Conditions of Sales
GENERAL TERMS AND CONDITIONS OF SALE Version of November 15, 2023
HEAVENLY SA, a simplified joint-stock company with a capital of 100,000 CHF, headquartered at Rue Fritz-Courvoisier 40, 2300 La Chaux-de-Fonds, registered in the NE Trade Registry under CHE-369.600.252, VAT number: CHE-360.600.252 (hereinafter “HEAVENLY”), designs and markets jewelry items (hereinafter the “Products”) through its website accessible at “www.maisonheavenly.com” (hereinafter the “Site”). The Products marketed on the Site are intended to be delivered only in the following countries: France, Switzerland, Luxembourg (hereinafter the “Delivery Location”).
ARTICLE 1: SCOPE
The conditions set out below (referred to as “Terms of Sale”) govern all product transactions made through our website (the “Site”) with our private individual customers who act solely as consumers (hereinafter referred to as “Client(s)”).
Each purchase of products made on the Site implies the Client’s full adherence to these Terms of Sale.
To confirm this acceptance, the Client must tick a box during their order (here referred to as “the Order”), thereby attesting that they have read and accepted the Terms of Sale without any reservations. This acceptance is valid without the need for a handwritten signature from the Client.
It is possible for anyone browsing the Site to save and print these Terms of Sale via computer recording.
HEAVENLY reserves the right to modify these Terms of Sale at any time. However, the Terms of Sale that apply to any Order are those that the Client accepted at the time of placing the Order.
ARTICLE 2: INFORMATION ON ITEMS
All information concerning the Products available for sale on the Site, including their specific references, are clearly listed on the Site. Details such as the weight of precious metals and the number of stones and carats are provided for information purposes only and may vary slightly.
Although HEAVENLY makes every effort to faithfully represent its Products on the Site, it is not possible to guarantee a perfect match between the image seen on screen and the actual appearance of the product, particularly due to the technical limitations of computer equipment in terms of color rendering. HEAVENLY cannot be held responsible for minor discrepancies that may result from these differences.
HEAVENLY reserves the right to modify the selection of Products available on its Site at any time, without affecting Orders already placed by the Client.
Only items with the “Add to Cart” option are available for sale on the Site.
For any questions regarding the Products, their use, or for any additional information or advice, the Client can contact the HEAVENLY team via customer service, whose contact details are available in the “Contact” section of the Site.
ARTICLE 3: ORDERING PROCEDURE
The Client has the opportunity to select the Products they wish to purchase from those offered for sale on the Site, as well as their quantity.
For each selected Product, the Client can add it to their cart by clicking on the “Add to Cart” button on the Product page. For rings, the Client must choose the size before adding them to the cart. It is important to note that the cart itself does not represent an order binding HEAVENLY.
Once the selection of Products is complete, the Client must validate the contents of their cart and proceed with the order. Summary pages then detail the selected Products, their price, delivery terms, and the payment method for the Client to choose.
3.1 Client Identification
To place an Order on the Site, a customer account is required. If the Client already has an account, they must log in with their email address and password.
Otherwise, the Client will be invited to create an account by providing personal information, a valid email address, and a password. After the account registration, the Client will receive an email allowing access to their account. Client usernames and passwords are personal and confidential. Thus, each Client commits to keeping them secure and not disclosing them.
In the event of loss, theft, or fraudulent use of their account, Clients must immediately inform HEAVENLY. Furthermore, if HEAVENLY suspects an account breach, it reserves the right to immediately close the account and inform the Client by email or phone.
Any change in the information provided by the Client at the time of account creation must be updated directly on the Site.
HEAVENLY reserves the right to modify at any time the information required to place a new Order or for the creation and registration of customer accounts. These changes will be communicated on the Site.
3.2 Finalization of the Order by the Client
Before finalizing their Order, the Client must perform a preliminary check.
They have the opportunity to review the summary of their Order, including the total cost, delivery terms, and correct any errors before confirming their acceptance. It is important to note that confirming an Order implies a commitment to pay. To complete the process, the Client must click on “Proceed to Payment”.
3.3 Confirmation of the Order by HEAVENLY
Once the Order is validated by the Client, HEAVENLY immediately sends an acknowledgment email to the Client.
The Order is considered definitively confirmed by HEAVENLY only after the Client’s payment confirmation. HEAVENLY then sends an email confirmation of the Order to the Client, including the Order number, total amount, delivery details, main characteristics of the Products, quantity, price, T&Cs, and the invoice.
This confirmation constitutes the formal acceptance of the Order by HEAVENLY, marking the formation of a binding sales contract between HEAVENLY and the Client.
Emails and automatic Site records are considered valid proof of transactions between HEAVENLY and the Client. It is advised for the Client to save this Order confirmation on digital or paper support.
HEAVENLY sends confirmation emails to the address provided by the Client. If not received, it is recommended to check the spam folders. HEAVENLY is not responsible in case of email entry error or non-receipt of the confirmation message. The sale is nevertheless considered as final, except in case of cancellation by HEAVENLY for reasons such as unavailability of Products, payment default, or suspicion of fraud. The Client has the right to retract according to the terms of article 8 of the T&Cs.
3.4 Availability of Items
The items offered by HEAVENLY are those present on the Site at the time of the Client’s visit, subject to their availability in stock. HEAVENLY may withdraw items from sale at any time. If one or more items are not available after the confirmation of the order, the Client will be notified by email of this unavailability and the partial or total cancellation of their order.
In case of complete cancellation of the order, HEAVENLY’s customer service will contact the Client to inform them and proceed with the refund of the total amount of the order. This refund will be made as soon as possible, no later than fourteen (14) days following the cancellation.
If the order is partially canceled:
- The order will be considered validated and the Client’s account will be debited for the total amount.
- The Client will receive the available items. The customer service will inform the Client of the unavailable items and proceed with the corresponding refund, which will be made as soon as possible, no later than 14 days following the shipment of the available items.
3.5 Refusal of Orders
It is important to remember that purchases on the Site are intended for non-professional Clients for personal use or as gifts. In accordance with Article L121-11 of the Consumer Code, HEAVENLY reserves the right to refuse or cancel any order deemed abnormal or exceeding the limit of five (5) items per order.
Furthermore, HEAVENLY may suspend or cancel any order and/or delivery, regardless of its stage of progress, in case of total or partial non-payment of any sum due by the Client, payment incident, or in case of fraud or attempted fraud related to the use of the Site, including for previous orders.
ARTICLE 4: PRICING OF ITEMS
The prices of the items presented on the Site are available in Euros for France and Luxembourg and in Swiss Francs, including all taxes.
Unless otherwise specified at the time of ordering on the Site, these prices do not include shipping costs, which are added to the price of the purchased items. The delivery charges will be specified before the Client finalizes the order. The delivery options, mentioned in these General Terms and Conditions of Sale and on the Site, may be changed at any time by HEAVENLY. It is therefore recommended for Clients to regularly consult these Terms on the Site. The prices displayed at the time of the Client’s order are the applicable ones. HEAVENLY reserves the right to modify the prices of the items and the delivery charges at any time and without notice, with prior notification to the Client before any order.
HEAVENLY conducts regular checks to ensure the accuracy of prices. However, errors may occur. If there is a price error in an order, the Client will be informed as soon as possible. HEAVENLY may cancel the order of the item concerned by the error. If payment has already been made, the Client will be refunded immediately, and if the order has already been delivered, it must be returned to HEAVENLY.
Orders must be paid for immediately upon placement. If ordered products are unavailable, the rules set out in article 4.4 of these T&Cs will apply.
Upon confirmation of the order, the Client will receive for each product a written summary of the price paid, detailing the cost of the items and the delivery charges if applicable.
It is important to note that the amount of VAT varies according to the country of destination of the products.
The exact VAT related to the Client’s order will be calculated at the time of shipment of their order. Changes in tax legislation between the date of placing the order and receiving the order confirmation may affect the amount of sales tax. If this results in an increase in the tax due by the Client, HEAVENLY will contact the Client to ask them to reconfirm their order.
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