Terms of sale

Introduction

This website is operated by Maison Valois Varden, headquartered at 3 rue Jacques Guignard - 31820 Pibrac, France, and registered with the Toulouse Trade and Companies Register under number 981 207 327.

These general terms and conditions of sale apply to all orders placed with Maison Valois Varden for all items and services offered on the website www.valoisvarden.com.

As a result, any person ordering a product offered for sale on the Maison Valois Varden website or from a Maison Valois Varden business partner fully and unreservedly accepts these general terms and conditions of sale, which the Customer acknowledges having read prior to placing an order.

Maison Valois Varden reserves the right to modify these general terms and conditions of sale at any time. However, the General Terms and Conditions of Sale applicable to an order placed by a Customer on the Maison Valois Varden Site are those accepted by the Customer at the time of placing the order.

Article 1: Entirety

Article 1 states that these General Conditions include all mutual commitments of the parties. Consequently, the client is deemed to have accepted without reservation all the provisions set forth in these general terms and conditions of sale. Maison Valois Varden, for its part, undertakes to fulfill its role as a reseller in accordance with these conditions.

Article 2: Purpose

Article 2 aims to specify the rights and obligations of the parties involved in the online sale of products and services offered by Maison Valois Varden. It encompasses the entire process, from ordering to delivery, including payment and use of services provided by Maison Valois Varden.

Article 3: Scope

Article 3 stipulates that these General Conditions govern the sale of products at the time the customer places an order. They apply to all ordering methods offered by Maison Valois Varden.

Article 4: Orders

CAPACITY TO CONTRACT Any Client of Maison Valois Varden declares having the capacity to contract under the conditions described below, i.e., being an emancipated minor or having legal majority and not being protected within the meaning of Article 488 of the Civil Code.

Maison Valois Varden reserves the right to refuse any Order from a Client with whom there exists or appears during the processing of an Order a dispute, particularly a payment dispute.

CLIENT ACCEPTANCE OF CONDITIONS These Conditions can be read directly on the website www.valoisvarden.com. At the Client's simple request, they can also be sent by email.

Checking the box "I accept the general terms and conditions of sale" before proceeding to secure payment constitutes an irrevocable acceptance that can only be challenged in the limited cases provided for in these general terms and conditions of sale under the paragraph "right of withdrawal."

The Client acknowledges by this act having read and understood these Conditions and accepting them.

Purchasing by phone also implies acceptance of these Conditions, which the Client acknowledges having read, understood, and accepted in the aforementioned conditions.

ORDER PLACEMENT Professional Clients can place their orders with Maison Valois Varden online 24/7.

The ordering process consists of the following steps. Once the product selection is made and the cart validated, the Client must:

• Clearly identify the selected products with the color, size, etc. options shown on the website www.valoisvarden.com;
• Indicate the requested quantities;
• Identify themselves by providing all the information usually requested for online registration;
• Indicate the necessary delivery information. This particularly concerns the precise delivery address and any accessibility restrictions (building, floor, entry code, etc.);
• Indicate the chosen delivery method;
• Finally, indicate the chosen payment method.

Once the payment method is selected, the Client must proceed to payment on the secure interface, which will formalize the contract of sale that binds them to Maison Valois Varden definitively.

Any order signifies acceptance of the prices and description of the products available for sale. Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned below.

In the case of custom (personalized) orders for urns or jewelry, and/or Services, the realization time starts from the receipt of the deposit and/or the total price if applicable. Unless otherwise specifically stated in the Quote, Maison Valois Varden guarantees a manufacturing period within 6 months following the order.

In any case, the online provision of the credit card number and the final validation of the order by the Client will constitute proof of the order and exigibility of the sums for the selected products in the order. This validation is equivalent to a signature and acceptance of all operations carried out on the website www.valoisvarden.com

We reserve the right, at our sole discretion, to refuse, cancel, or terminate orders at any time for reasonable grounds. For instance, we may refuse, cancel, or terminate your order in the event of an ongoing dispute concerning the payment of a previous order or if we suspect, at our sole discretion, fraudulent activities; or any other kind of violation of these Terms of Sale.

Specifics for professional clients (B2B)

ORDER CONFIRMATION An email is automatically sent to the B2B client to confirm the order, provided that the email address indicated in the registration form does not contain an error.

The Client must verify the completeness and accuracy of the information provided to Maison Valois Varden. The latter cannot be held responsible for any input errors and their consequences in terms of delay or delivery errors. In this context, all costs incurred for reshipment will be borne by the Client.

Specifics for individual clients (B2C) An email is automatically sent to the client to confirm the order, provided that the email address indicated in the registration form does not contain an error.

The Client must verify the completeness and accuracy of the information provided to Maison Valois Varden. The latter cannot be held responsible for any input errors and their consequences in terms of delay or delivery errors. In this context, all costs incurred for reshipment will be borne by the Client.

ORDER TRACKING In both cases, the Client can contact Maison Valois Varden's customer service at conciergerie@valoisvarden.com to be informed about the status of their order. Delivery tracking is carried out in interface with the carriers' Internet tracking systems.

Maison Valois Varden cannot, therefore, be held responsible for unavailability or errors that may affect the information provided by its carriers. However, Maison Valois Varden strives to make this information as clear as possible and to ensure the best possible reliability of transport with its carriers.

PROOF OF ORDER The computerized records, stored in Maison Valois Varden's computer systems under reasonable security conditions, will be considered proof of communications, orders, and payments between the parties.

Order forms and invoices are archived on a durable medium that can be produced as proof.

Article 5: Product Information

PRODUCT CHARACTERISTICS The information, characteristics, photographs, and graphics presented on the sites or in emails sent by Maison Valois Varden are presented as accurately as possible.

Each Product sheet presents the essential characteristics of the selected Product in accordance with Article L.111-1 of the Consumer Code. This information is intended, without being exhaustive, to inform the Client as fully as possible about the essential characteristics of the Products.

The Client is informed, subject to their rights, of the possibility of a difference in presentation upon delivery resulting from packaging modifications (photographs and illustrations); this difference does not in any way affect the content and characteristics of the Product.

Considerable efforts have been made to ensure that the visual representations of Maison Valois Varden products displayed on the Platforms are representative of the original product’s color, design, etc. However, slight variations, distortions, and/or differences may appear compared to the original product.

This can be due, for example, to the settings of your browser or computer. Consequently, Maison Valois Varden and the Supplier cannot be held responsible for apparent differences between the product images displayed on the site and the original products.

 

Availability of Products

Maison Valois Varden only commits to fulfilling orders received within the limits of its piece-by-piece ordering capacities or the available stock of products. In the event of unavailability or production delays of the Product(s), Maison Valois Varden undertakes to inform the Client as soon as possible. Maison Valois Varden reserves the right to modify the product assortment based on constraints imposed by its suppliers.

Availability may vary within the same day depending on sales levels. Maison Valois Varden frequently updates product availability. If a product is unavailable, Maison Valois Varden will notify the Client by phone or email.

The unavailability of a product is indicated on the product page and in the shopping cart summary. Therefore, Products may appear with indications such as "in stock," "available to order," "request information," "out of stock," or "on order"...

If Maison Valois Varden cannot obtain a product ordered, the company will notify the client of the expected delay via email. The client can then request a refund of the amounts paid within 14 days of their payment, exchange the unavailable product for another product, or cancel the order.

No cancellation penalty will be applied for such order cancellations. No compensation for cancellation (other than a full refund of the Order) can be requested, as such unavailability results from the time required to update this information.

Maison Valois Varden cannot be held responsible for the non-fulfillment of the contract in the event of stock shortages, production defects, or product unavailability, force majeure, total or partial disruption or strike, particularly of postal services and means of transportation and/or communications, flooding, or fire.

Article 6: Prices

Prices are indicated in euros, including all taxes, and apply only at the date of order confirmation by the Client.

For custom-made jewelry, the quotation will indicate the need for a deposit. In such cases, the order will only be considered accepted upon actual receipt of the deposit. The realization and/or shipment of the jewelry can only be done upon receipt of the deposit.

Since the prices of Maison Valois Varden’s suppliers are subject to constant changes, the prices displayed on the site may be modified at any time.

Prices for certain items do not include delivery charges, gift wrapping fees, or any promotional offers and personal discounts, which are indicated before the final order validation.

However, prices cannot be changed once the Client's order is placed. Similarly, if one or more taxes or contributions, including environmental ones, are created or modified, whether increased or decreased, such changes may be reflected in the selling price of the items on www.valoisvarden.com.

The client is also responsible for verifying the import possibilities of the ordered products in light of the laws of the delivery country. We recommend contacting local Customs for more information.

Article 7: Payment

Payment Methods

The Client can pay for their order online via credit card or PayPal. The Client guarantees Maison Valois Varden that they have any necessary authorizations to use the chosen payment method at the time of order validation. The debit for purchases from the client’s account is made at the time of order processing.

Maison Valois Varden implements all necessary measures to ensure the security and confidentiality of data transmitted online. To this end, the site uses a secure SSL (Secure Socket Layer) payment method, which encrypts your banking details during transmission. You can recognize that the transmission is encrypted by the appearance of a padlock symbol in your browser.

Maison Valois Varden reserves the right to suspend any order management and delivery if the payment authorization is refused by officially accredited organizations or in case of non-payment. Maison Valois Varden particularly reserves the right to refuse to deliver or honor an order from a Client who has not fully or partially paid a previous order or with whom a payment dispute is under administration.

As part of an order verification procedure to ensure that no one uses another person's banking details without their knowledge, the Client may be asked to send a copy of an ID and proof of address via email to Maison Valois Varden. The order will only be validated after our services receive and verify the provided documents. If these documents are not received within 15 days following the order placement, the order will be deemed automatically canceled.

Invoice

The order confirmation that the Client creates online or the order confirmation sent by email by Maison Valois Varden does not constitute an invoice. The invoice is not included with the package but can be requested from the customer service at conciergerie@valoisvarden.com. Maison Valois Varden keeps an electronic copy of each invoice.

Transfer of Ownership

Maison Valois Varden remains the owner of the delivered Products until full payment by the Client. The above provisions do not prevent the transfer of risk of loss or damage to the Products subject to the reservation of ownership, as well as any damages they may cause, from the moment of delivery.

Intellectual Property

The Company’s trademarks and all other trademarks, illustrations, images, and logos appearing on the Products, their accessories, and packaging, whether registered or not, are and will remain the exclusive property of their owners.

Any total or partial reproduction, modification, or use of these trademarks, illustrations, images, and logos for any reason and on any medium without the express and prior consent of their owner is strictly prohibited.

The same applies to any combination or conjunction with any other trademark, symbol, logo, and generally any distinctive sign intended to form a composite logo. The same applies to all copyrights, designs, models, and patents owned by the Company.

All elements constituting the Online Store (including textual and graphic content, but also its structure, databases, name, graphic charter, logo, and brand) are and remain the exclusive property of the Company or its partners and may be protected by intellectual property rights.

Any exploitation (including reproduction, representation, adaptation, etc.) in whole or in part of one or more of these elements, on any medium and by any means without the prior written consent of the Company, is strictly prohibited and may lead to legal action.

Also prohibited are: – Extraction, by permanent or temporary transfer of all or a substantial part of the content of its database to another medium, by any means and in any form; – Reuse, by making all or a substantial part of the content of its database available to the public, in any form; – Repeated and systematic extraction or reuse of non-substantial parts of the content of its database when these operations clearly exceed normal database usage conditions.

The only right granted by these General Terms and Conditions is the simple use of the Online Store to purchase Products.

Right of Withdrawal

Right of Withdrawal for Consumers in the EEA: Applicable Only to the European Economic Area (EEA)

If you are a consumer and a resident of a European Union member state or Iceland, Liechtenstein, or Norway ("EEA"), you have a "right of withdrawal" allowing you to cancel your Order subject to the provisions outlined below. This right is not affected by any separate return policy within these Terms.

The withdrawal period expires 14 days from the day of delivery.

To exercise your right of withdrawal, you must inform Maison Valois Varden's customer service of your decision to cancel your Order by sending a clear statement via the portal accessible at conciergerie@valoisvarden.com. To respect the withdrawal period, you only need to send your message announcing the exercise of your right of withdrawal before the expiration of said period.

There is NO right to cancel Orders for:

• Goods made to your specifications or clearly personalized; and
• Goods likely to deteriorate or expire rapidly.

You lose the right to cancel Orders:

• For the supply of sealed goods that cannot be returned due to the removal of the security label; and
• If the product does not meet Maison Valois Varden's Quality Control standards.

The Merchandise must be returned in accordance with the conditions set out in MVV's Quality Control standards:

• In new and unused condition, without any alteration (raw materials and stones);
• In perfect condition, with all security labels and stickers attached, in the original box and delivery packaging, including all accessories, certificate of authenticity, and original documents.

All returns will be subject to strict Quality Control by MVV to ensure that returned products meet these requirements. If the products do not meet quality control standards, the return will be refused, and the products will be sent back to you. If the returned product meets the quality control standards, we will proceed with the applicable refund.

If you have the right to withdraw, the following instructions apply: If your withdrawal is properly made, respecting the quality control outlined, we will refund all payments received from you, excluding delivery costs.

We will refund you within 14 days from the date of receipt of your withdrawal, but we may delay the refund if we have not received the Merchandise and/or if we cannot perform all security and fraud checks.

We will make the refund using the same payment method that you used for the initial transaction unless expressly agreed otherwise. In any case, you will not incur any fees due to the refund.

You must return the Merchandise, or deliver it to the following address: Maison Valois Varden, Parc de l'Escalette, 3 Rue Jacques Guignard, 31820 Pibrac, when you have submitted your request. You must act without undue delay and, in any case, within 14 days from the day you notify us of your contract cancellation. The deadline is met if you return the Merchandise before the 14 days have elapsed.

Any return of products that does not comply with the procedures may be rejected.

 

Article 8: Delivery

DELIVERY AREAS The geographical delivery area for the Maison Valois Varden boutique’s offer is both national and international. The Customer can contact Maison Valois Varden’s customer service for more information on delivery conditions to a specific country worldwide.

Orders destined for countries outside the European Union are not subject to French VAT. However, they are subject to any potential taxes and customs fees of the destination country. These costs and related formalities are the responsibility of the customer/recipient and must be paid directly to the carrier upon delivery.

The customer is also responsible for verifying the importation possibilities of the ordered products with respect to the laws of the delivery country. We recommend contacting the Customs Service for more information.

DELIVERY SERVICES Products are delivered to the address specified by the Customer on the order form. The Customer must verify the completeness and accuracy of the information provided to Maison Valois Varden. The latter cannot be held responsible for any errors in entry and the resulting consequences in terms of delays or delivery mistakes. In this context, all costs incurred for reshipping the order will be entirely at the Customer's expense.

Maison Valois Varden cannot be held responsible for delays in delivery due to errors or disruptions attributable to carriers (including, but not limited to, total or partial strikes, particularly of postal services and means of transport and/or communications).

SHIPPING TIMES Orders placed online via the website www.valoisvarden.com are processed daily from Monday to Friday, except on public holidays. Upon receiving the shipping confirmation email, the Customer can take into account the manufacturing times indicated on the product page depending on the item and the shipping times announced by the carriers. The waiting period for custom orders may extend up to 6 months from the day of the order.

Maison Valois Varden informs its Customers that these shipping times do not include Saturdays, Sundays, and public holidays.

In the case of an order containing one or more unavailable products as well as one or more available products, Maison Valois Varden will ship the order only upon receiving all the products that make up the order. An email is automatically sent to the Customer at the time of shipping the Products, provided that the email address provided in the registration form is correct.

TRANSPORT TIMES Transport times depend on the type of order, the manufacturing time indicated on the product page or quote, the carrier chosen by the Customer, and the delivery location.

Maison Valois Varden provides Customers with indicative delivery times as announced by the chosen carrier. Shipping costs are calculated based on the delivery country at the time of the basket and are confirmed definitively based on the chosen mode of transport and delivery destination, before finalizing the order. Maison Valois Varden informs its Customers that the announced times do not include Saturdays, Sundays, and public holidays.

PACKAGING Products are packaged in accordance with prevailing transport standards to ensure optimal protection during delivery. The Customer is required to adhere to these same standards when returning a product, whether for after-sales service or for convenience.

In the case of a product return, if the product is found to be damaged due to inadequate packaging, Maison Valois Varden may decide to partially refund the product or refuse to refund it if it cannot be resold in its current condition.

CUSTOMER RESPONSIBILITY FOR CHECKING PACKAGES UPON RECEIPT Maison Valois Varden reminds the Customer that it is their responsibility to inspect their packages upon receipt in the presence of the delivery person and to immediately notify the carrier and the concierge service – Customer Service of any discrepancies (damage, damaged package, delivery date not complying with normal delivery times).

If such remarks are not made on the delivery slip presented by the carrier, no claim related to the state of the package(s) can be accepted later by Maison Valois Varden.

DELIVERY DELAYS RELATED TO CARRIERS In case of a delay in delivery compared to the times announced by the carriers, the Customer should first contact the carrier to check if the package is in holding. If necessary, the Customer can contact Maison Valois Varden’s Customer Service via email at conciergerie@valoisvarden.com to open a dispute or investigation file to locate the package.

Packages can sometimes be lost by carriers. Carriers’ deadlines require the Customer to report the loss within 10 days of receiving the shipping notice from Maison Valois Varden. Under these conditions, Maison Valois Varden will handle the necessary claims with the concerned carrier. After the claim and investigation have been initiated, it may take 3 to 4 weeks to receive a response from the carrier.

If the package is found, it will be immediately redirected to the Customer’s home. If the package is not found, the Customer may then request the reshipment of the same product (if available) at Maison Valois Varden’s expense, or a refund of the amount paid, depending on the situation. If the ordered products are no longer available at that time, Maison Valois Varden will refund the amount of the products affected by the carrier's loss.

DAMAGED PACKAGES The Customer must inspect the condition of the package in front of the carrier and make any necessary reservations on the delivery slip in case of partial or total damage. In the absence of reservations, the product is deemed accepted by the Customer and cannot be contested regarding its delivery.

The Customer must inform Maison Valois Varden by email as soon as possible so that Maison Valois Varden can take the necessary measures promptly.

LIABILITY AND FORCE MAJEURE

1. The Company’s total liability in connection with an order is limited to the price you paid for that order. The Company cannot be held liable for indirect or consequential damages.

It is also not liable for damages resulting from (a) improper use or handling of the Product, (b) use and/or installation of the Product in combination with devices/products for which the Product was not designed, or (c) improper installation of the Product. Please note that non-compliant use, installation, or maintenance of the Product may result in personal injury and/or property damage.

1. The liability limitations stated in Article 8.1 do not apply in cases of gross negligence or intentional wrongdoing, and the Company does not limit its liability for personal injury caused by negligence in any way. Furthermore, no provision of the General Terms and Conditions can limit consumer rights under mandatory legal provisions.

2. The Company cannot be held liable for any defect or damage or injury directly or indirectly resulting from improper use of the Product and/or any act and/or negligence and/or lack of proper maintenance of the Product by the Customer or any associated person.

3. The Company cannot be held liable if non-performance or improper performance of its obligations is due to an event beyond its control. Such events include fires, floods, pandemics, storms, explosions, wars (declared or not), terrorist attacks or threats, labor conflicts, actions/decisions by government, local authorities, or any other competent authority, etc., generally recognized force majeure cases under French law. If the impediment is temporary, the performance of the obligation is suspended unless the resulting delay justifies contract termination. If the impediment is permanent, the contract is terminated by operation of law, and the parties are released from their obligations under the conditions provided by Articles 1351 and 1351-1 of the Civil Code.

4. The General Terms and Conditions are governed by French law, excluding the United Nations Convention on Contracts for the International Sale of Goods.

5. Notwithstanding Article 14.1, if you are a consumer, the General Terms and Conditions are subject to the law of your place of residence, excluding conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods.

6. Any dispute or claim concerning the interpretation or execution of the General Terms and Conditions or related in any way to them must be submitted to the competent courts of the Paris Court of Appeal jurisdiction.

7. Notwithstanding Article 14.3, if you are a consumer, you may bring the dispute to either one of the territorially competent courts under the civil procedure code, or the court of the place where you resided at the time of the conclusion of the contract, or the court of the place where the harmful event occurred.

8. In the event of a claim that has not been resolved amicably, you can submit the dispute related to the order or these General Terms and Conditions to the consumer mediator at the following address:

   • FEVAD E-commerce Mediator
   • 60 rue la Boétie – 75008 Paris
   • or online: https://www.mediateurfevad.fr/index.php/espace-consommateur-2/#formulaire-conso

The parties to the contract remain free to accept or refuse mediation and, in the event of mediation, to accept or refuse the solution proposed by the mediator.

Reminder of Current Legislation

Article L.217-3 of the Consumer Code: The seller delivers a product that conforms to the contract and the criteria outlined in Article L. 217-5. They are responsible for defects in conformity existing at the time of delivery as defined in Article L. 216-1, which appear within two years from that time. In the case of a contract for the sale of a product with digital elements:

1. When the contract provides for the continuous supply of digital content or a digital service for a duration of two years or less, or when the contract does not determine the duration of supply, the seller is responsible for defects in conformity of this digital content or digital service that appear within two years from the delivery of the product;
2. When the contract provides for the continuous supply of digital content or a digital service for more than two years, the seller is responsible for any defects in conformity of this digital content or digital service appearing during the period