Last update: 10/11/2022
1. General provisions
1.1. Definitions
Artek SA — offeror, owner of the www.alexandrerosenberg.com website and of the Alexandre Rosenberg brand. Artek SA is a company registered in the Luxembourg Trade and Companies Register under the number B129305, whose registered office is located at 4, avenue de la Gare, 1610 Luxembourg, Luxembourg.
Alexandre Rosenberg — European Union trademark registered under number 018461965.
Site — website www.alexandrerosenberg.com.
Customer — any natural person of legal age who has the necessary legal capacity to place and honor an order and who has placed an order with Artek SA.
Product — object of one or more orders. The configuration of all products is predefined by Artek SA. Packaging and other accessories are not considered products.
Product configuration — the complete selection of parameters that define the dimensions, composition and quality of a product: size, alloys, gemstones and gemstone quality.
Customized product — a product whose configuration is defined by the Customer. Any modification by the Customer of one or more parameters of the product configuration or adding of customized engraving has the effect of transforming it into a customized product.
Delivered products — all products are made to order only. Their description on the site is given as an indication and includes a margin of approximation in relation to the products delivered, including:
- total weight of the product delivered: the permitted margin of approximation is 5% in relation to the total weight of the product described in the order form;
- total weight and/or dimensions of the diamonds contained in the delivered product: the permitted margin of approximation is 3% in relation to the total weight and/or dimensions of the diamonds described in the order form;
- total weight and/or dimensions of the stones other than diamonds contained in the delivered product: the permitted margin of approximation is 5% in relation to the total weight and/or dimensions of the stones other than diamonds described in the order form;
- dimensions of the pearls contained in the delivered product: the permitted margin of approximation is 5% in relation to the dimensions of the pearls described in the order form;
- dimensions of the delivered product: the permitted margin of approximation is 5% in relation to the dimensions of the product described in the order form.
The detailed description of the delivered product is established after its production, according to the real and precise characteristics of the delivered product.
A product delivered whose parameters are within the margins indicated above in relation to its description in the order form is considered to be compliant.
Any difference between the detailed description of the delivered product and the description of the product in the order form which falls within the above-mentioned margins shall not result in the price of the delivered product being changed.
Product images and video animations are for illustrative purposes only. The dimensions of the products depend on the size selected and are specified in the product description. The actual colors and their intensity may differ from those displayed on a monitor, as each type of monitor has different display properties, and a standard setting is not possible.
1.2. Scope of application
These General Terms and Conditions of Sale apply to all sales made by Artek SA. Any order confirmed by the Customer constitutes an irrevocable acceptance of these General Terms and Conditions of Sale by the Customer, in the same way as a handwritten signature, and cannot be challenged. No deviation from these General Terms and Conditions of Sale shall be permitted, unless explicitly agreed in writing. The provisions not deviated from shall remain applicable without restriction.
1.3. Modifications
These General Terms and Conditions of Sale may be modified at any time. The General Terms and Conditions of Sale that apply to an order are those in force on the site at the time of confirmation of this order.
2. Prices
2.1. Product prices
The prices of the products to the countries of the European Union are displayed including VAT according to the VAT rates of the countries of delivery.
The prices of the products to countries outside the European Union are displayed without taxes.
All taxes related to the import of products into countries outside the European Union are the responsibility of the Customer and are payable to the local tax authorities upon receipt of the order. It is the Customer's responsibility to find out the amount of these taxes beforehand.
The system for calculating the prices of the products takes into account the fluctuation in the price of raw materials (precious metals and stones). Consequently, the prices of the products are automatically updated following each change in the price of raw materials.
The prices displayed on the website at the time of confirmation of an order are considered final.
3. Order
3.1. Placing an order
To be processed, an order must be confirmed by the Customer. By confirming an order, the Customer declares:
- he/she is at least 18 years old, has the legal capacity to place and honor any order and is acting strictly for his/her own personal needs;
- to have read and accepted without reservation the present General Terms and Conditions of Sale.
Artek SA may only proceed with the execution of an order after receipt of a deposit equal to at least 30% of the total amount of this order. Upon receipt of this deposit, the Customer will be notified that the order is being processed.
An order pending payment of a deposit remains valid for a period of fourteen days. If the payment is not received before the expiry of this period, the order is automatically cancelled. If the Customer still wishes to order the product(s) in question or if the payment arrives after the above-mentioned period, the Customer must confirm a new order. If, as a result of a price change, the total amount of the new order is higher than the amount already paid for the cancelled order, even for identical product(s), the balance shall remain payable by the Customer. Otherwise, the balance will be refunded.
In the event that errors in description or price are found in an order, this order can only be processed after the correction of the errors found. In such a situation, the erroneous order will be cancelled, and the Customer will be offered the possibility of confirming a new order or a refund of any sums paid for the cancelled order.
3.2 Modification or cancellation of an order
An order may be modified or cancelled by the Customer at any time before it is shipped. After an order has been dispatched, the provisions of Article 6. Returns and refunds of these General Terms and Conditions of Sale shall apply. Any modification of an order is only possible by cancelling the current order and confirming a new order.
An order containing customized products may be modified or cancelled by the Customer before it is processed. Once an order is being processed, the customized products that are part of that order can no longer be modified or cancelled. Products that are not customized may be modified or cancelled before the order is shipped.
Artek SA also reserves the right to refuse or cancel all or part of an order for legitimate reasons, in particular in the event of the failure of one of its suppliers or in the event of force majeure, but also in the event of payment difficulties, foreseeable problems relating to delivery, abnormal orders or orders placed in bad faith. In such a situation, the Customer will be informed, and any sum paid in relation to the refused or cancelled order will be refunded.
4. Payment
4.1. Credit cards/PayPal
Credit cards or the online payment service PayPal are accepted for payment of orders up to a total amount of 5,000 euros. For orders exceeding 5,000 euros, the only accepted method of payment is bank transfer.
4.2. Bank transfer
All orders can be paid by bank transfer. The bank details are indicated on the order forms. The reference number of an order must be mentioned in any bank transfer related to this order.
5. Delivery
5.1. Place of delivery
An order is shipped to the delivery address indicated by the Customer when confirming the order.
Artek SA shall not be held responsible for any input errors or changes to the delivery address of the order during delivery by the Customer, or for any potential consequences in terms of delay or loss of the package.
It is the Customer's responsibility to take all measures to ensure that the order can be received. In the event that the delivery fails due to the Customer (failure to make two delivery appointment attempts, exceeding the time limit for collecting a parcel after a delivery notice), the order will be returned by the carrier to Artek SA and will be available to the Customer at the premises of Artek SA. The order may be returned to the Customer at his/her request after payment of the return costs.
5.2. Delays
The production times of the products are indicated in the order form.
The delivery time of an order may not exceed 30 (thirty) days from the day of receipt by Artek SA of the full payment of the order. After this period, the Customer may, if he/she so wishes and if it has not already been agreed otherwise, grant Artek SA an extension or cancel the order.
Delivery is deemed to have taken place on the date of the first presentation at the delivery address indicated by the Customer.
5.3. Order receipt
A handwritten or electronic signature by the Customer or by an adult present at the designated delivery address will be required to confirm receipt of the order. If the Customer has nominated a recipient who is not the Customer for delivery, the Customer understands and accepts that proof of signature by the recipient or an adult present at the delivery address shall constitute proof of delivery and transfer of responsibility to the recipient as if the product had been delivered to the Customer's home.
If the Customer designates a hotel, organization or business as the delivery address, the Customer understands and accepts that proof of signature by an adult present at the delivery address shall constitute proof of delivery and transfer of responsibility as if the product had been delivered to the Customer's home.
It is the Customer's responsibility to check the parcel and its contents on arrival and to make any reservations and claims that may appear justified to the carrier, or even to refuse the parcel if it is likely to have been opened or if it bears obvious traces of deterioration. In such a case, the Customer must open the package in the presence of the carrier in order to check the condition of the products. In the event of missing or damaged products resulting from transport, the Customer must refuse the damaged parcel by indicating “parcel refused because opened/damaged during delivery” on the delivery receipt and detailing the damage (missing product(s), detailed description of the damage, etc.).
In the event that the Customer is not the recipient of the order, it is the Customer's responsibility to ensure that the recipient of the order is aware of the provisions of these General Terms and Conditions of Sale relating to the procedure for receiving the package.
5.4. Ownership — Risks
The transfer of ownership of the products takes place upon full payment of the price.
The transfer of risks on the products takes place at the delivery of the products.
6. Returns and refunds
6.1. Right of withdrawal
In accordance with Article 55(1) of the Luxembourg law on e-commerce of 14 August 2000, the consumer has a period of seven days to withdraw from the contract without giving any reason and without incurring any penalties.
The right of withdrawal remains exclusively with the Customer who ordered the product(s).
6.2. Extension of the withdrawal period
Beyond the legal right of withdrawal, Artek SA gives the Customer the possibility to return the ordered product, including personalized products, without justification or reason, for a period of 30 (thirty) days from the date of the first receipt of the product.
6.3. Non-compliant products and apparent defects
In the event that the delivered products do not conform or are defective, the Customer has a period of 7 (seven) days from the date of receipt of the products to return them.
The conformity of the delivered products is established based on the provisions of article 1.1 of these General Terms and Conditions of Sale on the delivered products.
Artek SA undertakes to reimburse, exchange or repair free of charge, at its discretion, any defective or non-compliant product.
6.4. Return conditions
To exercise your right of return, the following conditions must be met:
- the jewel must be returned in its original condition, i.e., without any trace of wear and tear and bearing its label, proof that it has not been worn;
- all the elements accompanying the jewel (packaging, accessories, certificates, original invoice) must be returned in perfect condition.
6.5. Returning a product
To exercise your right of return, it is essential that the Customer informs ARTEK SA of his/her decision beforehand and follows the instructions provided.
Once the return request has been approved, Artek SA will arrange for the package to be collected from the address agreed with the Customer.
6.6. Refunds
After receipt, the returned product will be examined by the jewelers of Artek SA. The examination is carried out on the basis of the high-definition images of the product taken before shipment. If the product meets the requirements for return, Artek SA will refund the order as soon as possible.
The refund is made no later than 30 (thirty) days after receipt of the returned product with the same method of payment as the one used by the Customer for the initial transaction. Refunds in the name of a person other than the person who placed the order will not be possible.
6.7. Costs related to returns
Artek SA takes care of the logistics and bears the costs related to the return of defective, non-compliant products and those eligible for return by withdrawal.
If a product that has been returned does not meet the requirements for return, the refund will not be made. The product in question will remain the property of the Customer and will be returned to the Customer after payment of the return shipping costs.
7. Guarantee
7.1. Hidden defects
All products are guaranteed for life against any hidden defect. Artek SA commits itself to reimburse, exchange or repair free of charge, at its discretion, any defective product.
7.2. Guarantee exclusion
The guarantee cannot be granted if the defect of which the Customer complains is the result of:
- normal wear and tear or aging of the product;
- abnormal or improper use of the product;
- damage caused by negligence;
- damage caused accidentally;
- damage caused intentionally;
- damage caused by inadequate maintenance or lack of maintenance;
- modifications or repairs to the product by an unauthorized third party.
7.3. Maintenance service
All Artek SA jewelry products benefit from a free annual maintenance service for cleaning, setting control, repolishing and rhodium plating.
The costs related to the return of the products sent to Artek SA for maintenance shall be borne by the Customer.
7.4. Costs related to products not covered by the guarantee
For products that are excluded from the guarantee but that require repair, an estimate will be proposed to the Customer before any intervention. Notwithstanding the acceptance or refusal of this estimate by the Customer, the costs related to the reshipment of the product will be invoiced to the Customer and the product will only be shipped to him/her after payment of these costs.
8. Certificates
All Alexandre Rosenberg jewelry is accompanied by a certificate with a detailed description. The certificate number is engraved on the jewelry.
Diamonds with a unit weight of 0.25 carat or more will be accompanied by a certificate issued by the GIA (Gemological Institute of America) laboratory.
Any other stone can be certified by one of Artek SA's partner laboratories at the Customer's choice and request. A quotation will be proposed beforehand.
9. Jurisdiction
The present General Terms and Conditions of Sale are subject to Luxembourg law. In the event of a dispute, only the Luxembourg courts shall have jurisdiction.
10. Miscellaneous
If any provision of these General Terms and Conditions of Sale is held to be illegal, invalid or unenforceable for any reason whatsoever and it is not possible to replace it by operation of law with a reasonable provision having similar effect (which the parties already allow any court seized of the dispute concerned to do, to the extent permitted by applicable law), then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions to the fullest extent permitted by applicable law.
The impossibility of performance, the nullity or invalidity of a provision of these General Terms and Conditions of Sale shall in no way result in the impossibility of performance, the nullity or invalidity of the other provisions of these General Terms and Conditions of Sale. In the event that the impossibility of performance, the nullity or invalidity of a provision is unquestionable, this provision shall be deemed to be unwritten.
Unless otherwise expressly stipulated, the fact of not requiring the performance of an obligation or the fact of not applying a penalty shall not in any way entail the waiver of any right.