Subject

These terms of sale aim to define the contractual relationship between DAFC PARIS and the buyer, as well as the conditions applicable to any purchase made through the online store www.atelier-emma-chloe.fr, whether the buyer is a professional or a private individual.

The acquisition of a good or service through this website implies unreserved acceptance by the buyer of these terms of sale.

These terms of sale shall prevail over any other general or specific conditions not expressly approved by DAFC PARIS.

DAFC PARIS reserves the right to modify its terms of sale at any time. In such case, the applicable conditions will be those in force on the date of the buyer’s order.

Characteristics of the goods and services offered

The products and services offered are those listed in the catalog published on the website www.atelier-emma-chloe.fr

These products and services are sold subject to availability.

Each product is accompanied by a description prepared by DAFC PARIS, which can be viewed directly on the product's page.

The catalog photographs are as accurate as possible but cannot guarantee a perfect similarity with the purchased product, particularly regarding the color of the stones. Indeed, all stones are natural; this means that each stone is unique and may present variations in shade or inclusions.

ACCESS TO THE WEBSITE

The Website and Services are accessible to both individuals and professionals.

Professionals may contact DAFC PARIS to obtain a personalized quote.

Pricing

The prices listed in the catalog are inclusive of all taxes (VAT included) in euros, based on the VAT rate applicable on the day of the order; any change in the rate may be reflected in the prices of the products or services.

DAFC PARIS reserves the right to modify its prices at any time, it being understood that the price listed in the catalog on the day of the order will be the only one applicable to the buyer.

The prices shown in the product catalog do not include transport and delivery costs or customs duties, insofar as they occur in the geographic zones specified below.

Transport and delivery fees will be calculated in the cart once the delivery address has been entered. For any information regarding shipping fees by country, please refer to the “Shipping” section below.

Any applicable taxes and customs duties will not be covered by DAFC PARIS and will always be borne by the buyer. The buyer is responsible for paying these fees at the time of customs clearance; the goods will only be released once the buyer has paid the amount requested by customs authorities.

REGISTRATION ON THE WEBSITE

Registration on the website is free of charge.

The buyer certifies that all the information provided in the identification form is accurate, up to date, sincere, and not misleading. DAFC PARIS will not be able to modify this information once the buyer's order has been placed.

The buyer agrees to update this information in case of any changes so that it always meets the above criteria.

The buyer is informed and accepts that the information entered for the creation or update of their account serves as proof of identity. The information entered by the buyer becomes binding upon validation. DAFC PARIS reserves the right to verify the accuracy of the data provided by the buyer.

The buyer agrees to use the services personally and not to allow any third party to use them in their place or on their behalf, unless they accept full responsibility for such use.

The buyer can access their account at any time by logging in with their username and password. They are responsible for maintaining the confidentiality of their login credentials. It is their responsibility to promptly inform DAFC PARIS of any unauthorized use of their account. The buyer acknowledges that DAFC PARIS has the right to take any appropriate measures in such cases.

Geographical Area

The online sale of products and services presented on the website is reserved for buyers residing in the following regions or countries: South Africa, Algeria, Germany, Andorra, Saudi Arabia, Argentina, Armenia, Australia, Bahamas, Bahrain, Belgium, Bosnia and Herzegovina, Brazil, Bulgaria, Cambodia, Canada, Chile, China, Cyprus, Colombia, South Korea, Croatia, Denmark, French overseas territories, United Arab Emirates, Spain, Estonia, United States, Finland, France, Gibraltar, Greece, Guernsey, Hong Kong, Hungary, India, Indonesia, Ireland, Iceland, Italy, Japan, Jersey, Kuwait, Latvia, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malta, Morocco, Mexico, Monaco, Montenegro, New Caledonia, New Zealand, Panama, Netherlands, Philippines, Poland, French Polynesia, Portugal, Qatar, Romania, United Kingdom, Saint Barthélemy, Saint Martin, Serbia, Singapore, Slovakia, Slovenia, Sweden, Switzerland, Taiwan, Thailand, Tunisia, Turkey, Ukraine, Vatican, and Vietnam.

In the event of delivery of a product outside the European Union and to the French overseas territories, the buyer declares themselves the importer of the product and accepts that in such cases, DAFC PARIS may be materially unable to provide accurate information regarding the total amount of customs duties, import taxes, or formalities applicable in the country where the product is being delivered.

Any applicable taxes and customs duties will not be covered by DAFC PARIS and will always be borne by the buyer. The buyer is responsible for paying these fees at the time of customs clearance; the goods will only be released once the recipient has paid the amount requested by the customs authorities.

Unless otherwise stated on the website during the ordering process or in the description of the products ordered, DAFC PARIS undertakes in all cases to ship the products within a maximum period of thirty (30) days after the conclusion of the contract with the buyer.

Orders

The buyer who wishes to purchase a product or service must:

• Fill in the identification form, providing all the requested information (delivery address, name, surname, phone number, email address).
• Validate the order after reviewing it. If the address on the order summary does not match the shipping address, DAFC PARIS will not be responsible for delivering the order to the wrong address.
• Make the payment according to the conditions provided.
• Confirm the order and payment.

The confirmation of the order implies acceptance of these terms of sale, acknowledgment of having full knowledge of them, and a waiver of applying one's own purchase conditions or other terms.

All the data provided and the confirmation recorded will serve as proof of the transaction. The confirmation will serve as a signature and acceptance of the operations carried out.

The seller will send an email confirming the registered order. The order confirmation, attesting to the payment, is sent automatically and may occasionally end up in your spam folder.

If you need a duplicate of the confirmation, please contact our customer service directly.

Withdrawal

Buyers, non-professional individuals, benefit from a fourteen (14) working day withdrawal period from the receipt of their order to return the product to the seller for a refund without penalty, except for the initial shipping costs (please note that return shipping costs are the buyer's responsibility).

To exercise their right of withdrawal, the buyer must return the item(s) they do not wish to keep to DAFC PARIS and include a note in the return package containing:

• their last name
• their first name
• the email used to place the order
• the order number
• the reason for the return
• what the buyer wishes: an exchange, a store credit, or a refund

Without this note or in case of return to the wrong address, DAFC PARIS reserves the right not to process the return.

In the case of a withdrawal, return shipping costs are the responsibility of the buyer. DAFC PARIS advises opting for a return method with tracking, as DAFC PARIS cannot be held responsible for the loss of the package in the postal network or for its delivery to the wrong address.

The buyer must contact the customer service of DAFC PARIS at the email address contact@emma-chloe.com to obtain the return address.

In the case of purchasing a gift card, it will be sent directly to the buyer by email at the email address provided at the time of the order, or directly to the recipient if the buyer has requested it to be sent to them.

If the buyer wishes to exercise the right of withdrawal, it must be done within fourteen (14) working days from the sending of the gift card by email. The buyer must send their withdrawal request directly to the following email address: contact@emma-chloe.com

Payment Methods

Payments will be made through the secure system using the SSL (Secure Socket Layer) protocol, so that the information transmitted is encrypted by software and no third party can access it during transit over the network.

Payment can be made using the following methods: Carte Bleue, VISA, Mastercard, American Express, Paypal, and 3x payments with Alma.

The buyer's account will be debited when the order for available products or services is placed and for the amount of the products or services shipped.

The buyer will be able to access the invoice for their purchase directly from their customer account.

Deliveries

Deliveries are made to the address provided in the "Delivery Address" section when placing the order and can only be made within the regions listed in the "Geographical Area" section.

Packages are prepared and handed over to the carrier within 2 to 5 working days, unless otherwise stated on the site during the ordering process.

Shipping and delivery fees may apply depending on the chosen delivery method.

The risks are the buyer's responsibility from the moment the products leave the logistics warehouses of DAFC PARIS. In case of damage during transport, a justified complaint must be made to the carrier within three (3) days of the delivery of the package.

DAFC PARIS is not responsible for lost packages after the official deposit has been registered by the carrier. Once the package is declared delivered, the responsibility of DAFC PARIS is no longer engaged. No refund will be issued in case of a lost package in the postal network or if the package is marked as delivered; therefore, DAFC PARIS may only resend the package or issue a credit note for the amount of the product if it is out of stock.

For deliveries to Mondial Relay pick-up points, the package must be opened and checked before signing. Claims for missing items in an order must be submitted to DAFC PARIS within three (3) days of delivery.

After the customer's signature confirmation, no further claims can be made.

Warranty

For any claims related to their order, the buyer can contact the customer service of DAFC PARIS at the email address contact@emma-chloe.com within a maximum period of three (3) days after receiving the package.

All products supplied by the seller are covered by the legal warranty provided by Articles 1641 and following of the French Civil Code.

Stainless steel jewelry is guaranteed for one (1) year from the date of delivery of the order.

If a product sold is found to be non-compliant, the buyer can contact the customer service of DAFC PARIS with a photo of the defective product at the email address contact@emma-chloe.com. If the non-compliance of the product is confirmed by the customer service, DAFC PARIS will proceed with the shipment of a compliant product or issue a credit note valid for one (1) year on the site www.atelier-emma-chloe.fr

Liability

In the online sales process, DAFC PARIS is only bound by an obligation of means; its liability cannot be engaged for damages resulting from the use of the Internet network, such as data loss, intrusion, viruses, service disruption, or other involuntary issues.

ANTI-FRAUD MEASURES

DAFC PARIS reserves the right to check the validity of the payment before shipping the order, by any means it deems necessary (including identification documents, proof of address, etc.).

PROHIBITED BEHAVIORS

The following are strictly prohibited:

(i) any behavior likely to interrupt, suspend, slow down, or prevent the continuity of the Service,

(ii) any intrusion or attempted intrusion into the systems of DAFC PARIS,

(iii) any misuse of the system resources of the site,

(iv) any actions likely to impose an undue burden on its infrastructure,

(v) any infringement of security and authentication measures,

(vi) any act likely to harm the financial, commercial, or moral rights and interests of DAFC PARIS or the buyers of its site, and finally, more generally,

(vii) any breach of these General Terms and Conditions.

If any provision of this paragraph or, more generally, any violation of laws and regulations occurs, DAFC PARIS reserves the right to take all appropriate measures and initiate any legal action.

PERSONAL AND BANKING DATA

The processing of the buyer's personal data by DAFC PARIS is governed by the "Charter on the Protection of Personal and Banking Data". By using the site and creating an account, the buyer agrees to the processing of their personal data by DAFC PARIS in accordance with the law and the provisions of the "Charter on the Protection of Personal and Banking Data".

SEVERABILITY

In the event that any clause of the General Terms and Conditions is declared void due to a change in legislation, regulations, or a court decision, this shall not affect the validity and enforceability of all other provisions of these General Terms and Conditions.

DURATION

These General Terms and Conditions (GTC) apply for as long as the Client's Account remains active on the Site.

MODIFICATIONS

DAFC PARIS reserves the right to modify these General Terms and Conditions at any time.

Buyers will be informed of these modifications by any useful means at least one (1) month and a half before their implementation.

ADVERTISING

DAFC PARIS reserves the right to display advertising or promotional messages on any page of the Site, in a form and under conditions that DAFC PARIS will solely determine. More generally, the buyer acknowledges being informed that DAFC PARIS may broadcast any advertising or promotional content on the site.

LINKS, THIRD-PARTY SITES

DAFC PARIS cannot be held responsible for the technical availability of websites operated by third parties, including its potential partners, to which the buyer may access through the Site.

DAFC PARIS assumes no responsibility for the content, advertisements, products, and/or services available on such third-party sites or offered by these third parties, which are governed by their own terms of use.

DAFC PARIS is also not responsible for transactions between the buyer and any advertiser, professional, or merchant, to whom the buyer may be directed through the site, and cannot in any way be involved in any potential disputes with these third parties, including those concerning the delivery of products and/or services, warranties, declarations, and other obligations to which they are bound.

LANGUAGE

In the event of a translation of these General Terms and Conditions into one or more languages, the French language will be the language of interpretation in case of contradiction or dispute over the meaning of any term or provision.

EVIDENCE

The computerized records, stored in DAFC PARIS' and its partners' computer systems under reasonable security conditions, will be considered as proof of communications, orders, and payments between the Parties.

APPLICABLE LAW AND JURISDICTION

These General Terms and Conditions are governed by French law.

In the event of a dispute over the interpretation and/or execution of these General Terms and Conditions, article R631-3 of the Consumer Code stipulates that the consumer may refer the matter to either one of the jurisdictional courts territorially competent under the Civil Procedure Code or the court of the place where the consumer resided at the time of the conclusion of the contract or when the damaging event occurred.

When the buyer is an individual, they are informed that any dispute will be brought before the courts of the place where they reside or where the product was to be delivered.

MEDIATION

In accordance with article L. 612-1 of the Consumer Code, you can use the free mediation service MEDICYS, to which we belong, electronically via: https://app.medicys.fr/?proId=1aef47ae-be74-4551-8a57-f236ff4f18eb

or by mail: MEDICYS – 73 Boulevard de Clichy – 75009 PARIS

The non-professional buyer also has the option to file a complaint through the online dispute resolution platform (ODR platform) accessible via the link below:

https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=FR