Terms of Sale

1. DEFINITIONS

  1. In order to ensure the best understanding of the present Terms of Sale, the reader is invited
    to take note of the following definitions :
  • Account:  Refers to the personal web interface that any Customer or User can create on
    the Website.
  • Bag: Refers to the list of Products selected by the Customer prior to the validation
    and payment of the Order.
  • Company: Refers to ARESSET S.A.S.U., whose relevant information is specified in the
    legal notice, which is the exclusive owner of the ARESSET brand.
  • Confirmation Email: Refers to the email sent to the Customer after the Order has been received.
  • Customer(s): Refers to Users who have acquired or are in the process of acquiring one or
    more Products available on the Website.
  • Order: Refers to the Customer’s request to have the Product(s) listed in the Bag
    delivered after completion, payment of the price and crafting of the Product
    by the Company.
  • Product(s): Refers to jewellery, creations, and all goods marketed by the Company.
    Shipment Email Refers to the email sent to the Customer after the validation of the Order and
    the details of its shipping.
  • ToS: Refers to this Terms Of Sale
  • User(s): Refers to any natural or legal person accessing the Website as an User or
    Customer.
  • Website: Refers to the website www.aresset.com and all its related domains and
    sub-domains.

2. SCOPE

  • 1- www.aresset.com is a Website which is operated by ARESSET. This Website is dedicated to the sale and distribution of manufactured and handcrafted jewellery items.
  • 2- These ToS shall apply by right, in their completeness and with no restriction to all of the Company’s Customers after they have consented to them.
  • 3- ToS are accessible at any time on the Website and prevail over any other previous version. The applicable version is the one made available on the Website.
  • 4- The Customer’s unequivocal and full consent to these ToS shall be evidenced by a checkbox when the Customer proceeds to complete the Order.
  • 5- As a result of agreeing to the ToS, the Customer:
    • acknowledges having read these ToS;
    • accepts without reservation the entirety of the provisions of the ToS;
    • agrees to bear the risks arising from the acceptance of these ToS;
    • is aware that any purchase on the Website is a binding agreement with the Company
    • according to the provisions of these ToS;
    • declare that they have the legal capacity to enter into such agreements;
    • is able to prove, at any time, the legal capacity to enter into an agreement with the Company.
  • 6- The Company draws the attention of its Customers to the fact that the refusal to accept the said ToS in their entirety will prevent, under any circumstances, the sale of its Products. If any question arises on this subject, the Company is at the disposal of its Customers at the following  email address: info@aresset.com.
  • 7- The ToS should be read in conjunction with additional information contained in the Frequently Asked Questions (FAQ) and/or also on the info page available on the Site.
  • 8- The Company is entitled to modify its ToS at any time and without prior notice. However, the version of the ToS enforceable to Customers remains the one made available on the Website the day the Products are ordered.
  • 9- ARESSET advises its Customers to download and keep the current ToS when taking Order(s), as the Company is not able to ensure that the ToS are kept up to date. In case of disagreement between the Company and the Customer, this document could be used as evidence to  support the Customer’s claims.

3. PURPOSE

  • 10. These Terms and Conditions are intended to govern the relationship between ARESSET and its Customers when they Order through the Website.
  • 11. Consequently, these ToS are a binding agreement between the Company and its Customers. Customers acknowledge that they have carefully read, understood and accepted them in their entireness and without any reservation before ordering Products.
  • 12. The ToS should be read in conjunction with the Terms of Use (hereinafter “ToU”) and the Privacy Policy (hereinafter the “PP”). Consequently, the Customer undertakes to read the PP and the ToU in order to ensure full and complete understanding of these ToS.
  • 13. The ToS, in the same way as the PP and the ToU consist of an incompressible contractual whole and any acceptance under certain reservations is considered null and void.

4. PRODUCTS

4.1. Products features

  • 14. The Company offers for sale and distributes manufactured jewellery items under its own brand. ARESSET is an ethical and committed brand, registered with the INPI in accordance with the legislation in force under the n° 2021B24381.
  • 15. The jewellery is imagined, designed and manufactured by ARESSET.
  • 16. The Products sold on the Website are new items. The materials used are recycled precious metals (gold and silver) or alloys of these same materials. ARESSET also uses laboratory grown diamonds and precious stones.
  • 17. ARESSET affixes a unique identification number to each Product made of a minimum of 18 carats gold and whose size allows it.

4.2. Legal guarantees related to Products

  • 18. The Products marketed on the Website are subject to various regulations relating to:
    • the authenticity of the materials used;
    • the identity of the jeweller.

4.2.1. Authenticity of the materials used

  • 19. Jewellery that is composed of more than 30 grams of silver and/or 3 grams of gold is marked with a “poinçon de garantie” affixed by, or under the supervision of, the customs authorities. The aim is to guarantee the quantity of precious metals used in the Product.
  • 20. In accordance with articles 521 and 522 of the French General Tax Code, the hallmark affixed is not the same depending on whether the work in precious metals (gold, silver) contains more or less than 375 thousandths of gold or 800 thousandths of silver.
  • 21. Jewellery made of diamonds marketed by ARESSET are marked with a unique identification number corresponding to an IGI or GIA. This certificate, issued by approved laboratories, certifies the high standard of the diamond.

4.2.2. Identity of the jeweller

  • 22- The jewels marketed by ARESSET are also marked with a “Poinçon de Maître”, an individual title for each jeweller, affixed by the manufacturer to identify the brand and the workshop that designed and crafted it. This hallmark certifies that ARESSET jewellery is designed and manufactured in France according to the techniques and requirements of a unique know-how.
  •  23- The hallmark is a rhombus shape and includes the initials of the jeweller and a symbol characterising the latter. It is officially registered by the Customs Office.

4.2.3. Guarantee certification

  • 24. A certificate of authenticity will be issued to the Customer upon receipt of the Order. This certificate certifies that the Product delivered is a genuine ARESSET Product. For Products engraved with an identification number, this number will be indicated on the certificate of authenticity.
  • 25. If the Product ordered is made of precious metals, the certificate will state the quantity of precious metals used, and correspond to the “Poinçon de Garantie” affixed to the jewellery.
  • 26. If the Product ordered is composed of a diamond of more than 0,51 carats, it will be joined a IGI or GIA certificate including all the characteristics of the stone.

5. ORDERING PROCEDURE

5.1. Conditions

  • 27. The Customer wishing to Order, certifies:
    • that the Customer is at least 18 years old and has the legal capacity to make and fulfil any Order or has a parental authorisation to make and fulfil any Order and is able to prove this at any time, upon our request;
    • That the Customer is a natural person acting in the context of personal needs.
  • 28. Natural persons or legal entities operating outside the scope of their personal needs are invited to contact ARESSET at the following address : info@aresset.com.

5.2. Ordering characteristics

  • 29. ARESSET’s eco-responsible business model is based on production on demand.
  • 30. A production period begins as of the completion of the Order. This period varies from 1 to 3 weeks (depending on the Product requested). This period does not take into account the estimated delivery times which are added to it.

5.3. Ordering steps

  • 31. The Customer can make an Order on our Website in the following way:
    • choose the size and colour of the Product;
    • click on “Add to Bag” to add the Product(s) the Customer wishes to purchase to the Bag;
    • click on “Check Out” to be redirected to our secure server. If it is the first purchase, the Customer can create an ARESSET Account. If the Customer already has an ARESSET Account, he may enter the login information to access it. For information on the terms and conditions  of the Account, the Customer may refer to the ToU;
    • the Customer will be invited to choose among the available payment methods;
    • click on the “Place an Order” button. It is the Customer’s responsibility to verify the accuracy of the Order before proceeding to this step;
    • the Customer is then invited to provide a delivery address as well as a billing address (if the two addresses are different);
    • A Confirmation Email will be sent to the Customer confirming that the Company has received the Order. This email is automatically sent to each Customer who has completed and paid an Order to inform the latter that the Order is being processed.

5.4. Order acceptance

  • 32. Following the Confirmation Email, our teams will verify that we are able to fulfil the Customer’s Order. If this is the case, a Shipment Email will be sent to the Customer. This email will be considered as an acceptance of the Order and will provide information on the estimated  shipping time

5.5. Order refusal

  •  33. In any event, non-compliance with the terms set forth in Section 5.1 shall result in the invalidity of this agreement and the automatic rejection of your Order.
  • 34. ARESSET retains the right to decline a Customer’s Order based on valid reasons, including, but not limited to:
    • the unavailability or the non-conformity of a Product;
    • a pricing error;
    • the failure of one of our suppliers;
    • a doubt or a dispute due to a previous Order.
  • 35. In such a case, our services will contact the Customers by any means in order to inform them of the refusal of their Order as soon as possible.
  • 36. Any rejected Order for which payment has already been sent to our service provider will be fully refunded.

6. PRICES

6.1. Display of prices

  • 37. The prices displayed on the Website are expressed in euros (€).
  • 38. The prices of the Products on the Website include all taxes. The VAT rate applicable to each Product may vary depending on the country in which the shipment is made.
  • 39. The prices displayed on the Site may be incorrect due to system or filling errors Website. Although we make every effort to avoid such errors, they may still exist. Orders for one or more incorrect prices cannot be fulfilled and will be cancelled. Cancellation of the Order will result in   full refund of the purchase price.

6.2. Ancillary costs

  • 40. The Company is neither liable nor responsible for any service charges applied by the Customer’s card issuer or banking service provider. The Company is also not responsible for any costs that may be incurred as a result of a delay in the shipment that is attributable solely to a lack  of authorization or authentication by the payment card issuer or by the banking service provider.

6.3. Taxes

  •  41. Customs taxes, rights and fees are not included in the final cost of the Order. These taxes are the exclusive responsibility of the Customer and depend on the country where the Products are received. The Company shall in no case be held liable for the payment of these taxes, nor be responsible for any additional costs incurred by the Customer’s choices.

6.4. Financial terms

  • 42. The only currency supported is the Euro (€).
  • 43. Payment of the Order can be made by credit card (Visa, Mastercard, American Express, Carte Bleue, Diners Club) or PayPal transaction.
  • 44. Credit card payments are received by our service provider: Stripe, a highly secure platform, certified according to the highest industry standards. The platform has regulatory approvals worldwide and complies with the highest certification standards.
  • 45. The Customer is aware that payments are processed by external service providers and that the Company has no control over the procedures, conditions or anomalies impacting the completion of the payment. The Customer is advised to consult the Terms and Conditions of our service providers (PayPal – Stripe).
  • 46. Unpaid Sales Orders cannot be processed. The Products will not be shipped until the payment account opened with the Company’s service provider has been credited with the full price. If the Order is cancelled or refused, the Customer will not be charged or, if applicable, will be refunded.

 6.5. Invoices

  • 47. The invoice will be available in the Customer’s Account on the Website. The Customer will also receive a receipt with its Products upon delivery, including, where applicable, a certificate of authenticity.

7. SHIPPING

7.1. Shipping address

  • 48. The Products ordered will be delivered to the address provided by the Customer at the time the Order is submitted. In case of doubt about the address given, the Customer can contact us at the following email address: info@aresset.com.
  • 49. The Products can be shipped to France, to any country member of the European Union and to any country outside the European Union.

7.2. Delivery times

  • 50. The estimated delivery times below are in addition to the production period detailed in Article 5.2.
  • 51. The Shipment Email provides the estimated delivery time:
    • between 2 and 4 working days for shipping in France ;
    • between 2 and 5 days for shipping within a member country of the European Union;
    • and between 3 and 6 days for shipping outside the European Union.
  • 52. ARESSET makes it a point of honour to satisfy the needs and desires of its Customers. The Company undertakes to implement all means in its power to allow the delivery of the Products within the times specified. Nevertheless, the deadlines provided above are an estimation. They do not constitute an exact delivery time. Consequently, the Company shall not be held liable for any failure to meet these delivery deadlines, particularly in the event that the Products require longer sourcing, creation, manufacturing, processing or shipping times.
  • 53. We advise the Customer to regularly check the status of the Order. The Company shall notify the Customer of any delay and inform the Customer of the new estimated delivery time. In the event that the Customer’s Order includes several Products and one of them is significantly  delayed, the Order will be split in order to deliver the available Products as quickly as possible.
  • 54. If the order is not delivered within thirty (30) days from the end of the production period detailed in Article 5.2, either party may choose to cancel the Contract. In such a case, any sums paid will be refunded to the Customer by our services.

7.3. Shipping methods

  • 55. The following delivery services are available:
    • So Colissimo ;
    • Chronopost ;
    • UPS.
  • 56. For shipments in the Paris region, the Customer can choose a shipment by Coursier Privé.

7.4. Shipping costs

  • 57. Shipping costs are added to the total price of the Order once the Customer has selected an available shipping method.
  • 58. ARESSET does not charge shipping fees for all Orders to countries within the European Union.
  • 59. Deliveries outside the European Union are free for all orders over €1000.
  • 60. The costs are the exclusive charge of the Customer if the Products are shipped to a country outside the European Union.

7.5. Title and Risk

  • 61. The transfer of ownership of the Products will take place on the date of full payment of the price. The transfer of risks will take place upon receipt of the Products.

8. GUARANTEE

8.1. Legal guarantee

  • 62. All Products benefit from the following legal guarantees:

8.1.1. “Garantie des vices cachés” (article 1641 and following of the civil code)

  • 63. This guarantee aims to protect the Customer who is the victim on the day of the sale of a defect that appeared previously but was hidden at the time of the agreement and which makes the Product improper for its use.
  • 64. The Customer has a time limit of two (2) years as from the discovery of the defect to act for restitution or reduction of the price and/or for repair.

8.1.2. “Garantie de conformité” (Article L217-3 and following of the Consumer Code)

  • 65. This guarantee protects the Customer if the Product ordered has manufacturing defects at the time of delivery.
  • 66. The time limit to act in repair or replacement of the good is two (2) years as from the delivery.

8.2. Customer’s obligations

  • 67. It is the Customer’s responsibility to check the Products upon receipt to ensure that they are free of damage, defects, anomalies, faults or manufacturing faults. If this is not the case, the Customer must inform us immediately at the following email address: info@aresset.com. We will try to find the fastest and most efficient settlement.

8.3. Others guarantees

  • 68. No other guarantee than the legal guarantees previously exposed are offered to our Customers.

9. RIGHT OF WITHDRAWAL

  • 69. In accordance with the terms of article L221-18 and following of the French Consumer Code,  the Customer may exercise the right of withdrawal. The exercise of this right implies the return of the Product in accordance with the terms and conditions set forth in Article 10 hereof, as well as the refund of the price of the Order (excluding any delivery charges borne by the Customer).
  • 70. Within fourteen (14) days since the date of receipt of the Product, the Customer must send an email to the following address: info@aresset.com. This e-mail must express the Customer’s wish to withdraw and inform the Company of the scheduled return of the Products.
  • 71. Customers must take reasonable care of the Product in their possession. This right of withdrawal does not apply to damaged, deteriorated, worn, adapted or custom-made Products, personalised or inseparable from another Product.

10. RETURN POLICY

10.1. Return procedure

  • 72. The Product must be returned, at the latest, within fourteen (14) days following the email of withdrawal or within two (2) years when the “garantie des vices cachés” or the “garantie de conformité” is invoked.
  • 73. The Product must be returned with its original packaging (including in particular the original tag and the certificate of authenticity).
  • 74. All direct and indirect costs related to the return of the Product(s) involved shall be borne exclusively by the Customer.

10.2. Refund

  • 75. When the return is based on the Customer’s right of withdrawal, the Company undertakes to reimburse the Customer within 14 days following the date of receipt of the withdrawal email, and subject to the correct receipt of the Products.
  • 76. When the return is the result of a guarantee invoked by the Customer, the Company undertakes to reimburse the Customer after receipt of the Products and observation of the damage, defects, anomalies, faults or manufacturing faults invoked in light of the guarantee.
  • 77. The refund shall be made in full, subject to the deductions that the Company is entitled to make in particular with regard to the damaging use of the Product by the Customer or the lack of care that was taken of it.
  • 78. The refund is made by the same means of payment as for the purchase or in the form of a credit note or voucher if the Customer accepts it.

11. LIABILITY

11.1. Company’s liability

  • 79. The Customer acknowledges and accepts that, apart from a defect in consent, gross negligence and defective products, the Company’s liability for all repairable damages is limited to the repair of foreseeable material damage directly attributable to a contractual breach by  ARESSET.
  • 80. However, in no event shall compensation for the above damages exceed the amount of your last Order.
  • 81. Notwithstanding to paragraph 72, the Company’s liability is otherwise excluded, in the case of, but not limited to, the damage arises from :
    • the Customer’s misjudgment of the colors, sizes and appearances of the Products based solely on reference to the photographs made available on the Site. Although the Company takes all measures to represent its works as faithfully as possible in order to avoid any confusion, the Customer is highly advised to read the Product description sheet as well as the size guide;
    • the successive or consecutive loss of order, turnover, profit, any commercial disturbance or loss of earnings;
    • any damage to the image or reputation of things or people; the fault, negligence or imprudence of the Customer directly, partially or entirely;
    • the customs or tax regulations in force regarding the import of Products marketed by the Company. It is the Customer’s responsibility to check with the local authorities the regulations applicable to the import of jewellery;
    • the technical or financial terms and conditions required by the Company’s payment service providers.

11.2. Customers’ liability

  • 82. The Customer shall indemnify the Company against any breach, exceeding the foreseeable risk and any fraudulent or bad faith use of the Products.
  • 83. The Customer agrees to indemnify, defend and hold harmless the Company from any and all claims arising out of the Order and/or use of the Products.
  • 84. Customer also agrees to indemnify and hold Company harmless from any and all liabilities, losses, damages, costs, claims and/or expenses, including, but not limited to, reasonable attorneys’ fees, that Company may incur, suffer or be required to pay as a result of such claims.
  • 85. Customer finally agrees to indemnify and hold Company harmless from any and all liability, loss, damages, costs, claims and/or expenses, including, but not limited to, reasonable attorney’s fees, that Company may incur, suffer or be required to pay as a result of the importation of the Products.

12. INTELLECTUAL PROPERTY

  • 86. The ToS do not imply the assignment or granting of any intellectual property rights relating to or pertaining to the ARESSET trademark registered in accordance with the legislation in force under the number 2021B24381.

13. FORCE MAJEURE

  • 87. Any event, beyond the control of the Parties, which cannot reasonably be foreseen and overcome, shall be considered as an event of force majeure.
  • 88. Thus, the Company shall not be held responsible for delays or non-performance of its contractual obligations resulting from the occurrence of events beyond its control, such as: compliance with mandatory regulations, weather disturbances, absence or suspension of electricity  upply, lightning or fire, decision of a competent administrative authority, war, public unrest, acts or omissions on the part of other telecommunication operators, pandemic or other events beyond the reasonable control of the Company. Any such circumstances occurring after the  conclusion of the contract and preventing the performance under normal conditions of the Service shall be considered as a cause for exemption from all or part of the obligations of the Parties. Consequently, the Company shall not be held responsible for any resulting interruptions.

14. NON-WAIVER

  • 89. The fact that the Company does not exercise, at any time, a prerogative recognized by the ToS, shall in no way be interpreted as an amendment of the ToS, nor as an express or tacit waiver of the right to exercise said prerogative in the future.

15. SEVERABILITY

  • 90. If any provision of these ToS is declared null and void by a court of law, it shall be deemed  unwritten. The other provisions will keep their force and their scope, except if they seriously unbalance the economy of these ToS.

16. GOVERNING LAW AND DISPUTES

16.1. Governing law

  • 91. In case of dispute, the formation, existence, interpretation, execution, validity and all other aspects of these ToS shall be governed by French law.

16.2. Amicable settlement

  • 92. If a dispute arises, the User is invited to proceed amicably and to make a complaint to ARESSET’s Customer service by post or by email to the addresses made available in the legal notice.
  • 93. No legal action may be brought against the Company unless one or other of the parties has proceeded amicably and unless a formal notice by registered letter with acknowledgement of receipt has been sent to the Company in the event that conciliation fails.
  • 94. The Users are aware that they may have recourse to a mediator of the European platform for online dispute resolution, available at the following link: https://webgate.ec.europa.eu/odr.

16.3. Jurisdiction

  • 95. In the absence of an amicable settlement, any dispute arising from the present ToS and occurring between the Customer and the Company will be decided by the competent jurisdiction under the conditions of the general law.

    LEGAL NOTICE

    ARESSET, simplified joint-stock company with a share capital of € 500 (five
    hundred),whose registered office is located at 65 Rue de la Roquette, 75011 Paris –
    FRANCE, registered with the Paris R.C.S. register under number 901 929 695.

    The publication Director is Mr. Vasileios Kalamidas.

    Contact : info@aresset.com

    The Website is mainly hosted by OVH