General Terms and Conditions of Sale

Effective May 15, 2021

ARTICLE 1 – Scope of application

The present General Terms and Conditions of Sale (referred to as “T&Cs”) apply without restriction or reservation to all sales concluded by the Seller with non-professional buyers (“The Customers or the Customer”), wishing to acquire the jewelry offered for sale online (hereafter “The Products”) by the Seller on the website www.aupiho.com. The products offered for sale on the site are as follows: 18K gold jewelry.

These T&Cs are available at all times on the website www.aupiho.com and will take precedence over any other document.

Any internet user can read the T&Cs on the website www.aupiho.com (hereafter the “Site”). Since these T&Cs are subject to modifications, the applicable conditions are those in effect on the Site at the date of your order.

The Customer declares to have read and accepted these T&Cs by ticking the box provided for this purpose before initiating the online ordering process on the website www.aupiho.com. Using this website implies the Client’s acceptance of these T&Cs.

Unless proven otherwise, the data recorded in the Seller’s computer system constitute proof of all transactions concluded with the Customer.

The Seller’s contact details are as follows:

AUPIHO with its head office located at:

188 route d’Eyguières
13200 ARLES FRANCE
Registration number: 885394247
Email: hello@aupiho.com
Phone: 06/77/26/72/76
VAT Number: FR34885394247
Website host: OVH
Director of publication: Pauline CANALI

ARTICLE 2 – The Products

The main characteristics of the Products, including the specifications, illustrations, and indications of the dimensions of the Products, are presented on the website www.aupiho.com, which the customer must review before ordering.

We inform the Customer that the photographs illustrating our Products may slightly differ from reality due to the Client’s screen settings and lighting during the photo shoot.

Furthermore, as these are artisanal creations, items may display irregularities in finish, differences in size, weight, and/or shades inherent to this type of production, which cannot be considered as major defects. The Company’s liability cannot be questioned, nor can the validity of the order be affected.

In any event, the presentation photos of the Products offered in the electronic catalog of the site are not contractual and cannot bind the Company’s liability towards the Customer.

The Company reserves the right to correct the content of the site.

A Product available for sale on the Site means that the Product is in stock.

A Product indicated as “delivery time” 6 to 8 weeks is not in stock and must be manufactured before being delivered to you. You are informed of this on the Product page and in your cart.

The choice and purchase of a Product are the sole responsibility of the Customer.

Product offers are available while stocks last, as specified when placing the order.

ARTICLE 3 – Prices

Products are supplied at the current prices shown on the www.aupiho.com website, at the time the order is registered by the Vendor. For European Union countries, VAT is included in the sale price of each item.

Prices are displayed in euros, excluding VAT and including VAT (European VAT and other applicable taxes):

• The cost of processing your order
• Preparation and packaging costs, including the case in which your jewel will be delivered

We reserve the right to modify our prices at any time without prior notice. Products already ordered will be invoiced according to the rates in effect at the time your order is placed.

Prices do not include shipping and delivery costs, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed.

The payment requested from the Customer corresponds to the total amount of the purchase, including these charges.

An invoice is issued by the Vendor and given to the Customer upon delivery of the Products ordered.

The prices displayed on the site correspond to the recommended prices to be applied in our Partners’ stores in France. In no case, this recommended price, engage our responsibility.

ARTICLE 4 – Orders

Orders can be placed via the website www.aupiho.com.

It is the Customer’s responsibility to select the Products they wish to order on the www.aupiho.com website, in accordance with the following procedures:

The customer chooses one or more pieces of jewelry and places them in the shopping cart. They may modify the quantity or delete the items in their basket. They can access their Order summary at any time by consulting their Shopping Cart.

They must then create an account or log in to finalize their order.

Shipping costs are fixed for France.

After accessing the summary of his/her Order, the Customer confirms acceptance of his/her Order by ticking the box to validate the TOS/TCS, then clicking on validate my order.

Once the order has been validated, the customer will be asked to pay either by credit card or bank transfer. The order is only validated once the payment has been made.

Product offers are valid as long as they are visible on the site, while stocks last.

The sale will not be considered valid until full payment has been received. It is the Customer’s responsibility to check the accuracy of the order and to report any errors immediately.

Any order placed on the www.aupiho.com website constitutes the formation of a distance contract between the Customer and the Vendor. The language available for concluding the contract with the www.aupiho.com site is French.

The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

Any cancellation of the order by the Customer after its acceptance by the Vendor will only be possible in the following cases:

• If the jewel is in stock, the customer can cancel the order before delivery (1 day after the order).
• If the jewel is on order, the customer has 1 week to cancel the order after acceptance of the order by the Vendor and as long as delivery has not taken place (independently of the provisions relating to the application or not of the legal right of retraction).

For jewelry in stock:

Shipping generally takes 3 to 5 working days in France from the time your order is validated (for orders placed before noon on a working day). For other European countries, 5 to 8 working days.

For jewelry with a manufacturing lead time :

Shipping generally takes 6 to 8 weeks in Europe from the time your order is validated.

For any other destination, delivery will be the subject of a special request to our customer service department, which will provide the customer with a quote for shipping costs. Customers should send an e-mail to customer service to make their request.

Finally, the Customer pays for his Order in accordance with the terms and conditions specified in ARTICLE 4 et seq. of these GCS.

We will then send the Customer an Order confirmation by e-mail, containing the details of the Order summary and the delivery and invoicing addresses entered.

ARTICLE 5 – Customer area – Account

In order to place an order, the Customer is invited to create an account (personal space).

To do so, he/she must register by filling in the form provided at the time of ordering, and undertakes to provide truthful and accurate information concerning his/her civil status and contact details, in particular his/her e-mail address.

The Customer is responsible for updating the information provided. He/she is informed that he/she can modify it by logging into his/her account.

To access his personal space and order history, the Customer must identify himself using his user name and password, which are strictly personal and will be communicated to him after registration. The Customer agrees not to divulge them to any third party. Should this not be the case, the Customer shall remain solely responsible for any use made thereof.

The customer may also request to unsubscribe by going to the dedicated page in his personal space or by sending an e-mail to : hello@aupiho.com. This will take effect within a reasonable time.

In the event of non-compliance with the general terms and conditions of sale and/or use, the www.aupiho.com website may suspend or even close a customer’s account after a formal notice has been sent electronically and has remained without effect.

Any deletion of an account, for whatever reason, will result in the deletion of all the Customer’s personal information.

The Vendor shall not be held liable for any event due to force majeure resulting in a malfunction of the site or server, subject to any interruption or modification in the event of maintenance.

The creation of an account implies acceptance of these terms and conditions of sale.

ARTICLE 6 – Terms of payment

Customers may pay for their orders by credit card or bank transfer.

Payment cards accepted are : CB, MasterCard® and Visa®.

The order is paid by secure payment (the customer must check with his bank that he has 3D secure).

Payment by credit card :

The site uses the Sherlock payment system from LCL, a bank specializing in secure online payments. This system guarantees total confidentiality of the customer’s banking information. The credit card transaction between the customer and the secure system is fully encrypted and protected. The Customer’s bank details are not stored by the Company.

At the time of payment, the bank requests personal information from the Customer in order to verify the identity of the cardholder and validate the transaction. The customer must provide his/her credit card number, depending on the type of card, its expiry date and the cryptogram number (shown on the back of the card).

The price is payable in full by the Customer on the day the order is placed.

Payment by bank transfer :

In the case of payment by bank transfer, the Customer has eight (8) working days from order confirmation to transfer the agreed sum. A reminder will be sent to the Customer within 8 days if the expected sum has still not been received on the Vendor’s bank account (the details of which are communicated to the Customer when the order is placed).

The order may be cancelled if the Customer has not made the bank transfer within the specified time.

Payment in 3 free instalments:

Where this option is indicated on the www.aupiho.com website, the customer may pay according to the following terms and payment schedule: in 3 equal instalments, every 1st of the month.

In this case, in the event of late payment and payment of sums due by the Customer beyond the above-mentioned deadlines, and after the payment date shown on the invoice sent to the Customer, late payment penalties calculated at the legal rate applicable to the amount of the purchase price shown on the said invoice, inclusive of tax, will be automatically due to the Vendor, without any formality or prior formal notice.

Late payment will result in the immediate payment of all sums due by the Customer, without prejudice to any other action that the Vendor may be entitled to take against the Customer in this respect.

In addition, the Vendor reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the delivery of current orders placed by the Customer.

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider for banking transactions carried out on the www.aupiho.com website.

Payments made by the Customer will not be considered final until the Seller has received the sums due.

When validating the order form, the Customer guarantees the Company that he/she is in good standing with the issuer of the payment card.

The Vendor shall not be obliged to deliver the Products ordered by the Customer if the latter does not pay the price in full in accordance with the above conditions.

For security reasons, we reserve the right to refuse payments and cancel orders:

• For non-referenced delivery addresses, hotels or P.O. boxes
• If we are unable to contact the person who placed the order
• If you have any doubts about the validity of your order.

ARTICLE 7 – Deliveries

Deliveries are made in mainland France and Europe.

Deliveries are made within :

• For jewelry in stock, 3 to 5 working days in France and 6 to 8 days for other European countries (for orders placed before noon on a working day and payment validated).
• For made-to-order jewelry, 3 to 5 weeks (once payment has been confirmed).

The Product ordered is delivered to the address indicated by the Customer when ordering on the site. The delivery address may differ from the billing address.

Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or when one or more Products are unavailable, all Products ordered will be delivered at once.

The Vendor undertakes to use its best efforts to deliver the Products ordered by the Customer within the time limits specified above.

When the customer’s Order is ready, he will be informed by e-mail that it has been dispatched.

The Customer will be able to track the delivery of his Order by means of a tracking number which will be sent to him by Customer Services as soon as his Order has been dispatched.

In accordance with the provisions of article L.121-20-3 of the French Consumer Code, the Company undertakes to deliver the Products ordered within a period not exceeding 30 days from the day following the Order, subject to full payment of the price by the Customer.

If the Customer is absent when the parcel is delivered, he/she must contact the carrier directly to arrange a new delivery. If the Customer cannot be delivered, the parcel will be returned to us. We will then offer to reship the parcel at the customer’s expense.

The Customer must ensure that the information provided in article 4.6 of these GTS is correct, and that it remains so until full delivery of the Products ordered. The Customer therefore undertakes to inform the Company of any change in billing and/or delivery details that may occur between the Order and dispatch, by sending an e-mail without delay to the e-mail address hello@aupiho.com. Should the Customer fail to do so, the Company shall in no way be held liable in the event of late delivery, incorrect delivery or non-delivery.

Deliveries are made by an independent carrier, to the address given by the Customer at the time of ordering and to which the carrier has easy access.

In the event of a specific request from the Customer concerning the packaging or transport conditions of the Products ordered, duly accepted in writing by the Vendor, the related costs will be subject to specific additional invoicing, on the basis of an estimate previously accepted in writing by the Customer.

The Customer must check the condition of the Products delivered.

In the event of damage, the Customer must express his/her reservations clearly and precisely on the delivery note, a copy of which will be sent to the Company by the carrier. In this respect, it is the Customer’s responsibility to check the contents, conformity and condition of the Product upon delivery. This verification is deemed to have been carried out as soon as the Customer, or a person authorized by the Customer, has signed the delivery note presented by the carrier.

The customer has a maximum of 2 days from delivery to lodge a complaint.

You can make a complaint by post or e-mail, accompanied by all relevant supporting documents (photos in particular). If you fail to comply with these formalities, the Products will be deemed to be in conformity and free from any apparent defect, and no complaint will be validly accepted by the Vendor.

The Vendor will reimburse or replace, as soon as possible and at its own expense, any Products delivered which the Customer has duly proved to be lacking in conformity or to have apparent or hidden defects, in accordance with the conditions set out in Articles L 217-4 et seq. of the French Consumer Code and those set out in these GCS.

The transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller’s risk. In this respect, the risks are transferred at the time the goods are handed over to the carrier.

If you notice an error in the preparation of your order, please notify us by email at hello@aupiho.com.

ARTICLE 8 – Transfer of Ownership

The transfer of ownership of the Seller’s Products to the Customer will only occur after full payment of the price by the Customer, regardless of the delivery date of said Products.

ARTICLE 9 – Right of withdrawal

Under the terms of article L221-18 of the French Consumer Code, the customer has 14 calendar days to withdraw from the purchase, without having to provide any justification.

The 14-day period runs from the day on which the Customer or a third party, other than the carrier, designated by the Customer receives the item ordered.

The right of withdrawal may be exercised online, using the withdrawal form available at the end of this ARTICLE, which may also be downloaded here , and sent to the Vendor at the postal address or e-mail address indicated in ARTICLE 1 of the GCS.

The Customer must return the Product within 14 days of notification of withdrawal.

However, we will only accept the exchange or refund of the jewellery if all the following conditions are met:

1/ The Product must not have been worn, used, modified, washed, damaged, soiled or be incomplete; it will not be taken back. In accordance with the law on the right of withdrawal, any item of jewellery that has been modified at the customer’s request (ring, bracelet or necklace sizing or engraving) cannot be exchanged or reimbursed.

2/ The Product must be returned in its original packaging and complete (packaging, case, accessories, warranty certificate, etc.) allowing it to be remarketed in new condition, accompanied by the purchase invoice.

3/ Le Produit devra être retourné par envoi recommandé, ou par tout autre moyen donnant date certaine et avec signature, maximum 14 jours après la réception du colis. Les frais et risques de retour restent à charge du Client. Si le produit est perdu par le transporteur lors de cet envoi, le Client en est le seul responsable et ne pourra pas être remboursé.

– In the event that the return of the Product by the Customer is due to an error on the part of the Company such as a Product missing from the order or a Product received that does not conform (subject to ARTICLE 5 of these GTCS) or an apparent defect in the Product, the Company undertakes to reimburse, in addition to the purchase price of the Product, the shipping costs incurred by the Customer for the delivery of the Product.

The Customer must report the error by e-mail to the following address hello@aupiho.com

– No reimbursement will be made to Customers who have not exercised their right of withdrawal under the conditions described in this Article.

– Any return that does not comply with the conditions set out in this ARTICLE will be rejected and the Product will be returned to you at your expense.

– On receipt of the returned Product, after verification, reimbursement will be made in the form of a bank transfer to the bank account/bank card used to pay for the order.

The exchange (subject to availability) or refund of your entire order, excluding any delivery costs, will be made within 14 days of receipt by the Vendor of the Products returned by the Customer in accordance with the conditions set out in this article.

Withdrawal form

Date …………………………………………………..

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.aupiho.com, except in the case of exclusions or limits to the exercise of the right of withdrawal in accordance with the applicable General Terms and Conditions of Sale.

For the attention of

AUPIHO
188 route d’Eyguières
13200 ARLES

I hereby give notice of withdrawal from the contract for the goods below:

– Ordered on: ………….. (indicate date)

– Jewellery description: …………..

– Order number: …………………………………………………..

– Customer name: …………………………………………………..

– Customer’s address: …………………………………………………..

Customer’s signature (only if this form is sent on paper)

ARTICLE 10 – Seller’s liability – Warranty policy

The Products supplied by the Seller benefit from :

The legal guarantee of conformity, for Products that are defective, damaged or do not correspond to the order,
The legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the Products delivered and rendering them unfit for use,
Provisions relating to legal guarantees :

Article L217-4 of the French Consumer Code

“The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was his responsibility under the contract or was carried out under his responsibility”.

Article L217-5 of the French Consumer Code

“The goods are in conformity with the contract :

1° If it is fit for the purpose normally expected of similar goods and, where applicable :

– if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model ;

– if it has the qualities that a buyer may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.”

Article L217-12 of the French Consumer Code

“Any action resulting from a lack of conformity must be brought within two years of delivery of the goods.

Article 1641 of the French Civil Code.

“The seller is liable for any hidden defects in the item sold that render it unfit for its intended use, or that impair this use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, if he had known about them.

Article 1648 paragraph 1 of the French Civil Code

“The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect”.

Article L217-16 of the French Consumer Code.

“When the buyer asks the seller, during the period of the commercial guarantee granted to him at the time of the purchase or repair of a movable item, for a repair covered by the guarantee, any period of immobilisation of at least seven days is added to the duration of the guarantee that was still running. This period runs from the date of the purchaser’s request for service or from the date the item in question is made available for repair, if this is subsequent to the request for service.

In order to assert his rights, the Customer must inform the Vendor, in writing (e-mail or letter), of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered.

Le Vendeur remboursera, remplacera ou fera réparer les Produits ou pièces sous garantie jugés non conformes ou défectueux.

Postage costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed on presentation of supporting documents.

Reimbursements, replacements or repairs of Products deemed to be non-compliant or defective will be made as soon as possible and at the latest within 30 days of the Vendor’s finding of the non-compliance or hidden defect. This refund will be made by transfer to the account used for payment of the order.

The Vendor may not be held liable in the following cases:

• Non-compliance with the legislation of the country to which the Products are delivered, which it is the Customer’s responsibility to check,
• In the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.
• The photographs and graphics presented on the site are not contractual and the Seller cannot be held responsible for them.

The Vendor’s guarantee is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.

Provisions relating to AUPIHO guarantees :

Aupiho jewellery is guaranteed for 1 year from the date of purchase on presentation of your invoice.

The warranty only covers manufacturing defects and hidden defects.

This guarantee does not cover damage to the Products which, in the opinion of Aupiho, is caused by you: inappropriate use, normal wear and tear, modification, attempted repair, negligence, poor maintenance, accident, impact, scratching, etc.

This guarantee cannot be applied if your jewellery has been “resized” or repaired by a jeweller other than Aupiho.

In the case of repair of damage caused by you, the Company will provide you with an estimate prior to any repair. This estimate must be accepted by you in writing.

Repair or reconditioning (after-sales service)

To send us your warranty repair request, send us an e-mail or call us and we will send you the procedure to follow:
hello@aupiho.com
Tel: (+33)6 77 26 72 76
Monday to Friday, 9.30am to 12.30pm and 1.30pm to 5.30pm (French time).
The Product found to be defective must be sent at your expense to the Company’s head office. We advise you to send gold jewellery at its declared value (by recorded delivery with insurance).

The Company declines all responsibility in the event of damage, loss or theft during transport.

The Company will carry out an inspection upon receipt of the Product:

-If the return of the Product is due to a manufacturing defect or latent defect that falls within the scope of the Aupiho guarantee, we will cover the repair costs as well as the transport costs.

If it is impossible to repair or replace the Product or if it takes longer than 2 months from the date of your complaint, you may return the Product and we will refund the amount to the account used for the purchase.

– If the return of the Product is the result of damage for which you are responsible (impact, scratches, rhodium plating, resizing, etc.), and the jewellery is not covered by the terms of AUPIHO’s legal warranty above, we will offer you a repair service.

If the repair is possible and if the jewel is truly an Aupiho jewel with the Aupiho logo + hallmark, we will send you an estimate and a repair deadline.

Before any repair, you must validate the estimate. Otherwise, the return will be at your expense and under your responsibility.

In both cases, you must return the AUPIHO Product in its original packaging, with the warranty certificate and a copy of the invoice, to the Company’s address (ARTICLE 1). We advise you to send gold jewellery by registered post with insurance.

The Company declines all responsibility in the event of damage, loss or theft during transport.

If your jewellery was not purchased from the Aupiho online boutique, please contact the boutique where the purchase was made directly.

The sale cannot be cancelled if the lack of conformity is minor.

The Customer must keep the invoice in the event of a warranty claim. The invoice serves as proof of purchase or authenticity of the products purchased on the Site and as evidence of the right to this guarantee.

The Company reserves the right to modify or adapt these warranty conditions at its discretion, at any time. This warranty does not affect your legal rights.

How to make a warranty claim

You can file a warranty claim by: sending us an e-mail or calling us, we will send you the procedure to follow

hello@aupiho.com
Tel: (+33) 6 77 26 72 76

Monday to Friday, 9.30am to 12.30pm and 1.30pm to 5.30pm (French time).

We advise you to send your gold jewellery at its declared value (by recorded delivery with insurance).

The Company declines all responsibility in the event of damage, loss or theft during transport.

ARTICLE 12 – Politique de confidentialité concernant les cookies

To view our privacy policy regarding cookies please click here.

ARTICLE 13 – Intellectual property

The content of the www.aupiho.com website is the property of the Seller and its partners and is protected by French and international intellectual property laws.

Any total or partial reproduction of this content is strictly forbidden and may constitute an infringement of copyright. You are not authorized to download, reproduce, copy, exploit or modify all or part of this Site without our express written authorization.

The Site may contain links to other sites on the Internet. These other sites are not under our control and we cannot be held responsible for the accuracy, intellectual property rights, legality, decency or any other aspect of the content of these sites.

ARTICLE 14 – Applicable law – Language

These General Terms and Conditions of Sale and the transactions arising from them are governed by and subject to French law.

These terms and conditions are written in French. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

ARTICLE 15 – Disputes

For any complaint, please contact customer service at the Seller’s postal or e-mail address indicated in ARTICLE 1 of these GTCS.

The customer is hereby informed that, in the event of a dispute, he/she may have recourse to conventional mediation, with existing industry mediation bodies, or to any alternative dispute resolution method (conciliation, for example).

Customers are also informed that they may also use the Online Dispute Resolution (ODR) platform:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes arising out of or in connection with the purchase or sale of goods pursuant to these GTCS, which are not settled amicably by the seller or by mediation, shall be submitted to the competent courts under the conditions of ordinary law.

The fact that an individual (or legal entity) places an order on the www.aupiho.com website implies full acceptance of these Terms and Conditions of Sale, which you expressly acknowledge.