GENERAL SALES CONDITIONS

Definitions

These General Terms and Conditions of Sale (hereinafter the "GTCS") are offered by Aden SARL, with capital of €7625, a company registered with the Bayonne RCS under number 447517715, whose registered office is located at 7 rue du Couralin, 64100 Bayonne France (hereinafter "Aden").

Following will be referred to as:

" Site" : the https://aden. boutique/ and all its pages.
""Products" or "Services": all the products (materials) and services (services) that can be purchased or subscribed to on the Site.
"Seller": Aden, a legal or natural person, offering its Products or Services on the Site.
"Customer": the Internet user, individual or professional, making a purchase of Product(s) or Service(s) on the Site.
"Consumer", in accordance with the definition in the preliminary article of the French Consumer Code:"any natural person who acts for purposes that do not fall within the scope of their commercial, industrial, craft or liberal activity".

Internet users visiting the Site and interested in the Products and Services offered by the Seller are invited to read these GTC carefully, print them out and/or save them on a durable medium, before placing an order on the Site.

The Customer acknowledges having read the T&Cs and accepts them in full and without reservation.

Article 1 - Application of the T&Cs and purpose of the Site

The Seller reserves the right to modify the GTC at any time by publishing a new version of them on the Site. The GTC applicable to the Customer are those in force on the day of the Customer's order on the Site.

Legal information concerning the Site's host and publisher, the collection and processing of personal data and the conditions of use of the Site are provided in the general conditions of use, legal notice and data charter of this Site.

This Site offers the online sale of 925 silver and 14K and 18K gold Jewellery.

The Site is freely accessible to all Customers. The purchase of a Product or Service implies the Customer's acceptance of these GTC in their entirety, and the Customer hereby acknowledges that they are fully aware of them. This acceptance may consist, for example, of the Customer ticking the box corresponding to the sentence of acceptance of these GTCS, for example with the words "I acknowledge that I have read and accepted all of the general terms and conditions of the Site". Ticking this box will be deemed to have the same value as a handwritten signature by the Customer.

Acceptance of these GTCs assumes that Customers have the necessary legal capacity to do so. If the Customer is a minor or does not have this legal capacity, they declare that they have the authorisation of a guardian, curator or their legal representative.

The Customer acknowledges the evidential value of the Seller's automatic recording systems and, unless the Customer provides evidence to the contrary, waives the right to challenge them in the event of a dispute.

The Publisher provides the Customer, on its Site, with a privacy policy specifying all the information relating to the use of the Customer's personal data collected by the Publisher and to the rights the Customer has in relation to such personal data. The data confidentiality policy forms part of the GTCS. Acceptance of these T&Cs therefore implies acceptance of the Data Privacy Policy.

Article 2 - Creating a customer account

The creation of a "customer account" is an essential prerequisite to any order by the Customer on this Site. To this end, the Customer will be asked to provide a certain amount of personal information, such as their first and last name, email address, postal address and telephone number, this list not being exhaustive. In this respect, the Customer undertakes to provide accurate information. The Customer is responsible for updating his/her data. They must therefore notify the Vendor immediately of any changes. The Customer is solely responsible for the truthfulness, accuracy and relevance of the data provided.

Customers registered on the Site may access it by logging in using their login details (e-mail address defined when they registered and password) or possibly by using systems such as third-party social network login buttons. The Customer is entirely responsible for protecting the password they have chosen. They are encouraged to use complex passwords. If the Customer forgets their password, they can generate a new one. This password guarantees the confidentiality of the information contained in the "my account" section and the Customer therefore undertakes not to pass it on or communicate it to a third party. Failing this, the Seller may not be held liable for unauthorised access to a Customer's account.

The customer account allows the Customer to consult all of their orders made on the Site. If the data contained in the customer account section were to disappear as a result of a technical failure or a case of force majeure, the Seller may not be held liable, as this information has no evidential value but is for information purposes only. The pages relating to the customer account are freely printable by the Customer holding the account in question but in no way constitute proof, they are only of an informative nature intended to ensure efficient management of their orders or contributions by the Customer.

Each Customer is free to close their account on the Site. To do so, they must send an e-mail to the Seller indicating that they wish to delete their account. No recovery of their data will then be possible.

The Seller reserves the exclusive right to delete the account of any Customer who has contravened these GTC (in particular, and without this example being exhaustive, where the Customer has knowingly provided incorrect information when registering and setting up their personal space) or any account that has been inactive for at least one year. Such deletion shall not constitute a loss for the Customer, who shall not be entitled to claim any compensation as a result. This exclusion is not exclusive of the possibility, for the Seller, of taking legal action against the Customer, when the facts so justify.

Article 3 - Order subscription procedure and description of the purchasing process

The Products and Services offered are those listed in the catalogue published on the Site. These Products and Services are offered while stocks last. Each Product is accompanied by a description drawn up by the Seller based on the descriptions provided by the supplier.

The photographs of the Products in the catalogue reflect a faithful image of the Products and Services offered but do not constitute a contractual commitment insofar as they cannot ensure perfect similarity with the physical Products.

"Basket" is defined below as the immaterial object grouping together all the Products or Services selected by the Site Customer with a view to a purchase by having clicked on these items. In order to proceed with his/her order, the Customer chooses the Product(s) he/she wishes to order by adding them to his/her "Basket", the content of which may be modified at any time.

Once the Customer considers that they have selected and added to their basket all the Products they wish to purchase, they will have the option, in order to validate their order, to access their basket by clicking on the button provided for this purpose. They will then be redirected to a summary page on which they will be informed of the number and characteristics of the Products ordered, as well as their unit price.

If they wish to validate their order, Customers must tick the box relating to the ratification of these GST and click on the validation button. The Customer will then be redirected to a page where they must fill in the order form fields. In the latter case, the Customer will be asked to provide a certain amount of personal data, which is necessary for the order to be processed correctly.

All orders placed on the Site must be duly completed and must specify this necessary information. The Customer may make changes, corrections, additions or cancel the order until it has been validated.

Once the Customer has completed the form, they will then be invited to make their payment using the payment methods listed in the section of these GTC relating to payments. After a few moments the Customer will be sent an order confirmation email, reminding them of the contents of the order and the price thereof.

The Products sold remain the property of the Seller until full payment of their price, in accordance with this retention of title clause.

Article 4 - Prices and payment terms

Unless otherwise stated, the prices shown in the catalogue are in Euros and include all taxes, taking into account the VAT applicable on the day of the order and excluding any contribution to processing and shipping costs.

Aden reserves the right at any time to modify its prices and to pass on, if applicable, any change in the VAT rate in force to the price of the Products or Services offered on the Site. Nevertheless, the price appearing in the catalogue on the day of the order will be the only price applicable to the Customer.

The Customer may place an order on this Site and may pay by credit card, bank transfer. Payments by bank card are made using secure transactions provided by an online payment platform provider.

This Site does not have access to any data relating to the Customer's means of payment. Payment is made directly to the bank or payment service provider receiving the Customer's payment. In the event of payment by cheque or bank transfer, the delivery times defined in the "Deliveries" article of these GTC shall only begin to run from the date of actual receipt of payment by the Vendor, the latter being able to provide proof thereof by any means. The availability of Products is indicated on the Site, in the description sheet for each Product.

Aden will archive order forms and invoices on a reliable and durable medium constituting a faithful copy. The computerised registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

Article 5 - Deliveries

Delivery costs will be indicated to the Customer prior to any payment. The Site has no geographical delivery limitations, orders can be shipped anywhere in the world.

In the event of delivery of a Product outside the territory of the European Union and in the French Overseas Departments and Territories, the Customer declares himself to be the importer of the Product and accepts that in such a case the Seller may be materially unable to provide him with accurate information on the total amount of charges relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.

Unless otherwise stated on the Site during the ordering process or in the description of the Products ordered, the Seller undertakes in all cases to deliver the Products within a maximum of thirty (30) days after the conclusion of the contract with a Consumer Customer.

The Customer may refuse a parcel at the time of delivery if he/she notices any anomaly concerning the delivery (damage, Product missing in relation to the delivery slip, damaged parcel, broken Products, etc.); any anomaly must then be indicated by the Customer on the delivery slip, in the form of handwritten reservations, accompanied by the Customer's signature. To exercise his/her right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have the carrier take back the damaged goods. Failing to comply with these instructions, the Customer will not be able to exercise its right of refusal, and the Seller will not be obliged to comply with the Customer's request to exercise its right of refusal.

If the Customer's parcel is returned to the Seller by the Post Office or other postal service providers, the Seller will contact the Customer upon receipt of the returned parcel to ask the Customer how to proceed with the Customer's order. If the Customer has mistakenly refused the parcel, they may request that it be sent back by first paying the postal charges for the new shipment. Postal charges must be paid even for orders where postage was offered at the time of ordering.

In the event of incorrect delivery or exchange (if the right of withdrawal is applicable, i.e. if the Customer is a Consumer and the contract entered into to acquire the Product or Service allows withdrawal, in accordance with Article L. 221-18 et seq. of the French Consumer Code), any product to be exchanged or refunded must be returned to the Vendor in its entirety and in perfect condition. Any defect resulting from the Customer's clumsiness or wrong operation shall not be attributable to the Seller.

Article 6 - Right of withdrawal and withdrawal form

In accordance with Article L.221-18 of the French Consumer Code, and if the right of withdrawal is applicable, the Consumer Customer has a period of fourteen (14) working days from the date of receipt of the Product of his/her order or from the conclusion of the contract for the provision of services, to withdraw. He/she will be obliged to return any Product that does not suit him/her and request an exchange or refund without penalty, with the exception of return costs, within fourteen days of Aden's receipt of the refund request.

The Product must be returned in perfect condition. Where applicable, it must be accompanied by all its accessories. The Consumer Customer can find below a standard retraction form for an order placed on the Site, to be sent to Aden. It is understood that the Customer will bear the cost of returning the Product in the event of retraction, as well as the cost of returning the Product if, due to its nature, it cannot normally be returned by post.

If the above obligations are not carried out, the Customer will lose his right of withdrawal and the Product will be returned to him at his expense.

It is recommended that the Customer make the return using a solution that allows the package to be tracked. Otherwise, if the returned parcel does not reach the Seller, it will not be possible to launch an enquiry with the postal services to ask them to locate it.

The refund will be made using the same payment method chosen by the Customer for the initial transaction, unless the Customer expressly agrees to the Seller using another payment method, and insofar as the refund does not incur any costs for the Customer.

The Seller also reserves the right to defer the refund until receipt of the Product or until the Customer has demonstrated that it has shipped the Product, if such demonstration has not previously taken place.

In the event of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product(s), the Customer may be held liable.

In accordance with Article L221-5 of the French Consumer Code, ("loi Hamon") of June 2014, the Consumer Customer can find below a standard withdrawal form for an order placed on the site:

Withdrawal form

(Please complete and return this form only if you wish to withdraw from the contract. )

For the attention of Aden SARL, 7 rue du Couralin, 64100, Bayonne

I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below:

Ordered on (*)/received on (*):

Name of Client(s):

Address of Customer(s):

Signature of the Customer(s) (only in the event of notification of this form on paper):

Date:

(*) Delete as appropriate.

Article 7 - Exceptions to the right of withdrawal

The Site offers the sale of the following Products, for which the right of withdrawal for Consumer Customers cannot apply, pursuant to Article L.221-28 of the French Consumer Code: For jewellery with precious stones set in gold or silver: there is no return or exchange possible for this type of jewellery, which is made to order (the characteristics of the jewellery having been confirmed when the order was placed and on the product description page, indicating its dispatch date with the words "DELIVERED FROM ". As our gemstone jewellery is made especially for the customer, returns are not accepted unless the item is damaged on receipt or does not match the order at all. Once an order has been confirmed, it cannot be cancelled as our stones are imported directly from the world's leading supplier of quality stones. Any change or cancellation after placing the order with our Indian broker would incur costs and logistical complications. As such, we are unable to accept cancellation requests for any jewellery in progress.

The Customer acknowledges having read this list, notified prior to the sale in these GTC.

Services commencing immediately after purchase and fully executed before the end of the withdrawal period do not entitle the Customer to benefit from his right of withdrawal if he has given notice of an express waiver of his right of withdrawal. The right of withdrawal may not be exercised in connection with the supply of digital content not provided on a tangible medium, the performance of which began before the end of the withdrawal period with the Customer's express waiver of his right of withdrawal.

Article 8 - Product Warranty

WARRANTY EXPANSION

Each piece of jewellery from the ADEN Boutique is subject to the legal guarantees in force for a period of 1 year. Each piece of jewellery has a guarantee stamp which assures you of the authenticity of our products and provides you with a guarantee against any manufacturing defect or hidden fault. Your invoice, which acts as a guarantee, allows you to return your jewellery to us for repair or exchange in the event of a proven defect. In this case, if the guarantee is applicable, ADEN will cover the cost of repairing and sending your jewellery back to you. Please contact us before returning your jewellery for repair, by email or telephone: [email protected] or 0614068153, and we will tell you what to do.

Note that this guarantee will not apply to any jewellery that has undergone any operation or resizing carried out in a workshop other than that of ADEN.

In the event of a dispute over the application of the guarantee, we will entrust your piece of jewellery for expert appraisal. However, we rely on the transparency of our customers if an incident has occurred that imputes you to the jewel and to report it to us. This is so that you do not have to wait for the expertise procedures and so we will be happy to find the best possible arrangement to restore your jewel, in a concern for the satisfaction of all our ADEN customers.

Not covered by the legal warranty:

- Damage resulting from accidents or improper or abusive use of the jewellery (impact, crushing, lost or broken stone, twisted or broken claw, torn link or fastener. .).

- Damage resulting from repairs or dismantling not carried out by the ADEN workshop.

- The consequences of normal wear and tear and ageing of the jewellery (scratches, alteration of colour. .).

Beyond these guarantees, ADEN accompanies the life of your jewellery by ensuring any feasible repair. To allow one of our experts to examine your jewellery, please contact us before returning your jewellery for repair, by email or telephone: [email protected] or 0614068153.

Article 9 - Customer Service

Customer service for this Site can be accessed by e-mail at the following address: [email protected] or by post at the address indicated in the legal notice.

Aden also provides its Customers with a hotline, or telephone assistance, to answer their questions. The hotline can be contacted by telephone on +33614810653 (toll-free number).

Article 10 - Liability

Seller Aden may not be held liable for non-performance of the contract entered into due to the occurrence of an event of force majeure. With regard to the Products purchased, the Seller will not incur any liability for any indirect damage as a result of the present, operating loss, loss of profit, damage or costs, which may arise.

The choice and purchase of a Product or Service are placed under the sole responsibility of the Customer. The total or partial impossibility of using the Products, in particular due to incompatibility of equipment, may not give rise to any compensation, reimbursement or questioning of the Vendor's liability, except in the case of a proven hidden defect, non-conformity, defect or exercise of the right of withdrawal if applicable, i.e. if the Customer is not a Consumer Customer and the contract entered into to acquire the Product or Service allows withdrawal, in accordance with Article L 221-18 et seq. of the Consumer Code.

The Customer expressly admits to using the Site at its own risk and under its sole responsibility. The Site provides the Customer with information on an indicative basis, with imperfections, errors, omissions, inaccuracies and other ambivalences likely to exist. In any event, Aden may not be held responsible for:

from any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers, loss of data that may, among other things, result from the use of the Site, or on the contrary from the impossibility of its use;
dysfunction, unavailability of access, misuse, incorrect configuration of the Customer's computer, or the use of a browser not widely used by the Customer;
the content of advertisements and other external links or sources accessible by Customers from the Site.

The photographs and visuals of the Products presented on the Site are not contractual in nature, and the Seller cannot therefore be held liable if the characteristics of the Products differ from the visuals present on the Site or if the latter are erroneous or incomplete.

Article 11 - Intellectual property rights

All elements of this Site belong to the Seller or to a third party agent, or are used by the Seller with the permission of their owners.

Any reproduction, representation, adaptation of the logos, textual, pictographic or video content, without this list being limitative, is strictly prohibited and is tantamount to counterfeiting.

Any Customer who is guilty of counterfeiting is liable to have his account deleted without notice or compensation and without such deletion constituting damage to him, without reserving any subsequent legal proceedings against him, at the initiative of the Seller or his agent.

The trademarks and logos contained in the Site may be registered by Aden, or possibly by one of its partners. Any person proceeding to their representations, reproductions, imbrications, distributions and rebroadcasts shall incur the penalties provided for in Articles L.713-2 et seq. of the Intellectual Property Code.

Article 12 - Independence of clauses

If any provision of the T&C is held to be illegal, invalid or for any other reason unenforceable, then that provision shall be deemed severable from the T&C and shall not affect the validity and enforceability of any remaining provisions.

These T&C supersede all prior or contemporaneous written or oral agreements. The GTC are not assignable, transferable or sub-licensable by the Customer itself.

A printed version of the T&Cs and of all notices given in electronic form may be requested in judicial or administrative proceedings relating to the T&Cs. The parties agree that all correspondence relating to these T&C shall be in the French language.

Article 13 - Applicable law and mediation

These GTC are governed by and subject to French law.

With the exception of public policy provisions, any disputes that may arise in connection with the performance of these GTCs may, prior to any legal action, be submitted to the Site Editor for an amicable settlement.

It is expressly recalled that requests for amicable settlement do not suspend the time limits open for bringing legal actions. Unless otherwise provided by public policy, any legal action relating to the performance of these GTC shall be subject to the jurisdiction of the courts of the place of the defendant's domicile.

Article 14 - Manufacturing Process and Resizing of Silver Jewelry with Gemstones (does not apply to resizing gold jewelry)

Manufacturing Process: Our silver jewelry with gemstones is crafted with the utmost care, using 925 silver plated with rhodium to ensure exceptional brilliance and durability. This process not only provides a remarkable aesthetic but also enhanced strength due to a specific alloy used in the plating.

Resizing: Due to the complexity of this process, resizing our silver jewelry with gemstones requires specialized techniques. We strongly advise our customers to double-check their finger size before placing an order. In the event of a sizing error, we offer a resizing service performed by our qualified artisans. The cost of this service varies depending on the type of jewelry. We strongly discourage entrusting this task to workshops not trained in our specific techniques to preserve the integrity of your jewelry.

Warranty and After-Sales Service: Any resizing operation carried out in a workshop other than ADEN’s may void the legal warranty applicable to your jewelry. We invite you to contact us for any questions or after-sales service requests to ensure the highest quality service possible.

Consumer Mediation

According to Article L.612-1 of the French Consumer Code, it is reminded that « every consumer has the right to seek free assistance from a consumer mediator for the amicable resolution of any dispute with a professional. For this purpose, the professional guarantees effective access to a consumer mediation service ».

As such, Aden offers its Consumer Clients, in the event of disputes that have not been resolved amicably, the mediation of a certified consumer mediator, whose contact details are as follows:

APPROVED CONSUMER MEDIATOR
AME CONSO
www.mediationconso-ame.com

Please note that mediation is not mandatory but is offered as an option to resolve disputes while avoiding legal action.

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