Delivery, returns and refunds

Translation provided for information only: the French version alone is legally binding.

Article 1: Purpose

La joaillerie maupas-sehikyan (the "Seller") sells jewellery (the "Products") and jewellery-related services on its website www.maupas-sehikyan.com to users of the website (the "Customer").

The Customer is a natural person who is of full age, or who holds parental authorisation, and who has the legal capacity to honour any order placed on the website for personal purposes.

Any service provided by maupas-sehikyan therefore implies the Customer's unreserved acceptance of these general terms and conditions of sale. The Customer is required to read them before placing any order.

Maupas-sehikyan reserves the right to amend these general terms and conditions of sale at any time by publishing a new version on the website. The applicable general terms and conditions of sale are those in force on the date the order is placed.

The purpose of these general terms and conditions of sale is to define the rights and obligations of the parties arising from the online sale of the Products offered on the website. They govern the steps required for the performance of an order between the parties.

Article 2: Identification

Maupas-Sehikyan is a limited liability company (société à responsabilité limitée), registered with the Trade and Companies Register (Registre du Commerce et des Sociétés) of Loire-Atlantique under no. 84502025400023, whose registered office is located at 36 rue du général de gaulle 44230 saint sebastien sur loire France (boutique and workshop).

Customer service: atelier.maupas.sehikyan@gmail.com

Article 3: Products and services

All Products appearing on the website on the day of the order may be sold to the Customer. The Customer may personalise any of the Products on the website (engraving, modification, adaptation), subject to feasibility, to be discussed beforehand by email to atelier.maupas.sehikyan@gmail.com, by telephone or in person.

Photographs and other reproductions of the items are provided for illustrative purposes only and are not contractually binding. The Customer is required to consult the characteristics of each Product to learn its details. As the jewellery is handcrafted and each piece is unique, the characteristics shown on the website may differ slightly when the Product is finished. However, the value of the piece will not be affected. The details of the characteristics of the finished Product will be set out on the invoice given to the Customer.

The Products sold by Maupas-Sehikyan are pieces in 18-carat gold (750/1000) guaranteed by the State hallmark, except for items weighing less than 3 grams. The diamonds offered are of the quality stated in the characteristics of each Product, but may be of a higher or lower quality at the Customer's request, in which case the price will be quoted to them. Diamonds above 0.5 carat are supplied with a gemmological certificate from an accredited laboratory. The details of the characteristics of diamonds below 0.5 carat are set out on the invoice.

Any Product ordered may be accompanied by a certificate of authenticity attesting to its value.

The services offered are:

• The special order: personalising a piece of jewellery from the product catalogue.
• The setting of stones in one of our mountings: this service is carried out in our boutique and workshop by appointment.
• The creation of a piece of jewellery from scratch, subject to feasibility.

The making of a piece of jewellery begins once the following three steps have been completed:

• Discussion between the Customer and the Seller on the feasibility of the request,
• A quotation sent by the Seller and approved by the Customer by email,
• Payment of 50% of the order amount by cheque or bank transfer. Payment in cash is also possible, but only at the boutique and workshop and within the authorised limit (1,000 euros where the debtor is resident in France, Decree no. 2015-741 of 24 June 2015).

Article 4: Prices and payment

4.1 Prices

The prices displayed on the website are given in euros, inclusive of all French taxes, excluding delivery costs.

The Seller reserves the right to change its prices at any time and without notice. Products already ordered on the website will be invoiced at the prices shown at the time the order was registered.

The amount of the shipping costs, according to the method of dispatch, will be displayed automatically on the website before you confirm your order. There are no delivery costs where the order is collected from the boutique and workshop.

An invoice setting out the details of the order and the characteristics of the Products is sent to the Customer when the order is received. The invoice may also be sent by email.

Despite our best efforts, we cannot rule out any display error, in particular concerning prices or the characteristics of a Product. Such errors may be of various kinds: manual error, technical error or computer problem. If we find such a problem, la joaillerie maupas-sehikyan will inform the Customer as soon as possible and will cancel the order and refund any sum paid. Where the Customer does not wish to cancel the order, instructions will be provided so that the new order can be finalised.

4.2 Online payment

All orders are payable in euros.

The Customer's orders may be paid for:

• By bank card (CB, Visa and MasterCard)
• By bank transfer: our bank details will be sent to you by email so that you can make the transfer. To do so, click on "offline payment".
• By cheque: the payee name and the postal address will be provided as soon as the order is confirmed. To do so, click on "offline payment".

Payments made by bank card on the website are secured by an SSL system (SSL Secure Shopping). The bank details entered by the buyer are encrypted through this system and are not stored by the Seller.

Whatever the method of payment, the date on which the order is registered is the date on which the funds are received in the account of maupas-sehikyan. The items ordered remain the property of the Seller until the full price has been received from the banking institution. Please note that payment by cheque or bank transfer may take up to 7 days before the funds are received.

The Seller reserves the right to refuse an order if a payment is declined by the banking institution, whatever the buyer's method of payment.

4.3 Payment for a special order

Special orders (personalisation, transformation or creation from scratch) are paid for offline once the Customer has approved the quotation. They may be paid by bank transfer, by cheque or in cash (within the authorised limit). The order is taken into account once the Seller has received a deposit of 50% of the price.

Please note that, since 1 September 2015, the amount of a cash payment may not exceed 1,000 euros where the debtor is resident in France (Decree no. 2015-741 of 24 June 2015) and 10,000 euros for non-residents.

Article 5: Orders

5.1 Placing an order

The Customer may place an order:

a) Directly on the website from the product catalogue,

b) By sending an email to atelier.maupas.sehikyan@gmail.com, in particular for special orders,

c) During an appointment at the boutique and workshop.

The procedure is set out in detail below:

a) Directly on the website:

• The customer adds the item(s) to their basket by clicking "Add to basket". The customer may be asked to choose options such as size or type of gold (white, yellow or rose).
• Once the customer has finalised their selection, they may proceed by clicking "Checkout".
• To validate the order, a delivery address must be provided. You will be asked for details such as your surname, first name, postal address, telephone number and e-mail address. Providing the personal information collected in the course of distance selling is mandatory, as it is required to process and deliver orders and to issue invoices. This information is kept strictly confidential.
• The customer is then asked to choose a delivery method: either Colissimo delivery to the customer's address, or collection from the boutique-workshop by appointment, free of charge.
• The order is completed by payment for the product, either online (bank card) or offline (by cheque or bank transfer). See Article 4.2.

b) By e-mail to customer service:

• Any special order is handled by an exchange of e-mails at atelier.maupas-sehikyan@gmail.com, by telephone, or directly in the boutique-workshop between the seller and the customer.
• Once the request has been identified, the seller undertakes to send the customer a quotation by e-mail within 48 hours, setting out the detailed characteristics of the product and attaching the General Terms and Conditions of Sale ("GTCS").
• Having read the quotation, which serves as the sales contract, and the GTCS, the customer may accept the proposal by sending a simple confirmation e-mail to atelier.maupas-sehikyan@gmail.com. This step confirms acceptance of the quotation and of the GTCS.
• A deposit of 50% must be paid when the customer accepts the quotation (by bank transfer or cheque). The date on which the order is recorded is the date on which the funds are received in the Maupas-Sehikyan account.

c) During an appointment at our boutique-workshop:

• This appointment allows the seller and the customer to meet in person to discuss the feasibility of a special order.
• Once the request has been identified, the steps for validating the order are the same as those set out under "By e-mail to customer service" above.
• Please note that the 50% deposit may be paid in cash, up to the legal limit of 1,000 euros where the payer is resident in France (Decree no. 2015-741 of 24 June 2015) and 10,000 euros for non-residents.

5.2 Receipt of the order

Following payment, the seller undertakes to send an acknowledgement of receipt by e-mail to the address given by the customer. The order confirmation sets out the dispatch arrangements and lead time for the items.

For security reasons, and given the value of the products, maupas-sehikyan reserves the right to refuse payments, without incurring any liability, and to cancel any order where there is doubt as to its legitimacy (suspicious address, customer who cannot be reached, previous dispute).

Article 6: Lead times, delivery and collection of products

Maupas-Sehikyan will keep the customer informed by e-mail of the progress of the order, from making to dispatch.

As our products are made by us in our own workshop, the production time for our products is between 1 and 6 weeks at most. The exact lead time will be communicated to the customer when the seller sends the acknowledgement of receipt by e-mail. Should any delay in production or delivery arise, we undertake to inform you as soon as possible.

The customer may choose:

1. home delivery to the delivery address given by the customer, carried out by Colissimo, with the delivery charge shown when the order is validated. The parcel is handed over in person against signature. For security reasons, no visible reference to the brand or the product will appear on the parcel.

2. collection of the order from the boutique-workshop, free of charge and by appointment, once the seller has confirmed that the order is ready.

On receiving the order or collecting it from the boutique-workshop, the customer must check that the products are as ordered. If the customer finds that the products do not match the order, they must inform the seller as soon as possible so that the items can be returned. In the case of collection from the boutique-workshop, the customer must report any non-conformity immediately.

Where the products are indeed non-conforming, the seller undertakes to send the products corresponding to the customer's original order and to bear the shipping costs once the non-conforming order has been returned by the customer.

Article 7: Returns

The following cases of return apply:

7.1 Final return

In accordance with the consumer law provisions in force, the customer has a period of 14 (fourteen) days from the date of receipt of the product in which to exercise their right of withdrawal, without having to give any reason and without incurring any penalty.

The customer must notify the seller's customer service of their wish to withdraw by e-mail to atelier.maupas-sehikyan@gmail.com.

After notifying the seller of their right of withdrawal, the customer has 14 days in which to return the products. Products may be returned either free of charge by Colissimo or directly to the boutique-workshop. After this period, the seller reserves the right to retain the sums paid by the customer and to send back the product received once the return period has expired.

Any product must be returned in its original case, together with the invoice and the certificate of authenticity, and must never have been worn. Where returned products have been worn, bear scratches, are damaged, altered or incomplete, they cannot be accepted, and the seller reserves the right to withhold the refund and to send the product back to the customer.

Please note that the "satisfied or refunded" guarantee offered on the website runs for 15 (fifteen) days from receipt of the order, which is 1 (one) day longer than the right of withdrawal described above.

Refunds will only be made once the returned products have been received and provided they show no defect. We will acknowledge receipt of the products and confirm their condition, and will then refund the customer using the same method of payment as for the purchase.

However, under Article L221-28 of the French Consumer Code, the right of withdrawal, like any request for a refund, cannot be exercised where the product has been made to measure specifically for the customer at their request (special order, personalisation, engraving, prior resizing). Likewise, mounts purchased for which the customer's own stones have been set by us cannot be exchanged or refunded once the setting has been carried out.

7.2 Exchange

The customer also has 15 (fifteen) days after receipt of the products ordered, or after collection from the boutique-workshop, in which to exchange any item for another piece of jewellery. In the event of an exchange, if the price is higher than that of the original order, the customer must pay the difference using their preferred method of payment.

Where the price is lower than that of the original order, the seller undertakes to refund the difference.

The customer must notify the seller's customer service of the exchange request by e-mail to atelier.maupas.sehikyan@gmail. before returning the products. The customer has 14 days in which to return the products. After this period, the seller reserves the right to refuse the exchange and may consider that the 15-day "satisfied or refunded" period has expired.

The exchange will only be made once the products originally ordered have been received.

Any special order made to measure that has already been resized cannot be exchanged. Likewise, mounts purchased for which the customer's own stones have been set by us cannot be exchanged once the setting has been carried out.

7.3 Resizing

The Customer has 15 (fifteen) days from receipt of the order to notify atelier.maupas.sehikyan@gmail.com by email of any resizing request. The Customer must then return the product in its original packaging or bring it directly to the boutique-workshop.

On receipt of the product, an email will be sent to the Customer to confirm, following assessment, whether resizing is feasible. Where resizing is not possible without risk of damaging or altering the product, the product will be exchanged.

Please note that any request for resizing rules out a refund, and the right of withdrawal no longer applies.

Article 8: Guarantees

8.1 Guarantee of conformity, defects and latent defects

All products from the jewellery house maupas-sehikyan benefit from the legal guarantee of conformity provided for by Articles L. 211-4 to L. 211-13 of the French Consumer Code, as well as from the guarantee against defects and latent defects provided for by Articles 1641 to 1649 of the French Civil Code, the texts of which are quoted after this paragraph.

The guarantee against latent defects applies where the defect:

• is a latent defect, not apparent at the time of purchase,
• renders the item unfit for its intended use or greatly diminishes its use,
• existed at the time of purchase.

The consumer may not rely on the guarantee of conformity under L. 211-8 in three cases:

• where they were aware of the defect when entering into the contract
• where they could not have been unaware of the defect when entering into the contract
• where the defect results from materials they supplied themselves.

The guarantee against defects and latent defects cannot apply if the defect relied upon by the Customer results from:

• abnormal or improper use
• a modification or an attempted repair
• normal wear or ageing
• an accidental event or, more generally, an external cause

Extract from Articles L. 211-4 to L. 211-13 of the French Consumer Code

"Art. L. 211-4. - The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.

The seller is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation, where installation was made the seller's responsibility under the contract or was carried out under the seller's responsibility."

"Art. L. 211-5. - To conform to the contract, the goods must:

1° Be fit for the purposes for which goods of the same type are normally used and, where applicable:

- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;

- display the qualities that a buyer may legitimately expect in light of the public statements made by the seller, by the producer or by their representative, in particular in advertising or labelling;

2° Or display the characteristics defined by mutual agreement between the parties, or be fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the seller."

"Art. L. 211-6. - The seller is not bound by the public statements of the producer or their representative if it is established that the seller was unaware of them and could not legitimately have been aware of them."

"Art. L. 211-7. - Any lack of conformity that appears within six months of delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise. The seller may rebut this presumption if it is incompatible with the nature of the goods or the lack of conformity relied upon."

"Art. L. 211-8. - The buyer is entitled to require that the goods conform to the contract. The buyer may not, however, dispute conformity by relying on a defect that they knew of or could not have been unaware of when entering into the contract. The same applies where the defect originates in materials supplied by the buyer."

"Art. L. 211-9. - In the event of a lack of conformity, the buyer may choose between repair and replacement of the goods. However, the seller may decline to proceed in accordance with the buyer's choice if that choice entails a cost that is manifestly disproportionate compared with the other option, taking into account the value of the goods or the seriousness of the defect. The seller is then required, unless impossible, to proceed in accordance with the option not chosen by the buyer."

"Art. L. 211-10. - If repair and replacement of the goods are impossible, the buyer may return the goods and obtain a refund of the price, or keep the goods and obtain a refund of part of the price. The same option is open to the buyer:

1° If the solution requested, proposed or agreed pursuant to Article L. 211-9 cannot be implemented within one month of the buyer's claim;

2° Or if that solution cannot be implemented without major inconvenience to the buyer, taking into account the nature of the goods and the use the buyer intends. Termination of the sale may not, however, be ordered if the lack of conformity is minor."

"Art. L. 211-11. - The provisions of Articles L. 211-9 and L. 211-10 are applied at no cost to the buyer. These same provisions do not preclude the award of damages."

"Art. L. 211-12. - Any action arising from a lack of conformity is subject to a limitation period of two years from delivery of the goods."

"Art. L. 211-13. - The provisions of this section do not deprive the buyer of the right to bring an action for redhibitory defects as provided for by Articles 1641 to 1649 of the Civil Code, or any other contractual or non-contractual action recognised by law."

Extract from Articles 1641 to 1648 of the French Civil Code.

Article 1641

"The seller is bound by a guarantee in respect of the latent defects of the thing sold which render it unfit for its intended use, or which so diminish that use that the buyer would not have acquired it, or would have paid a lower price for it, had they known of them."

Article 1642

"The seller is not liable for apparent defects of which the buyer was able to satisfy themselves."

Article 1643

"The seller is liable for latent defects even if they were unaware of them, unless, in that case, they stipulated that they would be bound by no guarantee."

Article 1644

"In the cases covered by Articles 1641 to 1643, the buyer may choose between returning the thing and obtaining a refund of the price, or keeping the thing and obtaining a refund of part of the price."

Article 1645

"If the seller knew of the defects in the thing, they are liable, in addition to refunding the price received, for all damages owed to the buyer."

Article 1646

"If the seller was unaware of the defects in the thing, they are liable only for refunding the price and reimbursing the buyer for the costs incurred by the sale."

Article 1647

"If the defective thing has perished as a result of its poor quality, the loss falls on the seller, who is liable to the buyer for refunding the price and for the other compensation set out in the two preceding articles. However, a loss arising from an unforeseeable event falls on the buyer."

Article 1648

"An action for redhibitory defects must be brought by the buyer within two years of discovering the defect."

8.2 Guarantee in the event of breakage

Where a product is scratched, broken or has suffered an incident that is not the consequence of defects or latent defects, the Seller may offer to repair the product, subject to the Customer's approval of a quotation directly at the boutique-workshop.

Article 9: Protection of personal data

The Seller collects personal data relating to its customers when recording orders placed via the website www.maupas-sehikyan.com.

In accordance with the French Data Protection Act (Loi Informatique et Libertés) of 6 January 1978, you have the rights of inquiry, access, modification, objection and rectification in respect of your personal data. By accepting these general terms and conditions of sale, you consent to our collecting and using this data for the performance of this contract. By entering their email address on our website, the Customer may receive emails containing information, news and current promotional offers.

Article 10: Intellectual property rights

All the elements making up the website www.maupas-sehikyan.com (designs, texts, photographs, illustrations, etc.) are the exclusive property of the seller. Any reproduction of all or part of the website and its components (logos, trademarks, images, graphics, designs and models, photographs, videos, texts, comments, etc.) other than for strictly private use is prohibited without the express, prior written authorisation of the seller, who may make such authorisation subject to financial consideration. Any breach of this prohibition constitutes infringement and is punishable under the protective provisions on intellectual property set out in the laws and regulations applicable under French law.

Article 11: Force majeure

The performance of the seller's obligations under these terms is suspended in the event of an unforeseeable event or force majeure that would prevent such performance. The seller will notify the customer of the occurrence of any such event as soon as possible.

Article 12: Governing law

All the provisions set out in these general terms and conditions of sale, as well as all purchase and sale transactions to which they refer, shall be governed by French law.