Terms and Conditions - Aden Boutique

Definitions

The following terms shall be defined as:

• "Website": https://aden.boutique/ and all its pages.
• "Products" or "Services": all products (material) and services (performances) that can be purchased or subscribed to on the Website.
• "Seller": Aden, legal entity or individual, offering Products or Services on the Website.
• "Customer": the internet user, individual or professional, making a purchase of Product(s) or Service(s) on the Website.
• "Consumer", in accordance with the definition in the preliminary article of the Consumer Code: "any natural person who acts for purposes which are outside his trade, business, craft or profession".

Internet users visiting the Website and interested in the Products and Services offered by the Seller are invited to carefully read these T&C, print them and/or save them on a durable medium, before proceeding with an order on the Website.

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

Article 1 - Application of T&C and Purpose of the Website

The Seller reserves the right to modify the T&C at any time by publishing a new version on the Website. The T&C applicable to the Customer are those in force on the day of their order on the Website.

Legal information concerning the Website host and editor, the collection and processing of personal data, and the terms of use of the Website are provided in the general terms of use, legal notices, and data charter of this Website.

This Website offers the online sale of 925 silver jewelry and 14K and 18K gold jewelry.

The Website is freely and freely accessible to any Customer. The acquisition of a Product or Service implies the Customer's acceptance of these T&C in their entirety, acknowledging that they have fully read them. This acceptance may consist, for example, of the Customer checking the box corresponding to the phrase accepting these T&C, for example with the statement "I acknowledge having read and accepted all the general terms and conditions of the Website". Checking this box will be deemed to have the same value as a handwritten signature from the Customer.

The acceptance of these T&C 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 authorization of a guardian, curator, or legal representative.

The Customer acknowledges the evidentiary value of the Seller's automatic recording systems and, unless they provide evidence to the contrary, waives the right to contest them in the event of a dispute.

The Editor provides the Customer, on its Website, with a privacy policy specifying all information relating to the use of the Customer's personal data collected by the Editor and the rights the Customer has regarding this personal data. The privacy policy is part of the T&C. Acceptance of these T&C therefore implies acceptance of the privacy policy.

Article 2 - Customer Account Creation

Creating a "customer account" is an essential prerequisite for any Customer order on this Website. For this purpose, the Customer will be asked to provide certain personal information such as their first and last name, email address, postal address, and telephone number, though this list is not exhaustive. In this regard, the Customer undertakes to provide accurate information. The Customer is responsible for updating their data. They must therefore promptly inform the Seller of any changes. The Customer is solely responsible for the truthfulness, accuracy, and relevance of the data provided.

In case of forgotten password, the Customer can generate a new one. This password constitutes the guarantee of confidentiality of the information contained in their "my account" section, and the Customer therefore agrees not to transmit or communicate it to any third party. Otherwise, the Seller cannot be held responsible for unauthorized access to a Customer's account.

The customer account allows the Customer to view all orders placed on the Website. If the data contained in the customer account section were to disappear following a technical failure or force majeure, the Seller's liability could not be engaged, as this information has no probative value but is only informative in nature. The pages relating to the customer account are freely printable by the Customer holding the account in question but do not constitute proof; they have only an informative character intended to ensure efficient management of their orders or contributions by the Customer.

Each Customer is free to close their account on the Website. To do this, they must send an email 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 T&C (including but not limited to, when the Customer has knowingly provided erroneous information during their registration and the creation of their personal space) or any account inactive for at least one year. Said deletion will not be liable to constitute damage for the Customer who will not be able to claim any compensation as a result. This exclusion does not exclude the possibility for the Seller to take legal action against the Customer when the facts justify it.

Article 3 - Order Placement Process and Purchase Process Description

The Products and Services offered are those listed in the catalog published on the Website. These Products and Services are offered subject to stock availability. Each Product is accompanied by a description established by the Seller based on the descriptions provided by the supplier.

The photographs of the Products in the catalog 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.

🔹 Purchase Process

We will define below as "Cart" the immaterial object grouping all Products or Services selected by the Website Customer for a purchase by clicking on these items. To proceed with their order, the Customer chooses the Product(s) they wish to order by adding them to their "Cart", the contents of which can be modified at any time.

Once the Customer considers they have selected and added to their cart all the Products they wish to purchase, they will have the opportunity, to validate their order, to access their cart 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, the Customer must check the box relating to the ratification of these T&C 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, they must provide certain personal information concerning them, necessary for the proper processing of the order.

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

Once the Customer has filled out the form, they will be invited to make their payment using the payment methods listed in the section of these T&C relating to payments. After a few moments, the Customer will be sent an email confirming the order, reminding them of the content of the order and its price.

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 - Pricing and Payment Methods

Unless otherwise stated, the prices shown in the catalog are prices in Euros including all taxes (TTC), 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 to modify its prices at any time 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 Website. Nevertheless, the price appearing in the catalog on the day of the order will be the only one applicable to the Customer.

🔹 Payment Methods

The Customer can place an order on this Website and can make their payment by credit card or bank transfer. Credit card payments are made through secure transactions provided by an online payment platform provider.

This Website does not have access to any data relating to the Customer's payment methods. Payment is made directly to the bank or payment provider receiving payment from the Customer. In the case of payment by check or bank transfer, the delivery times defined in the "Delivery" article of these T&C only begin to run from the date of actual receipt of payment by the Seller, the latter being able to provide proof of this by any means. The availability of Products is indicated on the Website, in the descriptive sheet of each Product.

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

Article 5 - Delivery

Delivery costs will be indicated to the Customer before any payment. The Website has no geographical delivery limitation; orders can be shipped worldwide.

In the case of delivery of a Product outside the territory of the European Union and in French overseas territories (DOM-TOM), the Customer declares themselves the importer of the Product and accepts that in such a case, the Seller may be materially unable to provide them with accurate information on the total amount of costs relating to customs duties or formalities or import taxes applicable in the country where delivery of the Product is requested.

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

🔹 Managing Anomalies

The Customer can refuse a package at the time of delivery if they notice an anomaly concerning the delivery (damage, missing Product compared to the delivery note, damaged package, broken Products, etc.); any anomaly must then be imperatively indicated by the Customer on the delivery note, in the form of handwritten reservations, accompanied by the Customer's signature. To exercise their right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have them take back the damaged merchandise. Failure to comply with these requirements means the Customer cannot exercise their right of refusal, and the Seller will not be required to grant the Customer's request to exercise the right of refusal.

If the Customer's package is returned to the Seller by the Post Office or by other postal service providers, the Seller will contact the Customer upon receipt of the returned package to ask them what they want to do with their order. If the Customer refused the package by mistake, they can request its resending by paying in advance for the postal costs for the new shipment. Postal costs must be paid even for orders where shipping costs were offered at the time of ordering.

In case of delivery error 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, according to Article L.221-18 and following of the Consumer Code), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from the Customer's clumsiness or false maneuver cannot be attributed to the Seller.

Any delay in delivery compared to the date or deadline indicated to the Consumer Customer during their order or, in the absence of a date or deadline indication at the time of ordering, exceeding thirty (30) days from the conclusion of the contract, may result in the termination of the sale at the initiative of the Consumer Customer, upon written request by registered letter with acknowledgment of receipt, if after having ordered the Seller to make the delivery, they have not done so. The Consumer Customer will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was denounced, of all sums paid. This clause is not intended to apply if the delivery delay is due to force majeure.

Article 6 - Right of Withdrawal and Withdrawal Form

In accordance with Article L.221-18 of the 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 from their order or from the conclusion of the contract for services, to withdraw. They will be required to return any Product that does not suit them and request exchange or refund without penalty, with the exception of return costs, within fourteen days from the receipt by Aden of the refund request.

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

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

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

The Seller also reserves the right to defer the refund until receipt of the Product or as long as the Customer has not demonstrated that they have 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's liability may be engaged.

🔹 Withdrawal Form

Article 7 - Exceptions to the Right of Withdrawal

The Website offers the sale of the following Products, for which the right of withdrawal of Consumer Customers cannot apply, pursuant to Article L.221-28 of the Consumer Code:

For jewelry with precious stones on gold and silver settings: there is no return or exchange possible for this type of jewelry made to order (the characteristics of the jewelry having been confirmed at the time of ordering and on the product description page by indicating its shipping date with the mention "SHIPPED WITHIN 20 BUSINESS DAYS"). Our jewelry adorned with precious stones being made especially for the customer, returns are not accepted, except if the item is damaged upon receipt or does not correspond at all to the order.

Once the order is confirmed, it cannot be canceled because our stones are imported directly from India, a global center for the supply of quality stones. Any modification or cancellation after placing an order with our Indian broker would result in significant costs and logistical complications.

Therefore, for all custom-made pieces (mentioned as deliverable in "20 business days" or more, or including a personalized engraving), the right of withdrawal does not apply. You explicitly accept this condition.

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

Services starting immediately after purchase and fully executed before the end of the withdrawal period do not allow the Customer to benefit from their right of withdrawal if they have expressed an explicit waiver of their right of withdrawal.

🔹 Sale Items Sold During Commercial Operations

Jewelry sold during commercial operations of Summer and Winter Sales is neither taken back nor exchanged, except in the case of receipt of defective or damaged jewelry upon delivery. This policy is implemented for the following reasons:

• Advantageous Prices: Jewelry sold during sale periods benefits from significant reductions, sometimes beyond 50%. These advantageous rates make it impossible to apply the same return or exchange conditions as for products sold at normal price.
• Stock Rotation: Sales allow clearing remaining stocks to make room for new collections. The inventory of these items is often limited and does not allow managing exchanges of sizes or models.
• Special Sales Conditions: Sale items are sold under specific sales conditions, communicated and accepted by the customer at the time of purchase.
• Condition of Items: Although discounted jewelry benefits from the same quality standards as other products, their sale at a reduced price does not allow offering the same after-sales services.

In case of receipt of a defective or damaged sale item, we undertake to proceed with a refund or an exchange according to the following terms:

• The customer must report the problem within 7 days from the receipt of the jewelry.
• Proof of purchase as well as a detailed description and photos of the defect or damage must be provided.
• After validation of the claim by our customer service, we will indicate the procedure to follow for the return of the jewelry.

Article 8 - Product Warranty

Each piece of jewelry from the ADEN Boutique is subject to legal warranties in force for a period of 1 year. Each piece of jewelry has a guarantee hallmark that assures you of the authenticity of our products and provides you with a guarantee against any manufacturing defect or hidden flaw. Your invoice, serving as a warranty, allows you in case of a proven defect, to return your jewelry to us for repair or exchange. In this case, if the warranty is applicable, ADEN covers the repair and shipping costs of your jewelry.

Note that this warranty will not apply to any jewelry that has been subject to any operation or resizing performed in a workshop other than that of ADEN.

In case of dispute regarding the application of the warranty, we will entrust your jewelry for expertise. However, we count on the transparency of our customers if an incident has occurred that implicates you on the jewelry and to report it to us. This is to avoid waiting for the expertise procedures and thus we will be happy to find the best possible arrangement to restore your jewelry, in a concern for the satisfaction of all our ADEN customers.

🔹 Warranty Exclusions

Not covered by the legal warranty:

• Damage resulting from accidents or improper or abusive use of the jewelry (shock, crushing, lost or broken stone, bent or broken claw, torn link or attachment...). We remind you that it is strongly advised not to sleep with these jewelry items as the pressure exerted during sleep can damage the stones or their setting.
• Damage resulting from repairs or disassembly not carried out by the ADEN workshop.
• The consequences of normal wear and aging of the jewelry (scratch, color alteration...).

Beyond these warranties, ADEN accompanies the life of your jewelry by ensuring any feasible repair. To allow one of our experts to examine your jewelry, please contact us before sending back your jewelry for repair, by email or phone: [email protected] or 0614068153.

🔹 Returns and/or Exchanges

• For precious jewelry, with precious stones on gold and silver settings: there is no return or exchange possible for this type of jewelry made to order especially for the customer. The characteristics of the jewelry, size, type and color of stone... choice of metal, 925 silver, 14K gold and 18K gold, having been confirmed at the time of ordering.

Specific Clause for Precious Stones

For precious stones sold alone or for jewelry ornamentation, any confirmed order cannot be canceled or modified. Since 2003, we have collaborated with trusted brokers in India to guarantee the superior quality of our gems. Once the order is placed with our brokers, it is impossible for us to cancel or modify this order without additional costs or significant logistical complications.

Therefore, any request for cancellation or modification of a precious stone order in progress will be refused in order to maintain our commitment to quality and customer satisfaction. No exchange or refund is possible once the stones are delivered, and any subsequent handling may alter their quality.

For precious stones sold alone, no warranty is offered due to the delicate and unique nature of each gem, which can be easily altered or damaged by subsequent handling. This absence of warranty is also justified by the inherent risks in the transport and handling of precious stones, as well as by the need to maintain our commitment to quality and customer satisfaction.

• For costume jewelry, in mother-of-pearl, coral and natural stones on gold-plated and silver settings: it is possible to return your jewelry for an exchange or refund within 14 days from the date of delivery of your jewelry.

🔹 Repairs

The shipping costs for returning your jewelry sent for repair are as follows:

• Shipping costs are borne by ADEN if the legal warranty in force (specified previously) applies.
• Shipping costs are borne by the customer if the jewelry is no longer under warranty (more than one year from the date of purchase) or if the damage is outside the warranty.

Article 9 - Customer Service

The customer service of this Website is accessible by email at the following address: [email protected] or by postal mail at the address indicated in the legal notices.

Aden also provides its Customers with a hotline, or telephone assistance, to answer their questions. Telephone assistance can be contacted by phone at +33614810653 (non-premium rate number).

Article 10 - Liability

The Seller Aden cannot be held responsible for the non-performance of the contract concluded due to the occurrence of a force majeure event. Regarding the Products purchased, the Seller will not incur any liability for any indirect damages resulting from these presents, loss of operation, loss of profit, damages or expenses, which might occur.

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, particularly due to hardware incompatibility, cannot give rise to any compensation, refund, or liability of the Seller, except in the case of a proven hidden defect, non-conformity, defect, or exercise of the right of withdrawal if applicable, that is, if the Customer is not a Consumer Customer and the contract entered into to acquire the Product or Service allows withdrawal, according to Article L 221-18 and following of the Consumer Code.

The Customer expressly admits to using the Website at their own risk and under their exclusive responsibility. The Website provides the Customer with information for indicative purposes, with imperfections, errors, omissions, inaccuracies, and other ambivalences likely to exist. In any case, Aden cannot under any circumstances be held responsible for:

• any direct or indirect damage, particularly with regard to lost profits, loss of business, loss of clientele, data that may, among other things, result from the use of the Website, or conversely from the impossibility of its use;
• a malfunction, unavailability of access, misuse, improper configuration of the Customer's computer, or the use of a browser little used by the Customer;
• the content of advertisements and other external links or sources accessible by Customers from the Website.

The photographs and visuals of the Products presented on the Website have no contractual character, the responsibility of the Seller cannot therefore be engaged if the characteristics of the Products differ from the visuals present on the Website or if the latter are erroneous or incomplete.

Article 11 - Intellectual Property Rights

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

Any Customer who would be guilty of counterfeiting would be likely to have their account deleted without notice or compensation and without this deletion constituting damage to them, without prejudice to any subsequent legal proceedings against them, at the initiative of the Seller or its agent.

The brands and logos contained in the Website are likely to be registered by Aden, or possibly by one of its partners. Any person proceeding to their representations, reproductions, nesting, distribution, and redistribution incurs the sanctions provided for in Articles L.713-2 and following of the Intellectual Property Code.

Article 12 - Severability of Clauses

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

These T&C replace all previous or contemporary written or oral agreements. The T&C are not assignable, transferable, or sub-licensable by the Customer themselves.

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

Article 13 - Applicable Law and Mediation

These T&C are governed by and subject to French law.

Subject to public policy provisions, any disputes that may arise in the context of the execution of these T&C may, before any legal action, be submitted to the assessment of the Website Editor with a view to an amicable settlement.

It is expressly recalled that requests for amicable settlement do not suspend the time limits for bringing legal actions. Unless otherwise provided, of public policy, any legal action relating to the execution of these T&C must be submitted to the jurisdiction of the courts of the place of domicile of the defendant.