Terms of Use

1. DEFINITIONS

  • 1. In order to ensure the best understanding of the present Terms of Use, the reader is invited to take note of the following definitions :
  • Account: Refers to the personal web interface that any Client or User can create on the Website.
  • 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.
  • Customer(s): Refers to Users who have acquired or are in the process of acquiring one or more Products available on the Website.
  • ToU: Refers to these Terms of Use.
  • Website: Refers to www.aresset.com and all its related domains and sub-domains.
  • User(s): Refers to any natural or legal person accessing the Website as an User or Customer.

2. SCOPE

  • 2. www.aresset.com is a Website which is operated by ARESSET. This Website is dedicated to the sale and the distribution of manufactured and handcrafted jewellery items.
  • 3. The Website is freely accessible to any person with Internet access. Any person accessing the Website shall be considered as a User.
  • 4. These ToU shall apply by right, in their completeness and with no restriction to all Users of the Website, whether or not they are Clients of ARESSET.
  • 5. ToU 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.
  • 6. The Company is entitled to modify its ToU at any time and without prior notice. However, the version of the ToU applicable to Users remains the one made available on the Website the on the day of browsing and using the Website.
  • 7. ARESSET invites its Customers to download and keep the current ToU when browsing the Website, as the Company is not able to ensure that the ToU 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

  • 8. These ToU are intended to govern the relationship between ARESSET and its Users with regard to their browsing on the pages and their use of the Website’s features.
  • 9. Consequently, these ToU are a binding agreement between the Company and its Users. Users acknowledge that they have carefully read, understood and accepted them in their entireness and without any reservation before browsing the Website.
  • 10. The ToU should be read in conjunction with the Terms of Sale (hereinafter “ToS”) and the Privacy Policy (hereinafter the “PP”). Consequently, the Customer undertakes to read the Notice and the ToS in order to ensure full and complete understanding of these ToU.
  • 11. The ToU, in the same way as the PP and the ToS consist of an incompressible contractual whole and any acceptance under certain reservations is considered null and void.

4. BROWSING THE WEBSITE

  • 12. The Website is freely accessible to any person regardless of whether or not the User has created an Account.
  • 13. On the Website, ARESSET provides Users with all relevant information relating to the understanding, description and characteristics of the Products marketed.
  • 14. All information, details, descriptions, statistics and data, including indicators, are provided to Users for information purposes only. Nothing on the Website shall be construed as a recommendation to perform any specific action. ARESSET strives to provide access to accurate  content, but does not guarantee its completeness.
  • 15. Prior to any browsing on the Website, User shall be deemed to have read and accepted these ToU.

5. ACCOUNT

5.1. Account creation

  • 16. In order to enjoy a personalised browsing experience and to access all the features of the Website, the User is advised to create an Account.
  • 17. Any User can create an Account on the Website by:
    • providing an email address;
    • setting up a (strong) password with at least 8 characters;
    • agreeing to these ToU.
  • 18. The User is then invited to fill in personal details by providing the following information:
    • first and last name;
    • date of birth ;
    • address of residence;
    • phone number.
  • 19. Users are solely responsible for keeping their passwords secure. The User must not disclose the password to anyone, as it is strictly personal and confidential. Therefore, ARESSET cannot be held liable for the loss or theft of the User’s password and the consequences thereof.
  • 20. User undertakes to provide authentic information with regard to civil status, address and contact details.

5.2. Services provided with the Account

  • 21. Accounts are available 7 days a week, 24 hours a day, except for maintenance and updates.
  • 22. When Users order products distributed by the Company, the Account gives access to a personal space allowing:
    • to manage the purchases;
    • consult the purchase history;
    • to add, modify and remove payment methods.
  • 23. Users are fully responsible for all consequences related to the use of their Account and are deemed, unless proven otherwise, to be the authors of any instruction given as well as of any order performed, and more generally of any changes occurring to the Account.

5.3. Frozen Account

  • 24. The Company shall retain the right, at any time and in its sole discretion, to temporarily freeze an Account, including, but not limited to, the cases below:
    • the User infringes any of the provisions of these ToU;
    • the Company observes that the identification information provided by the User is untrue or incomplete;
    • the User makes the request following the loss or theft of password or in case of suspicion of fraudulent activities (in particular in case of identity theft).
  • 25. Users subject to freezing will be notified of the measure promptly and by all means. The freezing of an Account shall not result in any prejudice to the User.
  • 26. The reactivation of the Account may be subject to the transmission by the User of additional documents that may be requested. In this respect, the Company retains the right to apply penalties or to deduct the costs incurred for the reactivation of the Account.

5.4. Account deletion

  • 27. The User may at any time request to unsubscribe by email to the contact address provided in the legal notice.
  • 28. The deletion of the Account involves the irreversible deletion of the User’s data.
  • 29. The Company retains the right to suspend or delete an Account in the event of a particularly serious violation of these ToU or of any breach of the Website in any form whatsoever.
  • 30. The Company cannot be held liable, under any circumstances, for loss of data resulting from the deletion of the User’s Account.

6. USER’S LIABILITY

  • 31. User agrees to use the Website and the Account in accordance with the ToU and, if the case arises, the ToS in case of a product order.
  • 32. Each User agrees to refrain from making any illegal, fraudulent, malicious or bad faith use of the Website, in particular, if it harms their use by other Users.
  • 33. The Company may terminate or suspend a User’s Account in breach of these ToU without prior notice or compensation.

7. COMPANY’S LIABILITY

  • 34. The Company strives to provide the User with access to the Website, its Account, information, content and hypertext links that are available and verified. Nevertheless, these accesses are provided as it is and free of charge to the Users, who cannot hold the Company liable for their sole unavailability.
  • 35. In particular, the Company shall not be held liable for any direct or indirect damage resulting from:
    • a bug, computer virus or accidental malfunction of the software used;
    • a failure to retain or ensure the confidentiality of the Account login information attributable to the User;
    • a fraudulent intrusion by a third party, resulting in a breach or loss of functionality, information or features of the Website;
    • the interpretation of the information provided on the Website by the User or its misuse, misinterpretation, as well as the trust that has been granted to them;
    • inaccurate, incomplete or outdated information.
  • 36. The use of the Website and the Services is carried out exclusively at the User’s risk.
  • 37. With respect to Customer Users, reference should also be made to the ToS with respect to the Company’s liability provisions.

8. INTELLECTUAL PROPERTY

  • 38. The Website, as well as each of its elements (in particular the programs and specific developments, navigation schemes, trademarks, texts, illustrations, logos, graphics, files, corporate names, products, services, photographs, etc.) that make it up, are the sole property of the  Company or of third parties who have granted it a licence. In particular, the Website and its elements are protected by intellectual property rights.
  • 39. The Company only grants the Users a free, non-exclusive, non-transferable, non-sublicensable right to use the Website and its elements in order to display them on their screen and to access them.
  • 40. Any representation and/or reproduction, in whole or in part, and/or extraction and/or use of the Website and its elements (including databases) for purposes not provided for in this provision, without the Company’s express, prior and written authorization, is/are prohibited. By exception, the representations, reproductions, extractions and uses of the Website and its elements outside of any economic usage are authorised without the need to request an express authorization.
  • 41. The User is also aware that the restructuring, decompiling, disassembling or bypassing of technical restrictions of the Website and its elements are prohibited.

9. DATA PRIVACY

  • 42. The Company undertakes to ensure the privacy of the User’s data and personal information. To this end, it implements appropriate technical and organisational measures, in accordance with the regulations in force. The PP is available on the Website.

10. HYPERLINKS

  • 43. The Company may include on the Website computer applications and hyperlinks from third parties (e.g. the Company’s social networks). Third party websites may be subject to different terms and conditions of use and data privacy policies.
  • 44. ARESSET shall not be held liable for access to and use of third party websites, including the availability and appropriateness of the information, content and services offered therein.

11. AMENDMENT – SUSPENSION – TERMINATION OF THE WEBSITE

  • 45. The Company retains the right to amend the Website at any time.
  • 46. The Company is entitled to suspend or interrupt, at any time and for any reason, the Website.

12. PROVISIONS AUTONOMY

  • 47. If any provision of these ToU is found to be invalid by any court pursuant to any applicable statute or 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 ToU.

13. NON-WAIVER

  • 48. The fact that the Company may not exercise, at any time, a right recognized by the ToU, shall in no way be interpreted as a modification of the ToU, nor as an express or tacit waiver of the right to exercise said right in the future.

14. GOVERNING LAW AND DISPUTE RESOLUTION

14.1. Legal rules

  • 49. These ToU must be read and applied in accordance with French law.

14.2. Amicable settlement

  • 50. 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.
  • 51. No legal action may be taken against the Company without either of the parties having proceeded to an amicable procedure. A formal notice by registered letter with acknowledgement of receipt must be sent to the Company in case of failure of the conciliation.
  • 52. 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.

14.3. Jurisdiction

  • 53. For professional Users, and in the absence of an amicable settlement, any dispute arising from these ToU will be settled by the courts of the jurisdiction of the Court of Appeal of Paris.
  • 54. For the Users being consumers, the dispute 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