Conditions of Sales

GENERAL TERMS AND CONDITIONS OF SALE Version of November 15, 2023

PRELIMINARY ARTICLE

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.

ARTICLE 5: PAYMENT TERMS

5.1 Available Payment Options

To pay for purchases on the Site, the Client has several options:

  • Payment by credit card: Acceptance of cards from the “CB” network, Visa, Eurocard/Mastercard, and American Express. The Client’s card will be charged at the time of the order’s shipment.
  • To place an order, the Client selects a payment method among those available (payment card, Paypal, American Express, Apple Pay) and enters their payment information in a secure form.
  • The Client confirms being the holder of the used card and provides the necessary details in a secure environment on the Internet.

HEAVENLY may perform a pre-authorization of the Client’s payment card to process the order. The purchase amount will be reserved on the card until the order is shipped. The Client authorizes HEAVENLY to perform this operation and, if necessary, to transmit or obtain information from third parties for verification.

If the payment is impossible for any reason, the order will be immediately canceled.

ARTICLE 6 – COMPLIANCE WITH REGULATORY AND CONVENTIONAL STANDARDS

GOLD: Heavenly uses 750/000th 100% ethical, recycled, and sustainable gold, reducing its carbon footprint by up to 99%, guaranteed by the CoC.

DIAMONDS: TO BE SPECIFIED, PLEASE

ARTICLE 7 – DELIVERY AND RECEIPT 7.1 General Provisions

The term ‘delivery’ refers to the handing over of the Products to the Client.

Delivery only takes place at the specified Delivery Location. Deliveries outside this Delivery Location are not possible.

The Products are shipped to the delivery address that the Client indicated during their Order. Deliveries are not made to hotels, transit agencies, campuses, relay points, or P.O. boxes. Delivery only occurs after the full payment of the Order by HEAVENLY. If full payment is not received, no delivery will take place.

Details on delivery options are available on the Site before finalizing the Order. Delivery Charges are added to the total price of the Order and are communicated to the Client before validating their Order.

In accordance with the Consumer Code, delivery must be made within the timeframes communicated by HEAVENLY at the time of the Order, or, failing that, at the latest thirty (30) days after the Order, subject to full payment of the price by the Client.

7.2 Delivery Options

The Products are delivered by HEAVENLY’s carrier to the address indicated by the Client, with delivery tracking. Each Order is accompanied by a tracking number accessible via the client’s account on the Site.

Standard Delivery Estimated delivery times are two (2) to seven (7) days after shipment, depending on the country of delivery. Delivery charges are indicated on the Site at the time of the Order and depend on the destination country. Delivery charges are free for orders over 1,000 Euros.

Delays may occur due to engraving on a product, unforeseen circumstances, delivery area, or traffic problems. In case of delay, HEAVENLY will inform the Client and offer either a new delivery date or the cancellation of the order and a full refund.

No deliveries are made on Saturdays, Sundays, or public holidays.

For both delivery modes The Client must provide accurate and complete information for the delivery address. In case of absence during delivery, a second attempt will be organized. If the Client is absent again, the package will be returned to HEAVENLY and the Order cancelled.

HEAVENLY remains responsible for the Products until their delivery. Once delivered, the responsibility passes to the Client.

7.3 Anomaly or Damage during Delivery

HEAVENLY advises the Client to check the conformity of the items upon delivery. Any problem must be noted on the delivery slip with a signature. In case of non-conformity or defect, the Client can return, exchange, or get a refund for the items according to the conditions of articles 8 and 9 of these T&Cs.

ARTICLE 8: RIGHT OF WITHDRAWAL AND RETURN OF ITEMS

The Client may withdraw without justification within 14 (fourteen) days following the receipt of the item. If multiple items were ordered at once or delivered separately, the period only starts after the receipt of the last item or part.

The right of withdrawal does not apply to:

  • Goods made to measure or clearly personalized,
  • Goods unsealed after delivery, not returnable for hygiene or health reasons.

To express their intention to withdraw, the Client can use the withdrawal form included in the T&Cs and their package, or a clear declaration. This request must be sent by email to hello@maisonheavenly.com.

The Client will receive a confirmation of receipt of their request by email.

HEAVENLY’s customer service or carrier will then contact the Client to arrange the return of the items. A return slip is included in the initial package.

The refund will be made at the latest 14 days after the notification of withdrawal or within 2 working days following the receipt of the returned items by HEAVENLY. The refund will include the delivery charges and will be made via the same means of payment used for the order, or by Paypal. The return costs are borne by HEAVENLY.

For an item received as a gift, only the Client who placed the order has the right of withdrawal.

Items must be returned in their original packaging, complete (cases, boxes, certificate, labels, etc.) with the return slip and a copy of the invoice. Returned items that are incomplete, damaged, or worn will not be refunded or exchanged.

ARTICLE 9: EXCHANGE PROCEDURE

In addition to the right of withdrawal, HEAVENLY offers its Clients the possibility to exchange the items received, according to the following terms.

HEAVENLY’s Clients may exchange their items within 30 days following delivery. The exchange can only concern the size or color of the ordered Products, and not the replacement with a different item.

To initiate an exchange, the Client must contact HEAVENLY’s customer service at hello@maisonheavenly.com or via the “Contact” section at the bottom of the Site page.

The return of the item for exchange is free of charge.

HEAVENLY’s customer service or carrier will contact the Client to organize the return of the item.

The returned item must be new, unworn, unengraved, and in its original intact packaging. HEAVENLY will check the condition of the returned item. It must be returned with its invoice and certificate of authenticity. Subject to meeting these conditions, HEAVENLY will proceed with the exchange but will not refund the returned items.

Items returned incomplete, damaged, worn, without a security tag, or appearing to have been used, will not be exchanged and will be returned to the Client. If the item is a gift, the recipient may request an exchange, but no refund will be made in case of a price difference.

HEAVENLY reserves the right to refuse an exchange after two successive requests. The initial shipping costs, if applicable, will not be refunded.

ARTICLE 10: CONFORMITY – WARRANTY – AFTER-SALES SERVICE

All items sold on the Site are covered by the legal warranty of conformity (Consumer Code, articles L217-4 and following) and the warranty against hidden defects (Civil Code, articles 1641 and following).

10.1 Legal Warranty 10.1.1 Conformity Warranty This warranty covers defects existing at the time of delivery and those resulting from packaging or installation. The client has two years from delivery to act. The client can opt for the repair or replacement of the item, under certain cost conditions.

10.1.2 Warranty against Hidden Defects This warranty covers hidden defects that make the item unusable or significantly reduce its use. The action must be initiated within two years after the discovery of the defect.

10.1.3 Exclusion of Warranties Items modified, repaired, or altered by the client are not covered. Apparent defects and damages caused by misuse are not covered.

10.2 Implementation of Warranties Under the warranty of conformity, the client is exempt from proving the existence of the defect. Under the warranty of hidden defects, the client can opt for the total or partial refund of the item.

10.3 Consequences of Implementing Warranties For the warranty of conformity, HEAVENLY replaces or refunds the item if replacement is impossible. For the warranty of hidden defects, HEAVENLY fully or partially refunds the item, depending on the client’s choice. These warranties are independent of the right of withdrawal mentioned previously.

ARTICLE 11: COMPLAINTS – INFORMATION

For any request for information, complaint, or question regarding HEAVENLY’s T&Cs or the products sold, clients are invited to contact the customer service via the “Contact” form available on HEAVENLY’s Site, mentioning if necessary their order number.

ARTICLE 12: PERSONAL DATA PROTECTION

HEAVENLY collects personal data on the Client and, if applicable, on the recipient of the order.

This information is essential for processing orders and creating invoices. They can be transmitted to HEAVENLY’s partners involved in the management, processing, and payment of orders.

The management of this data by HEAVENLY’s Site complies with the current regulations on personal data protection, ensuring maximum security of this information.

For more details on how HEAVENLY processes personal data and the rights of users, it is recommended to consult our policy on “personal data and cookies.”

ARTICLE 13: RETENTION OF TITLE

HEAVENLY retains full ownership of the sold items until the complete receipt of payment, including the principal, fees, taxes, and all necessary contributions.

ARTICLE 14: INTELLECTUAL PROPERTY RIGHTS

The “HEAVENLY” trademark and all other associated trademarks, whether figurative or not, as well as all illustrations, images, logos on HEAVENLY products, their accessories or packaging, registered or not, remain the exclusive property of HEAVENLY. It is strictly forbidden to reproduce, modify, or use these trademarks, illustrations, images, and logos without explicit agreement from HEAVENLY, whether partially or totally, for any reason and on any medium. This also applies to any combined use with other trademarks or logos to create a composite logo. Similarly, all copyrights, designs, models, and patents belong to HEAVENLY.

The use of HEAVENLY’s Site, including downloading, reproduction, transmission, or representation, for anything other than personal and private use for non-commercial purposes is strictly prohibited. Any infringement of these rules may result in sanctions according to the Intellectual Property Code, particularly for counterfeiting (articles L.335-1 and following) and violation of trademark rights (articles L.716-1 and following), as well as civil liabilities (articles 1382 and following of the Civil Code).

The creation of hypertext links to HEAVENLY’s Site is subject to prior written authorization from HEAVENLY and may be revoked at any time. HEAVENLY exercises no control and declines all responsibility regarding third-party sites that contain links to its Site or to which the Site may refer.

ARTICLE 15: SIGNATURE AND PROOF

HEAVENLY commits to providing high protection for its clients’ personal data. However, clients also play a crucial role in the security of their personal information. They must, in particular, preserve the security of their online transactions, for example, by not sharing their username (email address) and/or password, and by regularly changing the latter. In this context, HEAVENLY cannot be held responsible if a client’s information is disclosed following the use of their username and/or password by another person. The use of the client’s username and password will be considered as proof of their identity and, when validating an order, implies acceptance of the amounts due for the ordered items. HEAVENLY is not responsible in case of fraudulent use of these details. When a bank card number is provided and the order is validated, this constitutes proof of the acceptance of the order and the amounts due for the items. The computer records kept in the computer systems of HEAVENLY and its partners will be used as proof of communications, orders, and payments between the parties.

ARTICLE 16: FORCE MAJEURE

If HEAVENLY is prevented or delayed in performing its obligations due to a case of force majeure, as defined by Article 1218 of the Civil Code, its obligations will be suspended.

HEAVENLY commits to informing the Client of any force majeure event within eight (8) days of its occurrence. This event will suspend the application of these general terms and conditions of sale.

ARTICLE 17: LIABILITY

HEAVENLY cannot be held responsible for direct or indirect damages resulting from the use of the Site, including but not limited to inaccessibility, data loss, or damage to users’ computer equipment, or the presence of viruses on the Site.

HEAVENLY does not guarantee that the content of the Site is legal or accessible in all countries.

ARTICLE 18: LANGUAGE OF THE SITE AND T&Cs

The Site and the General Terms and Conditions of Sale are offered in French and English. In case of divergence between the two versions, the French version prevails. The French version of the General Terms and Conditions of Sale is the only version binding between the parties.

ARTICLE 19: DISPUTES – APPLICABLE LAW

These General Terms and Conditions of Sale are governed by Swiss law. In case of disagreement regarding their application or interpretation, the Client has the choice to resort to conventional mediation or other alternative methods of conflict resolution.

If you are a consumer residing in the European Union, you have the right to bring your complaints before an Alternative Dispute Resolution (ADR) entity. To find a list of ADR entities in your country, you can visit the European Commission’s Online Dispute Resolution platform at: http://ec.europa.eu/consumers/odr.

For purchases delivered in France, according to Article L. 612-1 of the French Consumer Code, you can use the mediation service of the Association des Médiateurs Européens for free. You can submit your request online at https://www.mediationconso-ame.com by filling out the appropriate form and providing the necessary documents, or by postal mail to the following address: AME Conso, 11 place Dauphine – 75001 PARIS.

The Client has the right to choose to accept or refuse mediation and, if mediation is used, each party is free to accept or refuse the solution proposed by the mediator.

If no amicable agreement is found and in the absence of mediation, all disputes relating to the General Terms and Conditions of Sale will be submitted to the competent court of the Client’s domicile.

The fact that a Party does not enforce a breach by the other Party of one of its obligations cannot be considered as a waiver of this obligation for the future.

WITHDRAWAL FORM

(Please complete and return this form only if you wish to withdraw from the contract). To the attention of HEAVENLY customer service at the following email address: hello@maisonheavenly.com

  • I/We [] hereby notify/notifies [] my/our [] withdrawal from the contract for the sale of the good []/for the provision of service [*] below
  • Good [reference]__________
  • Ordered on []/received on []: ______________
  • Name of the consumer(s)
  • Address of the consumer(s)
  • Signature of the consumer(s) (only if this form is notified on paper)
  • Date [*] Delete as appropriate

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