Conditions of Sales

Conditions of Sale


Introductory article


The company Vivienne Diamant Ltd. (hereinafter referred to as "Vivienne Diamant") offers jewellery products for sale in the following listed regions: the United Kingdom, the United States, France, Japan, Mainland China, Taiwan, and Hong Kong.

In order to guarantee our customers an optimal level of service, Vivienne Diamant wishes to offer a selection of certain products and to exclude some from its e-commerce offering. The list of Vivienne Diamant products available as part of e-commerce service may be viewed on the www.vivienne-diamant.com website.

The system thus set-ups, which assumes an active approach by the customer, complies fully with the requirements of e-commerce selling and, in particular, with Articles L. 111-1, L. 113-3 and L. 121-18 and following of the Consumer Code. It is specified that Vivienne Diamant undertakes no telephone canvassing of its customers or prospective customers, and that accordingly the provisions of the Consumer Code applicable to telephone canvassing at home, in particular Articles L. 121-21 and following and L. 121-27 of the Consumer Code, do not apply to transactions governed by these Conditions of Sale.

The use of the e-commerce selling process described in these Conditions of Sale is reserved for consumers only, within the meaning that the law and case law give it, acting exclusively for their own account.


Scope of application


These Conditions of Sale are applicable to all sales of Vivienne Diamant products concluded through the e-commerce selling service implemented by Vivienne Diamant, for delivery to the following countries: United Kingdom, United States, France, Japan, Mainland China, Taiwan, and Hong Kong.

With regard to sales by telephone, any sale of Vivienne Diamant products through the E-commerce Selling Service implemented by Vivienne Diamant is concluded under the resolutive condition of the acceptance of these Conditions of Sale by the customer.

In accordance with the provisions of Article 1369-1 of the Civil Code, these Conditions of Sale may be retained by any person visiting the www.vivienne-diamant.com website, by means of an electronic recording and may also be reproduced by the customer by printing; these Conditions of Sale shall apply for as long as they appear on the www.vivienne-diamant.com website. Should, after the date of their modification or the removal of the www.vivienne-diamant.com website, these Conditions of Sale remain accessible to the public via other websites or by any other means, they would however no longer be binding on Vivienne Diamant.


Item orders


Orders will be mainly received via Vivienne Diamant website, or its customer service team. The customer retains responsibility for the telecommunications expenses when accessing the Internet and the use of the www.vivienne-diamant.com website.

The photographs, graphics and descriptions of the products offered for sale are indicative only and are not binding on Vivienne Diamant. Customers are able to obtain additional information by contacting Vivienne Diamant through its contact form.

In the event of an obvious error between the characteristics of the items and their representation, Vivienne Diamant disclaims responsibility.

Pursuant to the provisions of Article 1369-2 of the Civil Code, the customer shall be able, prior to definitively validating his order, to check the details of his order control and its total price, and to correct any errors, before confirming it and thereby expressing his acceptance. Once the customer has validated his order, Vivienne Diamant shall acknowledge receipt of the latter without delay and by electronic means. However, the sale shall only be considered as final once payment of the order in full has been received. Vivienne Diamant shall then send the customer confirmation of the order, stating shipment of the items.

In accordance with the provisions of Article L. 122 1 of the Consumer Code, Vivienne Diamant shall be entitled to refuse any order that is abnormal or placed in bad faith. In addition, Vivienne Diamant shall be entitled to refuse any order from a customer with whom a dispute regarding payment of a previous order exists.


Price of items


The price of the product is stated in GBP, EUR, USD, CNY, JPY, TWD, or HKD, including taxes, duties, and a complimentary one-way delivery cost. In the spring of 2019 or thereafter, every item(s) purchasing through Vivienne Diamant official website include(s) a free standard shipping by Fedex. On normal conditions, item(s) will be delivery to your instructed address within 7~14 days after we receive your full order payment. Our customer service team will notify the order status through your email.


Payment conditions


Payment of the customer's purchases is made by debit, credit cards, or Paypal. Full payment has to be received by Vivienne Diamant before shipping item(s) out to the customer. No installment plan applies.


Delivery


Delivery costs and costs of importing the items (foreign taxes and customs duties) are borne by the customer, but have already been included in online prices.

Delivery of the items shall be made, after payment of the total of the order has been recorded, to the customer's address. In accordance with the provisions of Article L. 121-20-3 of the Consumer Code, delivery of the items ordered shall be made at the latest within 30 days from the day following the order, subject to the payment in full of the price.

Delivery times communicated by Vivienne Diamant shall be indicative only and in any case shall not exceed the maximum period of 30 days stated above.

If, on delivery, the external appearance of the package is not perfect, the customer shall open it in the presence of the Fedex carrier in order to check the condition of the item(s). In the event of damage to the item, the client shall indicate this damage immediately and exactly on the return order form and the provisions of Article 11 below shall moreover remain applicable.


Satisfied or refunded - Right of withdrawal and refund of items


Those of Vivienne Diamant's customers who are not satisfied with the ordered items may exercise their right of withdrawal when the exterior safety wrap is unopened, thereby order is agreed to be at its best conditions.

If customer would like to return the product, please contact Vivienne Diamant order team immediately (Email: order@vivienne-diamant.com). The team shall give you further instructions. All returned items shall be delivered back to us within 7 days following the confirmation email of a Vivienne Diamant advisor, in their original packaging, complete (boxes, accessories, protective materials, booklet, warranty card, pouch, paper handbag) and accompanied by the duly completed return order form as well as a copy of the invoice, to the instructed address.

It is the customer's responsibility to keep proof of this return, which presupposes that the items must be returned using a recorded delivery service or by any other means providing a certain date and with the costs and risks of return remaining borne by the customer.

The refund of the returned items at the invoiced price shall be made, according to the payment method for the items, by credit of the customer's bank account corresponding to the credit card used for the payment or by transfer to the customer's bank account, within 14 days following receipt by Vivienne Diamant of the returned items.

Returned items, which show that the exterior wrap has been opened, or are incomplete, damaged, spoiled, soiled or in any other than its best condition, would leave one to reasonably think that the product has been used or worn, shall neither be refunded nor exchanged and shall be returned to customer by post.


Exchange


If customer would like to exchange the product, please contact Vivienne Diamant order team immediately (Email: order@vivienne-diamant.com). The team shall give you further instructions. All exchange items shall be delivered back to us within 7 days following the exchange confirmation email by a Vivienne Diamant advisor, in their original packaging, complete (boxes, accessories, protective materials, booklet, warranty card, pouch, paper handbag) and accompanied by the duly completed return order form as well as a copy of the invoice, to the instructed address.

It is the customer's responsibility to keep proof of this return, which presupposes that the items must be returned using a recorded delivery service or by any other means providing a certain date and with the costs of return remaining borne by the customer. Any new delivery may be made only once Vivienne Diamant has received the items returned by the customer.

Returned items which are incomplete, damaged, spoiled, soiled or in any other condition which would reasonably leave one to think that the product has been used or worn, shall neither be refunded nor exchanged and shall be returned by post to customers.


Compliance – Warranty


The customer must ensure that the items which have been delivered to him correspond to his order. Should the delivered items not comply with his order, the customer shall inform Vivienne Diamant order team by email (Email: order@vivienne-diamant.com) and return the items in question according to the conditions set out in Article 8 of these Conditions of Sale.

Notwithstanding the specific warranty conditions remitted to the customer with the delivered item, Vivienne Diamant items are subject to the warranty conditions laid down by the law.

Reminder of Articles L. 211-4, L. 211-5 and L. 211-12 of the Consumer Code, and of Articles 1641 and 1648, first paragraph, of the Civil Code:

"Article L. 211-4 of the Consumer Code: The seller shall deliver a good in accordance with the contract and shall be responsible for compliance defects existing at the time of delivery. He is also responsible for compliance defects resulting from packaging, assembly instructions or the installation where the contract states he is responsible for this or where it has been performed under his responsibility."

"Article L. 211-5 of the Consumer Code:

To comply with the contract, the good must: (1) Be suitable for use usually expected of a similar good and, if applicable: match the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model; present the qualities that a buyer may legitimately expect considering the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling; (2) Or have characteristics defined by mutual agreement of the parties or be suited to any special use sought by the buyer, brought to the knowledge of the seller, and that the latter has accepted."

"Article L.211-12: Action resulting from the compliance defect is prescribed two years after delivery of the good."

"Article 1641 of the Civil Code: The seller must guarantee latent defects in the thing sold which render it unfit for the use for which it was intended, or so diminish this use, that the buyer would not have acquired it or would have given a lower price, if they had known about them."

"Article 1648 of the Civil Code, first paragraph: Action resulting from hidden defects must be brought by the buyer within a period of two years from the discovery of the defect."

The repair of the consequences of the hidden defect, when it has been proven, includes according to case law: either the completely free repair of the item, including the labour costs, or its replacement or the total or partial repayment of its price where the item is totally unusable, and compensation of any harm caused to persons and property by the defect in the item.


Claims – Information


For any information, claim or question relating to the conditions of sale by correspondence implemented by Vivienne Diamant or the items themselves, customers must contact Customer Service through our Contact Form.


Electronic files - Protection of privacy


Vivienne Diamant has created an electronic file that contains certain personal data about its customers. When an order is placed with the E-commerce Service by any new customer, this database will be enriched with information about him, which shall enable Vivienne Diamant, consequently, to better meet his requirements and facilitate the assistance services provided by the E-commerce Service. This database has been declared, according to the terms of the European Data Protection Act no. 78-17 of 6 January 1978 (the “Loi Informatique et Libertés", hereinafter the "Data Protection Act"), as amended by the provisions of Law no. 2004-801 of 6 August 2004 concerning the protection of individuals in respect of the processing of personal data.

Should the customer consent to communicate individual data of a personal nature, then he would have the individual right of access, of withdrawal and of correction laid down by the law and may in this regard have information about him which is no longer relevant removed, by making a request in writing to Vivienne Diamant, to the address stated in the preceding article.

Depending on the choices made during the creation or consultation of their record by Vivienne Diamant’s E-commerce Service, customers shall be able to choose whether they wish to receive offers from Vivienne Diamant or be informed of specific operations by email. If a customer no longer wishes to receive these offers, he may at any time request not to receive them either by clicking on an electronic link available on the e-mails provided for this purpose or by contacting Vivienne Diamant Customer Services by e-mail: cs@vivienne-diamant.com, or info@vivienne-diamant.com.


Intellectual property rights


The "Vivienne Diamant" trademark, as well as all the figurative trademarks or otherwise and more generally all other trademarks, illustrations, images and logotypes shown on Vivienne Diamant items, their accessories or their packaging, whether or not they are registered, are and shall remain the exclusive property of Vivienne Diamant. Any total or partial reproduction, modification or use of these trademarks, illustrations, images, and logos, for any reason and on any media, without Vivienne Diamant's prior and express consent, is strictly prohibited. This is also the case for any combination or conjunction with any other trademark, symbol, logotype and more generally any distinctive sign intended to form a composite logo. This shall also be the case for all copyright, designs and models and, patents which belong to Vivienne Diamant.


Force majeure


The performance by Vivienne Diamant of all or part of its obligations shall be suspended in the event of the occurrence of a fortuitous event or force majeure which would hamper or delay performance.

The following are regarded as such, in particular, without this list being exhaustive: war, riots, insurrection, social unrest, strikes of all kinds and problems of supply to Vivienne Diamant.

Vivienne Diamant shall inform the customer of a fortuitous event of this kind or force majeure within seven days of its occurrence. Should this suspension continue beyond a period of fifteen days, the customer would then be able to terminate the current order, and he would then be refunded in accordance with the conditions set out in Article 8 of these Conditions of Sale.


Disputes - Applicable law


These Conditions of Sale are subject to European law. In the event of a difficulty occurring when ordering or delivering Vivienne Diamant items, the customer shall be able, before any legal action, to seek a non-judicial solution, in particular with the help of a consumers' association or any other advisor of his choice. Any dispute which may arise from the interpretation or fulfilment of these Conditions of Sale and its results shall be subject to the exclusive jurisdiction of the European courts.

Latest Update: Jan 2019