General Terms of Sales

These general conditions of sale and use of the site (hereinafter, the “Terms”) apply between:

The company LERY Paris, a simplified joint stock company with registered capital of 39,000 euros, registered with the Trade and Companies of Paris under number 491 085 791, VAT number FR 45 49 10 85 791, whose head office is located 16 rue de la Paix 75002 Paris (hereinafter, “We”, “Our”, “We” or “LERY”) and

Any natural person acting exclusively in the strict framework of his personal needs, who consults the website www.lery.com (hereinafter, the “Site”) and / or makes a purchase from LERY (hereinafter “You “,” Your “,” Your “,” User “or” Internet User “).

We invite you to read the contract carefully (as defined below) before using the Website and / or placing any order with LERY insofar as this Agreement affects your rights and obligations. Mere use of Site and / or the award of any order is / are worth understanding and agreement irrevocable part of your contract. If you do not agree with any of these provisions, you are not allowed to use any part of the Site and / or placing any order.

Article 1 – General Provisions

1.1 Useful addresses

You can contact us at +33 01 42 60 07 05 Monday to Friday from 10h30 to 19h (French time).

The site is hosted by OVH.

1.2 Scope of Contract

Your use of the Site and / or purchase made from LERY are expressly and exclusively governed by (i) the conditions, (II) Our Data Protection Policy and (III) all other terms and conditions published or otherwise referenced from time to time another on the Site (collectively, the “Agreement”). Please note that conditions prevail in case of conflict, unless expressly provided otherwise, all other terms and conditions mentioned in section (III) above.

1.3 Contract Changes

The Contract may at any time be revised, updated or otherwise be subject to change, in whole or part, given that when you place an order on the Site, the applicable conditions are those in effect on the Site at the date Registration of Your order.

1.4 Certificates

All the diamonds We deliver You are provided with a diamond certificate from an independent gemological laboratory, the GIA (Gemmological Institute of America), which describes its own characteristics and has a unique reference number. This certificate or a translation of the certificate will be provided (e) in French or if you request it.

Article 2 – Prices – Payment

2.1 The prices of our products are indicated in euros, all taxes included. We invite you already to visit the following link (delivery) for more information on possible shipping charges and other processing fees that may apply and, if applicable, will be shown during the placing your order. You should contact us (see section 1.1) if you want to be delivered outside the European Union.

2.2 For orders to countries other than France, you are the importer of the product (s) ordered (s). For all products shipped outside the European Union, the price will be calculated excluding taxes automatically on the invoice. Customs duties, other local taxes, import duties or state taxes may be payable. These rights are not of Our spring and do not fall under our responsibility. They will be full to Your load and under Your responsibility, both in terms of statements and payments to the authorities and / or agencies. We advise You to consult the appropriate authorities in your country.

2.3 An invoice will be issued and will be sent upon receipt by Us of Your order (see article3.2.3 below).

2.4 All orders are payable in euros.

2.5 LERY reserves the right to change prices at any time without notice, subject to section 1.3 above. The right products already ordered and will be invoiced on the basis of rates in effect at the time of registration of your order.

2.6 You can pay your orders:

(I) by credit card (Visa, MasterCard, American Express or Carte Bleue);

(II) by Paypal.

Article 3 – Ordering and delivery

3.1 Conditions to place an order

You state:

– Be at least 18 years and have the legal capacity to make and fulfill any order or holds parental permission allowing you to make and to honor all orders and be able to justify at any time on our request;

– Be an individual acting in your personal needs (in the sense that any particular order that you make must meet the normal needs of an individual).

3.2 Placing of the order

3.2.1 Specific provisions for placing an order on the Site

We acknowledge receipt of your order if the following steps are followed:

Step 1: You must enter all the data that you requested, namely:

– Your full name;

– Your contact information (phone and email);

– Your exact billing address (for security reasons, we ask that the billing address is the one recorded by the issuer of your credit card, to protect you from possible fraudulent use);

– Your exact delivery address (PO boxes are not accepted);

– Your payment method.

Step 2: to validate your order, you must:

– Review the data you have entered and correct any errors;

– Check the box confirming that You have read and that you accept without reservation the Contract;

– Click on “validate”.

Step 3: After validating your order, you must still confirm a precaution. For this, you must:

– Review the details of your order, including the total price;

– Click on “confirm”.

3.2.3 Receiving Your Order

Upon registration of your order on the Site, and within a maximum period of 2 (two) business days of such registration, We acknowledge receipt of your order and inform you in. LERY is not bound by the order that from the dispatch of the acknowledgment. LERY reserves the right to refuse any order for a User, on good cause, particularly if there is a doubt or a dispute over payment of a previous order.

3.2.4 Changes to Your Order

Changes by You:

Until the sending of your purchases Date (We inform you what – see below), you have the ability to modify all or part of your order (including by adding or removing one or more products). Any changes are analyzed in a new order that fully cancel the previous one and will respect the process described above (order on the site or by telephone) to be taken into account by LERY. This ability to modify the order does not apply to orders for customized products or engraved to Your request.

Changes by Us in the event of unavailability of the product:

Our product offerings and prices are valid within the limits of available products. If it should happen that some of the products you have ordered are no longer available, We pledge to replace them with quality products at least (like the diamond certificate testifies) without changing the price of your order. We inform you as soon as we become aware of such unavailability, will notify you if any of the new delivery time and leave you in any case the possibility of the cancellation of your order.

We we reserve the right to cancel all or part of an order in the event of failure of one of our suppliers as well as force majeure. We will notify you as soon as We shall have knowledge and will reimburse any amount that you would have already paid us in connection with the canceled order or portion control.

3.3 Delivery

3.3.1 Information

We inform you in writing of sending your articles.

We are addressing you in writing at or before the time of delivery confirmation at least the following information:

– Our identity (name, telephone number, registered office), delivery charges, terms of payment, delivery or performance (but only if your order was placed by telephone);

– The conditions and procedures for exercising the right of withdrawal;

– The address where you can train your possible claims;

– You have the guarantees after delivery.

– The shipping date of your order and the delivery date

3.3.2 Place of delivery

The products are delivered to the delivery address you indicated during the ordering process.

3.3.3 Delivery

Unless manufacturing deadlines, processing, shipping, and / or routing longer required (what we notify you upon receipt of your order), products ordered are delivered within ten (10) business days from the receipt of your order (see Section 3.2.3 above).

Delivery shall be deemed to involve the date of first presentation of the products at the delivery address.

3.3.4 Shipping costs

Shipping fees are free for orders in France.

Shipping fees are requested for all orders outside France

3.3.5 Late delivery

We invite you to consult regularly track your order on the site (under “My Orders”) or by calling our advisors (section 1.1 above).

We will keep you informed of any shipping delay for which we would have knowledge. In this case :

– If the product has not yet been sent, you can proceed to the cancellation of your order;

– If the product has already been sent to you, you can proceed to the cancellation of your order by following the instructions in section 4 below.

If you order several products at the same time and only some of them are delayed, we can split shipments. In this case :

– Only products shipped will be charged;

– Shipping late shipped products will be free;

– The above provisions relating to the cancellation of the order will be applicable to products which are delayed.

3.3.6 Comments on the delivery or the delivered products

You must check the package and product delivery. If you have any reservations or observations demonstrating that the products are returned, You must do this indicated in section 4 below.

3.3.7 Property – Risks

The transfer of ownership on the products on or after the full payment. The transfer of risk on products takes place at the delivery of products.

Article 4 – Returns

4.1 Right of withdrawal

Pursuant to Article L. 121-20 of the Consumer Code, you have a period of fourteen (14) days from the receipt of the products to exercise your right of withdrawal, without justification or penalties . Returns costs are borne by LERY. You must attach proof of your shipment so that the repayment is made.

To do this, you must inform the LERY customer service in writing or by phone (see section 1.1 above) of your decision before we return the products, and then follow the return process described on the Site (return process ).

We will refund within thirty (30) days of the date your withdrawal right has been exercised.

4.2 Money Back

Beyond the aforementioned right of withdrawal and up to fifteen (15) days after delivery, We will leave us the opportunity to return the ordered products that do not give you complete satisfaction for refund, exchange or delivered to size.

To do this, You must inform the LERY customer service in writing or by phone (see section 1.1 above), in particular in order to obtain a special code back to your decision before we return products, we indicate the reason for your return and follow exactly the return process described on the Site (return process).

– If You We return the products for delivery to size or exchange, the cost of return and the new shipping costs will be borne by LERY; upon receipt of the products delivered to size or exchanged, You will no longer benefit from the provisions of Articles 4.1 and / or 4.2 above; A discount in size of a ring will take an average of three days (of receipt and acceptance of the ring with our workshop).

– If You We return the products for exchange or refund, return shipping costs will be at your expense; We will refund the price corresponding to the value of the products not later than fifteen (15) days of the date your return was accepted by LERY, as indicated in section 4.3 below.

4.3 Acceptance Conditions Returns

Returns under sections 4.1 and 4.2 above will be accepted by LERY and not give rise to refund or exchange if:

(I) the return process described on the Site has been respected;

(II) products are returned to us complete (original of the certificate provided if this is the case, props, setting, subjects …), in perfect condition and accompanied by a copy of the original invoice; and the items returned incomplete, damaged or soiled will in no case taken; it is specified that if LERY accepts, despite the absence of the certificate (if it was provided to you) Your return, replacement of the certificate will be charged 200 (two hundred) euros HT or 239.20 (two hundred thirty nine euros and twenty cents) tax that will be deducted from the refund and / or give rise to invoicing;

(III) Our specialists confirm that the frame and stone, or any other component of the product are consistent with the product that was sent to you, without damage, modification or intervention of any kind.

In addition, products that have been at your request, a custom or special registration (including the frame which would have been engraved or whose (s) diamond (s) will (are) the subject of facts a laser inscription or other, outside the certificate number) will not be refunded or exchanged.

4.4 Refund and exchange

Any refund will be made either by crediting your credit card or by Paypal refund.

In case of exchange, if the new order is in excess to the order resulting in the exchange, the user must join the exchange request for the balance. Conversely, if the amount of the exchange is less than the amount of the order, the User will receive the same conditions as those referred to above a refund of the overpayment.

Article 5 – Guarantees

5.1 Warranty for products

5.1.1 Contract Security

We guarantee it or diamond (s) set (s) to which the jewel is delivered is or are in line (s) to (x) diamond certificate accompanying it, if your purchase comes from the creative workshop . The jewelry does not require certificate are the jewels whose carat weight is less than 0.30 ct. Furthermore, the jewels are guaranteed against defects for their lasting two (2) years from delivery (parts and labor). We undertake to reimburse you or you share in our choices, apparently defective jewelry You We turn back during this period.

This warranty You will however be granted if:

(I) all the conditions described in section 4.3 (i) to (iii) are met;

(II) the failure which you are relying You do not arise:

– Abnormal or improper use;

– To wear or normal aging;

– Accidental event or, more generally, to an external cause (such as the intervention of unauthorized third on Jewel).

Moreover, shipping and jewelry returns to our full load.

5.1.2 Legal guarantees

Regardless of the security referred to in 5.1.1, LERY still held the lack of conformity of the product with the Contract and from latent defects in accordance with sections 1641-1649 of the Civil Code:

“Article L. 211-4 of the Consumer Code. The seller must deliver goods in conformity with the contract and liable for defects of conformity existing upon delivery He also liable for defects of conformity resulting from the packaging, assembly instructions or installation when it was put to him by the contract or was carried out under his responsibility.

Article L. 211-5 of the Consumer Code: To conform to the contract, the product must:

1 ° Be suitable for the purpose usually of a similar property and, where applicable:

– Match the description given by the trader and possess the qualities that he has presented to the buyer as a sample or model;

– The features that a buyer might reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;

2. Or have the features defined by mutual agreement by the parties or be suitable for any particular purpose for which the buyer made known to the seller and the latter accepted.

Article L. 211-12 of the Consumer Code: The action resulting from lack of conformity lapses two years after delivery of the goods.

Article 1641 of the Civil Code The seller must guarantee in respect of hidden defects of the thing sold which render it unfit for the use for which it was intended, or that decrease this use that the buyer would not acquired, or would have paid a lower price if he had known.

Article 1648, paragraph one of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of vice. ”

5.2 Warranty regarding the Site

Without prejudice to the guarantees contained in Article 5.1 above, LERY no warranty on the Site and / or Content (as described in section 7 below). In particular, LERY no warranty as to the compliance of any of the elements of the Site at any particular purpose. LERY does not warrant that the functions contained on the Site and any Content or other materials contained therein will be available at all times, uninterrupted or error free, that defects or potential errors will be immediately corrected or that the Site or its server will be any time free of viruses or other components likely to cause injury.

Article 6: Liability

6.1 The proposed jewelery comply with French legislation then in force. Responsibility for LERY not be engaged in case of non-compliance with the legislation of the country where the jewels are delivered. It is your responsibility to check with local authorities the possibilities and conditions of imports of jewelry you plan to order, and respect your own risk.

Also, if you choose to access the Site from territories other than France, you do so on your own initiative and at your own risk. It is Your responsibility to respect local legislation since that legislation applies.

6.2 The jewelry pictures are presented for illustrative purposes only. We invite you to defer you to the description of each jewel to know the precise characteristics. In case of doubt or if you wish further information, do not hesitate to contact us (see section 1.1 above).

6.3 The total liability LERY for all repairable damages under the Contract, it is likely to cause you under the Contract is engaged in case of fraud or gross negligence, or in case of liability defective products.

It is specified that, under the Agreement, are deemed indirect damage not compensable by LERY, even though they would be expected, any loss of profits, revenue, data, or bases programs, deprivation of savings and all additional costs and all image harm and all claims of third parties.

LERY will include not liable to You for damage caused by (I) your own act, omission or misconduct; (II) any force majeure as defined by case law rendered by the French courts; (III) any third party unrelated to LERY for the execution of the Contract (for example, if the resulting performance problems, congestion or connection of telecommunications facilities or services, or performance of your equipment computers); or (IV) any other event that neither LERY nor its suppliers could have anticipated or even prevent LERY or its suppliers had taken all reasonable precautions.

In particular, will be considered under your own act, omission or fault: any damage or loss that you may suffer resulting from inadequate or incompatible Your computer equipment (hardware and / or software) to all or part of the Site and / or lack of implementation of all reasonable and necessary protections against all programs, equipment or damaging communications because it belongs to You, and You alone, (I) check or have checked that your computer equipment and / or Telecommunications is suitable and compatible with the Site, and before use and (II) set up and implement all reasonable and necessary protections against all programs, damaging equipment or communications, including through anti-virus software.

6.4 The Website may contain links to other Internet sites. These other sites are not under the control of LERY and You acknowledge that LERY is not responsible for the accuracy, respect for intellectual property rights, legality, decency or any other aspect of the content of these sites. The inclusion of such a link does not imply any downstream LERY, or any association with its operators. LERY can ensure that you will be satisfied with any product or service it is that you should obtain on a third party site which is the subject of a hyperlink or from the Site, since the channels of the other shops in line belong to independent retailers and are operated by them. LERY does not promote any merchandise and has taken no steps to confirm the accuracy or reliability of any information contained on such third party sites. We urge you to conduct any search You think necessary or appropriate before proceeding with any electronic transaction whatsoever with any of these third parties.

6.5 Without prejudice to the provisions of Article L. 211-12 of the Consumer Code and 1648 of the Civil Code (Article 5.1.2 recalled above) and other mandatory statutory provisions to the contrary, You agree that any claim or action being its origin or relating to the use of all or part of the Site or the Contract, must be formulated and judicially implementation deep within one (1) year from the earlier of two dates, on pain of prescription: the date on which the claim has been formulated for the first time or the date on which the cause of the claim appeared for the first time.

Article 7 – Intellectual Property

7.1 The Site and all elements (including products), documents and other data included therein (the “Content”), whether visual or audio, are protected by French and international rules applicable, according to the case of trademarks, trademarks or service – whether registered or not as such – and commercial names or other distinctive signs, copyright, related rights, sui generis rights to design rights, patents, trade secrets or commercial or other similar rights and are owned or were dismissed LERY.

7.2 Your right to use the Site and any Content or other materials contained therein is subject to your compliance with the Agreement and any applicable law or regulation. Any use of the Site or any Content for any purpose other than those permitted by the agreement may be a violation of our rights or those owned by our licensors:

(I) You can access all content and any other element of the Site and display that into a non-commercial and private use;

(II) the Site and any content may not be copied, reproduced, modified, republished, uploaded, posted, adapted, transmitted, distributed or used in any way without the prior written permission of LERY or unless applicable mandatory legal authority (in cases, you will need to keep intact all proprietary rights notices);

(III) decompile, reverse engineer, disassemble or otherwise reduce the code used in any software on this Site into a readable form in order to examine the structure and / or copy or create d other products based (in whole or part) of the software are prohibited except mandatory statutory exception applies (as provided for by Article L. 122-6-1 IV of the Code of Intellectual Property);

(IV) You may not use any meta tags or any other hidden text containing our name, trademark (s) or the companies that we are related agreement without Our specific prior written;

(V) any user who wishes to place, for personal use, on his site, a simple link directly to the homepage of the website, must first obtain Our specific written authorization; Our agreement in no case can not engage our responsibility in any capacity whatsoever on the Site or any Content;

(VI) Any hypertext link to the Site by the technique of framing or inline linking is strictly prohibited.

Article 8: Comments, criticisms, communications and other content

8.1 Users may address criticisms, comments or any other content, we submit suggestions, ideas, questions or any other information as the content is not illegal, obscene, abusive, threatening, defamatory, contravening intellectual property rights, or prejudicial to third parties and does not consist or does not contain computer viruses, political activism, commercial solicitations, mass mailing, chains or any other form of “spam.” You should not use a false email address, impersonate any person or entity, nor lie about the origin of the content. We reserve the right, at our sole discretion to remove or edit any content.

8.2 If You contact us content, unless otherwise specified by You, You grant us, as well as companies that we are related to the legal period of protection applicable, non-exclusive and free right to reproduce, modify, adapt , publish, translate, distribute, sublicense and display such content throughout the world, on the Website and in all media.

8.3 You represent and warrant that we own or holds the necessary rights to the content that you send us. You agree to indemnify us against any and, or third party claims against Us since this action would cause, foundation or origin content that you have contacted us.

Article 9: Kimberley Process

Diamonds come in different global sources. For several years, the international community is concerned about the link that may exist between trade in certain rough diamonds and the financing of armed conflict, particularly in Angola, Sierra Leone and the Democratic Republic of Congo. As a responsible and citizen, we actively wish to promote global rules on “conflict diamonds”. Also, we do We provide than that recognized and established suppliers, who themselves are committed to not providing “conflict diamonds”. This criterion is one of our sourcing points. Adherence to these principles is covered by what has been called the “Kimberley Process”. LERY supports the Kimberley process and will continue to ensure the reliability of its supply under this process.

Article 10: Applicable law – Jurisdiction

10.1 The Contract is subject to French law (excluding the rules on conflict of laws).

10.2 In case of dispute, only the French courts will have jurisdiction.

Article 11: Miscellaneous

11.1 If any provision of this Agreement is declared unlawful, void or unenforceable for any reason whatsoever and it is not possible to substitute ex reasonable provision of similar effect (operation enable the parties to Already any dispute court concerned to carry out, to the extent permitted by applicable law), that provision shall be deemed likely to be severed from this Agreement and shall not affect the validity and enforceability of Other provisions to the fullest extent possible under applicable law.

11.2 The fact LERY not to exercise any of the rights granted to it under the Agreement shall be construed in the future as a waiver of the right at issue nor as an obstacle to the exercise of any other right.

11.3 We may transfer (by any means and in any form whatsoever, including by merger) Our rights and obligations under the Agreement without having to notify: (i) to any entity that we are or will be related, or (ii) to any person or entity that will take significant direct or indirect control of the whole or a part of our property or our capital or voting rights or those of any of our related entities. You can not transfer (by any means whatsoever) the Contract without first obtaining our written consent.

11.4 We can send you any notification under the Contract, either in the form of a publication on the website or by e-mail or by regular mail, express or recommended Your address we have in our systems, our choice . You acknowledge and agree that either of these modes notifications, chosen by us, is sufficient for your information.

11.5 LERY is entitled, in particular for evidence of any act done or omission, programs, data, files, recordings, operations and other elements (such as monitoring reports or other reports) in nature or under format or medium computer or electronic, established, received or stored directly or indirectly by it, unless abuse or manifest error. You agree not to challenge the admissibility, validity or the probative force of the elements of nature or format or electronic data processing or above.

11.6 Our site is the subject of a security system: We have adopted the SSL encryption process.

11.7 For orders placed on the site, LERY performs archiving Contract in force at the time of the order, the order itself and the acknowledgment sent by LERY, and this for a period of ten (10) years from delivery of the goods ordering products.