customer used for the original transaction, unless the Customer expressly agrees to a different method; in any case, this refund will not incur any costs for the Customer.

The refund will be issued no later than fourteen (14) days from the date on which the Company is notified of the Customer’s decision to cancel the order. However, the Company may delay the refund until it has received the item or until the Customer has provided proof of shipment of the item, whichever occurs first.

In accordance with the provisions of Article L.221-28 of the Consumer Code, the following, in particular, are not subject to the right of withdrawal:

No refund will be issued to a Customer who has not exercised their right of withdrawal in accordance with the terms of this section.

The Company is liable for any lack of conformity of the product under the terms of Article L.217-3 et seq. of the Consumer Code, and for any latent defects in the item sold under the terms set forth in Articles 1641 et seq. of the Civil Code.

Any claim made under the statutory warranties must be sent by the Customer via certified mail with return receipt requested to the Company’s headquarters, as indicated above.

The consumer has two years from the date of delivery of the goods to invoke the statutory warranty of conformity in the event that a lack of conformity arises. During this period, the consumer is only required to establish the existence of the lack of conformity, not the date on which it arose.

When the contract for the sale of goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the statutory warranty applies to such digital content or digital service throughout the entire period of supply. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service, and not the date on which it first appeared.

The statutory warranty of conformity requires the seller, where applicable, to provide any updates necessary to ensure that the item remains in conformity.

The legal warranty of conformity entitles the consumer to have the item repaired or replaced within thirty days of making the request, at no cost and without significant inconvenience to the consumer.

If the item is repaired under the statutory warranty of conformity, the consumer is entitled to a six-month extension of the original warranty.

If the consumer requests that the item be repaired but the seller insists on replacing it, the statutory warranty of conformity is renewed for a period of two years from the date the item is replaced.

The consumer may obtain a reduction in the purchase price while retaining the item, or terminate the contract and receive a full refund upon returning the item, if:

1°

The merchant refuses to repair or replace the item;

2°

The repair or replacement of the item takes place after a period of thirty days;

3°

Repairing or replacing the product causes significant inconvenience to the consumer, particularly when the consumer is required to bear the costs of returning or picking up the non-conforming product, or when the consumer is required to bear the costs of installing the repaired or replacement product;

4°

The property remains non-compliant despite the seller's unsuccessful attempt to bring it into compliance.

The consumer is also entitled to a price reduction or to rescind the contract when the lack of conformity is so serious that it justifies an immediate price reduction or rescission of the contract. In such cases, the consumer is not required to first request repair or replacement of the goods.

The consumer is not entitled to cancel the sale if the lack of conformity is minor.

Any period during which the item is out of service for repair or replacement suspends the remaining warranty period until the repaired item is delivered.

The rights mentioned above are based on Articles L. 217-1 through L. 217-32 of the Consumer Code.

A seller who, in bad faith, obstructs the enforcement of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of the seller’s average annual turnover (Article L.241-5 of the Consumer Code).

The consumer is also covered by the statutory warranty against hidden defects, pursuant to Articles 1641 through 1649 of the Civil Code, for a period of two years from the date the defect is discovered. This warranty entitles the consumer to a price reduction if the item is retained, or to a full refund upon return of the item.

For further information regarding statutory warranties, the Customer may contact the Company by mail, email, or phone using the contact information provided above. If the Company confirms that it will cover the product under the legal warranty, resulting in the repair or replacement of the non-compliant product, the Customer must return the product to the Company for rectification; such return must be carried out and borne by the parties in accordance with the provisions of Articles L.217-4 et seq., D.217-1, L.241-6 et seq. of the Consumer Code. In this regard, the Company shall be required to reimburse the Customer for the shipping costs of the product for the purpose of bringing it into compliance within fourteen days at the latest from the date on which the Customer is informed that the product is covered under the statutory warranty. The amount due in this respect is automatically increased by 10% if the reimbursement occurs no later than fourteen days after this deadline, by 20% up to thirty days, and by 50% thereafter.

For any inquiries or complaints, the Customer should contact customer service at the following address:  info@aureliebidermann.com

The customer service can also be reached by phone Monday through Friday (10 a.m.–6 p.m., French time) at +33 (0)1 40 41 67 37.

The Customer may also file a request for mediation with the AME mediator in accordance with the provisions of Articles L.611-1 et seq. of the Consumer Code. The mediator can be contacted online at the following address: www.mediationconso-ame.com

The mediator may also be reached by mail at the following address: AME conso – 197 Boulevard Saint-Germain, 75007 Paris.

In addition, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has established an Online Dispute Resolution platform to facilitate the independent, out-of-court resolution of online disputes between consumers and businesses in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.

The Site is the property of the Company. It is protected by international copyright laws and treaties, as well as by other international intellectual property laws and treaties.

All rights relating to the Website and the overall concept of the Company’s business, including their originality and innovative nature, in particular intellectual property rights in texts, literary, artistic, graphic (including photographs), and audiovisual works, software developments, HTML developments, and other intellectual creations, and, more generally, all creations eligible for intellectual property protection, such as images, logos, layout, graphic guidelines, structure, usability, color schemes, typography, fonts, basic graphic elements, screen layout, page layout, page backgrounds, and the Site’s visual identity, belong to the Company or are lawfully used by the Company, without limitation.

The Customer agrees not to harm, directly or indirectly, the Company, the Website, or the Company’s rights.

Any unauthorized reproduction of the content of the Site or the Terms and Conditions constitutes an act of infringement, punishable under Articles L335-2 et seq. of the Intellectual Property Code.

When using the Website and placing an order, the user’s personal data will be collected and processed in accordance with the terms set forth in the privacy policy available.

The following provisions outline the Company’s key commitments regarding the protection of personal data for Customers placing orders on the Website.

The Company complies with the amended French Data Protection Act No. 78-17 of January 6, 1978, and Regulation (EU) No. 2016/679 of the European Parliament and of the Council of April 25, 2016, known as the “GDPR” (hereinafter collectively referred to as the “Applicable Regulations”).

12.1 Collection and Purpose

Delivery of the order requires the provision of certain personal information regarding the Customer, including, but not limited to, their last name, first name, mailing address, date of birth, phone number, and email address. The data collected is necessary for the fulfillment of the order (including its confirmation, processing, and delivery) and to enable the Company to meet its obligations. Customers who do not wish to provide this information will not be able to place an order on the Site.

12.3 Security of Personal Data

The Company implements appropriate technical and organizational measures to ensure the protection of Personal Data and to provide the necessary safeguards for its processing, in accordance with the requirements of the GDPR.

Information transmitted on the Site is sent via a secure connection using standard Internet protocols.

Credit card numbers are not stored on the Site but on our bank’s secure website.

12.4 Customer Rights

In accordance with applicable regulations, the Customer has the right to access, correct, and delete personal data concerning him or her. In addition, the Customer has the right to object to the processing of his or her personal data on grounds relating to his or her particular situation, as well as the right to request that the Company restrict the processing of such personal data.

When data concerning the Customer is collected after obtaining their consent or for the purpose of performing a contract or taking pre-contractual measures, and is processed using automated means, the Customer also has the right to data portability. This right allows the Customer to receive their data in a structured, commonly used, and machine-readable format and to transmit it to another data controller.

In addition to the rights listed above, the Customer may also exercise the right to restrict the processing of their data. In such cases, Aurélie Bidermann will retain the data but will no longer be able to process it.

To exercise any of your rights, please submit a request online at the following address: info@aureliebidermann.com  or by mail to the following address: Aurélie Bidermann – AMS Design 8 place Vendôme, 75001 PARIS, providing your full name, address, and, if possible your customer ID number.

Aurélie Bidermann undertakes to acknowledge receipt of any such request and to process all requests as promptly as possible.

The Customer also has the right to file a complaint with the French Data Protection Authority (CNIL).

These Terms and Conditions are governed by French law.

Any dispute concerning the validity, interpretation, performance, or non-performance of these Terms and Conditions that cannot be resolved amicably shall be submitted to the competent French courts in accordance with the provisions of general law.

The Terms and Conditions are updated regularly, particularly in light of any changes to the Website or any legal, jurisprudential, editorial, and/or technical developments. The new Terms and Conditions will take effect on the date of their publication on the Site and will be brought to the Customer’s attention and accepted by the Customer upon completion of an order on the Site.

The applicable Terms and Conditions are those in effect on the date of the order.