The present General Terms and Conditions of Sale govern the sale of creative items from the brand Sandra Bérété Haute Joaillerie Artistique, whose headquarters are established in Chaville and registered with the Nanterre Trade and Companies Registry under the Siren number 501 089 551 (hereinafter referred to as “Sandra Bérété HJA” or “We”) and, on the other hand, any CUSTOMER (hereinafter referred to as “You”) wishing to order and purchase our bespoke or customized creative items on the website sandra-berete.com. Your use of the website implies that you agree to apply and be bound by these general terms and conditions of sale, as well as by the terms of use and our privacy policy. Every CUSTOMER is invited to read these conditions carefully before validating the order process and payment on our website sandra-berete.com. These conditions inform you of our sales procedure, how We will provide you with the creative items, designed either bespoke or customized from our creations made in small or very small series, and the conditions for the termination of a contract. The general terms and conditions of sale are binding on the customer who declares having read and accepted them by checking the box “I accept the general terms and conditions of sale” when placing any order. We reserve the right to modify these General Terms and Conditions of Sale (GTC) at any time. In the event of modification, the new GTC will be applicable only to sales subsequent to these modifications.
BESPOKE AND CUSTOMIZATION
Bespoke and customization, which consist of personalizing creative items made in small or very small series, are a recognized specialty of Maison Sandra Bérété HJA. Our creativity and expertise indeed rest on our capacity to understand, through a creative, cultural, and visionary exchange, the expectations of the CLIENT to deliver creative items that are both aesthetic, symbolic because they are meaningful and well-crafted.
ORDERS
Only natural persons who have reached the age of majority according to their national legislation and have the legal capacity to enter into a sales contract, and legal entities with the legal capacity to enter into a sales contract, are able to place orders for creative items from Maison Sandra Bérété HJA, via the website sandra-berete.com by following the instructions provided there. When making a purchase on the website, the validation process concerning customization or bespoke is done step by step so that the Customer experience is highly rewarding and unforgettable, as it is very personalized. After validation of the finalized version of the creative item, the order will be sent to sandra-berete.com for processing, and You will receive an “Order Confirmation” email summarizing the main details of your order. This email does not constitute acceptance of your order. After processing, We will send you an “Order Validation” email. All orders are subject to the written acceptance of sandra-berete.com. In this regard, the GTC will prevail over any other general or specific conditions not expressly agreed upon by Maison Sandra Bérété HJA. The nullity of a contractual clause does not lead to the nullity of the GTC as a whole. The temporary or permanent non-application of one or more clauses of the GTC by Maison Sandra Bérété HJA shall not be considered a waiver on its part of the application of the other clauses of the GTC which continue to have effect. Orders are placed for personal use; any commercial use is expressly excluded.
CREATIVE ITEMS
To enable the CLIENT to become acquainted with the creative items, We make every effort to ensure that they are described and photographed as faithfully as possible. However, slight variations may occur, for technical reasons, between the creative item photographed or graphically represented on the website, and the one delivered. Maison Sandra Bérété HJA cannot be held responsible for these variations. The creative items of Maison Sandra Bérété HJA are all original creations, made in France in an artisanal manner. Given the artisanal nature of the manufacturing, Maison Sandra Bérété HJA cannot guarantee perfect identity between the creative item viewed on the website and the creative item delivered, it being understood that Maison Sandra Bérété HJA and its artisans make every effort to ensure that the reproduction is as faithful as possible.
COMPLIANCE WITH REGULATORY AND CONVENTIONAL STANDARDS
Information about the precious metal and the title expressed in thousandths appears in the descriptions on the website sandra-berete.com. The creative items of Maison Sandra Bérété HJA made of gold offered on the site are in 750 thousandths gold guaranteed by the state hallmark. The diamonds purchased by Maison Sandra Bérété HJA comply with the Kimberley process and are in conformity with the resolutions of the United Nations, for more information: www.kimberleyprocess.com.
AVAILABILITY AND DELIVERY
Maison Sandra Bérété HJA reserves the right to modify the customizable creative items available on the website sandra-berete.com without notice. The artisanal realization of the creations imposes a production delay that begins from the “Order Validation” email. The purchase transaction will then be immediately debited, and an acknowledgment of payment receipt will be attached to this “Order Validation” email. When the creative item is sent to you, we will send you a “Shipping Confirmation” email. If You place an order for several pieces with different delivery times, the entire order will be delivered when all the creations are ready. Therefore, the latest shipping date applies. The order must contain a delivery address located in French territory, the EU, or Switzerland. In case of delivery outside the EU, delivery and customs fees are the responsibility of the customer. The delivery address taken into account is the one indicated by the Client at the time of the order. The delivery address must be accurately and completely filled in, indicating in particular the street number, building, staircase, access codes, intercom numbers, etc. Only the person indicated on the order will be able to receive the delivery. The delivery will be handed over in person, to the person indicated in the “delivery address” section. Maison Sandra Bérété HJA recommends that you refuse any damaged parcel. We decline all responsibility in case of delivery problems resulting from the provision of incorrect details on your part. Please note that We do not deliver to post office boxes, transport companies, or hotels. Only the permanent home of the Client or his professional address will be considered.
If it is a gift, the Client has the option to have the creative items delivered to a physical person of his choice, whether at his home or professional address.
In accordance with the provisions of the Consumer Code, the delivery of the creative items ordered will take place within the timeframes communicated to the Client by Maison Sandra Bérété HJA, from the receipt of payment.
Any delivery delay authorizes the Client to cancel his Order under the conditions of article L.216-2 of the Consumer Code.
In case of FORCE MAJEURE, as defined in article 1218 of the Civil Code, if you wish to designate another person to collect Your order, the person in question must be provided with the printed proof of purchase, a copy of your identity document, your written consent (naming both parties), their own identity document, and the confirmation email.
MANUFACTURING TIME FOR BESPOKE OR CUSTOMIZED JEWELRY
The manufacturing time will depend on the technicality of the piece, the size of the piece, the noble materials used, the style, and the rarity of the validated stones, and the time for re-cutting or calibrating the stones. The time for imagination or personalization and realization after validation of the creation project, 3D modeling, and workshop work should be taken into account. Regarding the estimation of the manufacturing time, it should be counted on average 8 to 12 weeks in our French workshops. However, for more imposing high jewelry pieces, jewelry watches, wedding sets, or tiaras, this time may be longer. Whatever the time required for the manufacturing or customization of Your jewelry in the workshop, we are committed to offering you artistic projects capable of meeting your expectations.
PRICES AND PAYMENT
The prices on the website sandra-berete.com are indicated in € (EUROS) including all taxes, including French VAT at the applicable rate on the day of the order. Maison Sandra Bérété HJA reserves the right to modify its prices without notice, the prices being subject to the dollar exchange rate and raw materials, however, the price due by the customer remains the one displayed on the website sandra-berete.com at the time of validating the order. The selling prices indicated in the descriptions on the website sandra-berete.com are understood excluding delivery costs, except for the French territory, the European Union, and Switzerland. We only accept payments by credit card and bank transfer. All orders are payable in € (Euros). When placing an order on the website, payment must be made in full, as it conditions the realization of the creative item and the “Order Validation” by Maison Sandra Bérété HJA. For prestigious projects, payment can be made in the form of a deposit during the realization of a bespoke creation. This deposit will not be refundable, as it corresponds to research and development (R&D) work on the one hand and the creative and conceptual work of the designer on the other hand. The full payment must be made to start the production of this bespoke creative item. Maison Sandra Bérété HJA reserves the right to refuse any suspicious transaction, this approach will lead to the non-registration of the said order, notably if payment is refused, in case of a malfunction of the site during the order or in case of a prior dispute between the Client and Maison Sandra Bérété HJA.
RETURN
Bespoke creations and small and very small customized series cannot be refunded or exchanged.
GUARANTEES AND AFTER-SALES SERVICES
As a Customer, you benefit from the legal guarantee of conformity of all the creative items sold through the website sandra-berete.com, in accordance with articles L217-1 and following of the Consumer Code and the guarantee against hidden defects according to articles 1641 and following of the Civil Code. The guarantor of conformity under the two legal guarantees mentioned above is Maison Sandra Bérété HJA, registered with the Nanterre Trade and Companies Registry under the number 501 089 551. The Client has a period of two years from the delivery or collection of the creative item to assert the legal guarantee of conformity. If applicable, you may choose between the replacement or refund of the creative item, subject to the cost conditions provided for in article L217-9 of the Consumer Code. If applicable, you can implement the guarantee against hidden defects and according to article 1644 of the Civil Code, you will have the choice between the resolution of the sale or a reduction of the sale price. These guarantees do not cover normal wear and tear and are not valid in case of inappropriate use, negligence, or attempts at repair by persons not authorized by Maison Sandra Bérété HJA. For information, the creative item is considered as conforming when it is suitable for the use usually expected of a similar good and, where applicable, when it corresponds to the descriptions given by Maison Sandra Bérété HJA and has the qualities that Maison Sandra Bérété HJA presented to the Client.
Any creative item purchased on the website sandra-berete.com is accompanied by our certificate of authenticity which will be delivered to you with the creative item. This certificate includes the characteristics of the creative item such as the name of the item, the weight of gold, the weight and quality of the stones as well as their characteristics. The manufacturing number of the limited editions is also inscribed.
INTELLECTUAL PROPERTY AND RIGHT OF GUARDIANSHIP
The website sandra-berete.com and the elements that compose it are the exclusive property of Maison Sandra Bérété HJA which grants a license for use to the Client for his personal needs. Consequently, the Client is prohibited from reproducing or disseminating all or part of the Site (logos, brands, images, graphics, drawings and models, photographs, etc., whether registered or not) in any form whatsoever. The content of the site is protected by the provisions of Book 1 of the First Part of the French Intellectual Property Code.
This license for use does not allow the Client to use the Site or any of its components for commercial purposes. Similarly, the creation of hyperlinks to any of the pages or any of the components of the Site is strictly prohibited without the prior express written consent of Maison Sandra Bérété HJA.
Any reproduction, modification, or even partial production of the drawings or jewelry creations of Maison Sandra Bérété HJA is prohibited. Maison Sandra Bérété HJA retains ownership of all intellectual attributes relating to the bespoke creations You have entrusted to it, including sketches and their evolutions, as well as the final creation.
COMPLAINTS – INFORMATION
For any information, complaint, or question relating to the General Terms and Conditions of Sale implemented by Maison Sandra Bérété HJA or to the creative items themselves, the Client must contact the customer service of Maison Sandra Bérété HJA on the Site via the “Contact” form, recalling, if necessary, his Order number.
PERSONAL DATA PROTECTION
The information transmitted by the client to carry out and deliver his order is only used in this commercial relationship with Maison Sandra Bérété HJA. This information is confidential to the internal activity of Sandra Bérété HJA and cannot be shared with a third party or resold. The Client’s banking information is only used in interaction with the secure banking service; Sandra Bérété HJA does not retain any banking information of the client. In accordance with the Law of January 6, 1978, the Client has a right of access, rectification, and opposition to the nominative information and personal data concerning you. The databases are protected by the Law of July 1, 1998, relating to the legal protection of databases. The use of Cookies allows the collection of information related to navigation on a site but does not allow the identification of the user. The data thus perceived give Maison Sandra Bérété HJA information on its attendance and aim to facilitate your next navigations.
FORCE MAJEURE – CLIENT ACTIONS
The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the Civil Code. Furthermore, Maison Sandra Bérété HJA cannot be held responsible for the non-performance or poor performance of its obligations attributable either to the Client or to the unforeseeable and insurmountable act of a third party unrelated to the provision of the services foreseen.
UNFORESEEN EVENTS
In case of a change of unforeseen circumstances at the time of the conclusion of the contract, in accordance with the provisions of article 1195 of the Civil Code, the Party that has not agreed to assume a risk of excessively burdensome performance may request a renegotiation of the contract from its co-contractor.
MISCELLANEOUS
The fact that Maison Sandra Bérété HJA does not invoke against the Client any of the clauses of these general terms and conditions shall not be interpreted as a tacit waiver of the benefit of said clause. If a clause of these general terms and conditions becomes null or unenforceable, in whole or in part, the present conditions will remain in force with respect to the other clauses and the surviving provisions of the clause in question.
RESPONSIBILITY
Maison Sandra Bérété HJA can only be held responsible for direct and foreseeable damage at the time of the order of the creative item by the Client resulting from the use of the website sandra-berete.com by the client as well as the creative items sold.
Maison Sandra Bérété HJA cannot be held responsible for direct or indirect damages that could result from the use of the site, including inaccessibility, data losses, deteriorations, destructions, or viruses that could affect the computer equipment of the users and/or the presence of viruses on the Site.
Maison Sandra Bérété HJA does not guarantee the legality or accessibility of the content of the website sandra-berete.com for all countries in the world. The client must therefore ensure compliance with the applicable regulations in the country in which the client uses the website.
CONTRACT LANGUAGE
For the convenience of the Client, the website sandra-berete.com and the General Terms and Conditions of Sale are available in two languages: French and English. However, in case of contradiction between the French and English versions, the French version prevails. Only the French version of the General Terms and Conditions of Sale is binding between the Parties.
APPLICABLE LAW AND MEDIATION
The general terms and conditions of sale are governed exclusively by French law. The Client is informed that he has the right to resort to a consumer mediator free of charge with a view to the amicable resolution of any dispute that may oppose him to Maison Sandra Bérété HJA. The Client may thus refer to the CMAP – Center of Mediation and Arbitration of Paris via its website www.cmap.fr or by mail to the following address: CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS
PRE-CONTRACTUAL INFORMATION – CLIENT ACCEPTANCE
The Client acknowledges having been communicated, prior to the placement of his order and the conclusion of the contract, in a clear and comprehensible manner, the present General Terms and Conditions of Sale and all the information listed in article L. 221-5 of the Consumer Code and in particular the following information: – the essential characteristics of the good, – the price of the good and ancillary costs, – the date or the deadline at which the Seller undertakes to deliver the goods ordered, – information relating to the identity of the Seller, his postal, telephone, and electronic contact details, and his activities, if they do not emerge from the context, – information relating to legal and contractual guarantees and their implementation procedures, – the possibility of resorting to conventional mediation in the event of a dispute. The fact that a person orders a good or service implies full and complete adherence to and acceptance of these General Terms and Conditions of Sale and obligation to pay for the goods or Services ordered, which is expressly recognized by the Client, who renounces, in particular, to rely on any contradictory document, which would be unenforceable against the Seller.
Revised conditions in January 2024 Customer serviceContact: serviceclient@sandra-berete.com