Terms and Conditions

1. General terms

1.1 Definitions

Artek SA – current offer promoter, proprietor of the site www.alexandrerosenberg.com and of the brand Alexandre Rosenberg. Artek SA is a limited company, registered at the Luxembourg Commerce and Companies Register under the number B129305, and whose headquarters are located at 4, avenue de la Gare, L1610 Luxembourg.

Alexandre Rosenberg – community trade mark registered under the number 009138777.

Site – Internet site www.alexandrerosenberg.com.

Client – any adult person with the necessary legal capacity to place and fulfil an order and who places an order with Artek SA.

Product – the object of one or several orders. The configuration of all products is predefined by Artek SA. Packaging and other accessories are not considered to be products.

Product Configuration - complete selection of parameters which define the dimensions, composition and quality of the product: size, alloys, gemstones and gemstone quality.

Personalised Product – a product whose configuration is defined by the Client. Any modification by the Client of one or several of the parameters of the product configuration or the request for a personalised inscription have the effect of transforming it into a personalised product.

Finished Product – All products are manufactured to order. Their description on the site serves only as an indication and may differ slightly from the finished product, notably:

- total weight of finished product: a margin of 20% difference is accepted with regards to the total weight as described on the order form

- total weight and/or dimensions of diamonds contained within the finished product: a margin of 3% difference is accepted with regards to the total weight and/or dimensions of diamonds as described on the order form

- total weight and/or dimensions of gemstones other than diamonds contained within the finished product: a margin of difference of 10% is accepted with regards to the total weight and/or dimensions of gemstones other than diamonds as described on the order form

- dimensions of pearls contained within the finished product: a margin of 5% difference is accepted with regards to the dimensions of pearls as described on the order form

- dimensions of the finished product; a margin of 5% difference is accepted with regards to the dimensions of the product as described on the order form.

A detailed description of the finished product is established further to its manufacture according to the real and precise characteristics of the finished product.

Any or all differences between the detailed description of the finished product and the description of the product on the order form and which are within the ranges indicated above will have no incidence upon the price of the finished product.

Images and video animations of the products are shown purely as illustration. The dimensions of the products depend on the chosen size and are specified in their descriptions. The true colours and their intensity may differ from those displayed on a screen, as every screen has different display properties and standard parameters do not exist.

 Artek SA declines any responsibility in the case of a difference between the images of the products as presented on the site and the finished products.

1.2. Scope

The present Terms and Conditions apply to all sales made by Artek SA. Any order confirmed by the Client constitutes full and irrevocable acceptance of the present Terms and Conditions on the part of the Client, in the same manner as a handwritten signature and cannot be put in question. No exception to the present Terms and Conditions will be entertained unless it has been explicitly agreed in writing. The dispositions which are not subject to an exception remain fully applicable.

1.3. Modifications

The present Terms and Conditions may be modified at any time. The Terms and Conditions which apply to an order are those in place on the site at the moment of confirmation of that order.

 

2. Pricing

2.1. Product Pricing

The product prices are shown in euro and are inclusive of all taxes. The prices are valid for any orders destined for countries within the European Union.

Prices are calculated by our automated system which incorporates the daily fluctuation of market prices of constituent materials (precious metals and gemstones). In consequence, the prices of the products are updated after each change in the rate of exchange of the constituent materials.

The prices displayed on the site at the time of confirmation of an order are considered to be definitive.

 

3. Order

3.1. Placing an Order

In order to become effective, an order must be confirmed by the Client. By confirming an order the Client declares the following:

- to be at least 18 years of age, to have the necessary legal capacity to place and fulfil any order and to be acting within the strict framework of personal necessity

- to have full knowledge of and to have accepted without reservation the present Terms and Conditions

Artek SA cannot process an order prior to receipt of a down payment equal to at least half of the total order price. Once receipt of this down payment has been confirmed, the Client will receive notification that the order is being processed.

An order awaiting payment of a down payment remains valid for a period of seven days. After this period of seven days, the order may be considered to have expired and is cancelled. In the case whereby the Client still wishes to order the product(s) in question or if the payment arrives after the period of seven days as outlined above, the must reconfirm the order. If, due to changes in prices, the total cost of the new order is higher than the amount already paid for the cancelled order, even in the case of one or more identical products, the difference in price remains at the Client’s expense. In the opposite case, the difference will be refunded.

In the case whereby an error is discovered in the description or the price of an order, the order cannot be processed until the error has been rectified. In such a case, the erroneous order will be cancelled and the Client will be given the opportunity to confirm a new order or to receive a full refund of all sums paid in relation to the cancelled order.

 

4. Payment

4.1. Payment methods

All orders are payable by bank transfer. Bank account details are indicated on the order forms. It is essential that the reference number of an order appear on all bank transfers relative to that order. Artek SA gift cards are also an accepted method of payment.

4.2. Gift Cards

Artek SA provides gift cards to its Clients in different denominations. Gift cards are sent by express post to the delivery address supplied by the Client as soon as receipt is made of an amount corresponding to the face value of the gift card ordered.

The gift card is used as a means of payment for orders by typing in a security code that can be found on the card at the moment of confirmation of the order. The amount corresponding to the gift card is deducted from the total amount of the order. An order can be paid for with several gift cards. If the total value of the gift card(s) is higher than the total cost of the order, a credit note for the remaining amount will be made out in the name of the Client placing the order.

Artek SA gift cards are nominative. A gift card may only be used by the person designated by the Client purchasing the card as being the beneficiary of the card at the time of purchase. No information of a personal nature is indicated on the card, and information is only used to ensure the safety of the use of gift cards and to avoid any risk of fraud due to stolen cards or compromised security codes.

A gift card that has not been used may be refunded in full upon request from the purchasing Client. The gift card will be cancelled upon request and the refund made no later than 30 (thirty) days thereafter by bank transfer in favour of the bank account held in the name of the Client who purchased the gift card. Transfers to bank accounts in favour of third parties are not possible.

In the case of cancellation or return of an order that was partially or totally paid for by gift card, the reimbursement of the amount paid by gift card will be made solely in the form of a credit note in the name of the Client who placed the order.

4.3 Promotional Gift Cards

Promotional gift cards are gift cards that are offered by Artek SA free of charge. Promotional gift cards are not nominative. They may be used by anybody and for any order. Promotional gift cards are not accumulative, either with each other or with any other promotional offer.

In case of the cancellation or return of an order partially paid for with a promotional gift card, the reimbursement of the amount paid for with the promotional gift card will only be made via a credit note made out in the name of the person who placed the order. The expiration date of this credit note will be the same as the expiration date on the original promotional gift card whose use has rendered it necessary to make out the credit note.

 

5. Delivery

5.1. Place of Delivery

An order is sent to the delivery address indicated by the Client. Artek SA declines any responsibility in the case of typing errors on the part of the Client, or any consequences proceeding from these errors in terms of lateness or delivery error. In these hypotheses, the eventual cost of re-shipping will be at the Client’s expense.

It is the Client’s responsibility to ensure that every measure is taken to take delivery of the order. In the case of failure to deliver arising from the Client’s behalf (missing three attempts to convene a delivery appointment, expiration of the period of time allotted for collection of the package after being informed of the delivery attempt), the order will be returned by the transport company to Artek SA and will be at the Client’s disposal at Artek SA premises. The order may be re-shipped to the Client upon request further to payment of the cost of re-shipping.

5.2. Delays

The manufacture delays of product are given as estimates.

Delivery time for an order may not exceed 30 (thirty) days starting from the date of receipt by Artek SA of full payment for the order. Beyond this deadline the Client has the right, if so desired, to allow an extension to Artek SA or to cancel the order.

The delivery date is considered to be the date on which the transporter first attempts to deliver to the delivery address supplied by the Client.

5.3. Receipt of the Order

The Client should check the condition and the conformity of the finished products upon receipt. He or she should then formally accept the delivery by signing the delivery docket provided by the transporter. No ulterior claims against the condition of the products as delivered will be accepted as the verification of the condition of the products is considered to have been carried out when the delivery docket is signed.

If, during the delivery, the external appearance of the package is not perfect, the Client shall proceed to open it in the presence of the transporter, in order to check the condition of the products. In case of damage to the products in transit, the Client should refuse the damaged package and note “refused as damaged” on the delivery docket.

In the case where the Client is not the addressee of the order, it is the Client’s responsibility to ensure that the addressee of the package is made aware of the dispositions of the present Terms and Conditions relative to the procedure for receipt of the package.

5.4. Ownership – Risks

Transfer of ownership of the products takes place upon full payment of the price.

Transfer of risk of the products takes place upon delivery of the products.

 

6. Returns and refunds

6.1. Legal Right of Withdrawal

In accordance with article 55 §1 of Luxembourg law relative to digital commerce of August 14th 2000, the consumer is entitled to a seven day withdrawal period, without requiring justification and without penalties.

In accordance with article 55 §4b of the same law, the consumer is not entitled to exercise the right of withdrawal provided for in §1 for contracts for the provision of products manufactured according to the customer’s specifications or that are highly personalised.

6.2. Extension of the Right of Withdrawal

In addition to the legal right of withdrawal, Artek SA allows the Client the possibility to return the product ordered without justification or motive, within a period of 30 (thirty) days from the first date of receipt of the product. With regards to personalised products, the exception to the right of withdrawal as outlined in article 6.1. remains applicable.

6.3. Non-Compliant Products and Visible Defects

In the case where the finished product is not compliant or presents visible manufacturing defects, the Client has a period of 7 (seven) days at his or her disposal after receipt during which to return the product.

Observation of compliancy of the finished products is based upon the dispositions of article 1.1 of the present Terms and Conditions with regard to finished products.

Artek SA undertakes to choose to reimburse, exchange or repair free of charge any defective or non-compliant products.

6.4. Conditions of Return

In order to exercise the right to return, the Client must respect the following conditions:

- the returned item of jewellery must be in its original state, without trace of use, and with the tag attached as proof that it has not been used.

- the item of jewellery must be returned with all accompanying elements without exception (packaging, accessories, certificates, explanatory notices and original bill of sale) and all these elements must be in perfect condition.

6.5. Returning a Product

The article to be returned should be sent to the headquarters of Artek SA at 4, avenue de la Gare, L1610 Luxembourg.

Artek SA declines all responsibility for damage to the product, accessories or packaging returned, including theft or loss.

6.6. Refund

Upon receipt, the returned product will be inspected by Artek SA specialists. The inspection is carried out based on high definition images of the product taken before it is shipped. Once compliancy of the returned product has been confirmed, including the absence of any signs of wear or of any modification or interference, and if the product adheres to the conditions necessary for entitlement to a refund, Artek SA will proceed to refund the order.

The refund is made no later than 30 (thirty) days after receipt of the returned product by transfer to a bank account in the name of the Client who placed the order. Transfers to a bank account in the name of any other person than the person who placed the order are not possible.

6.7. Costs of Return

In the case of a product being returned for a refund without justification, the costs of return are at the Client’s expense.

When a product has been returned but does not meet the requirements for entitlement to a refund, the refund will not be made. The product in question remains the property of the Client and will be sent back after payment of the costs of shipping.

 

7. Warranty

7.1. Hidden Defects

All products come with a lifetime guarantee against hidden defects. Artek SA pledges to choose to refund, exchange or repair free of charge any defective product. In such a case, all expenses, including shipping costs, are borne by Artek SA.

7.2. Warranty Limitation

The guarantee does not apply should the defect pointed out by the Client come as a result of:

- normal wear and tear or aging of the product

- unusual or improper use of the product

- damage caused by negligence

- accidental damage

- intentional damage

- damage due to inadequate or absence of maintenance

- modifications or repairs to the product by a non-authorised third party

7.3. Free maintenance service

All jewellery of Artek SA avails of a free maintenance and upkeep service every six months: cleaning, inspection of the setting, polishing and rhodium-plating.

All charges related to the return shipping of the products sent to Artek SA for maintenance are at the Client’s expense.

7.4. Expenses Relating to Products Not Covered by Warranty

For products that are not covered by warranty but which require repair, an estimate will be given to the Client before any action is taken. Notwithstanding acceptance or refusal of the estimate by the Client, the expenses of shipping the product will be billed to the Client and the product will only be returned after payment of the said expenses.

 

8. Certificates

All Alexandre Rosenberg products come with a certificate and detailed description.

Diamonds with a unit weight equal to or in excess of 0.30 carats come with a certificate established by an independent laboratory.

All other gemstones can be certified by an Artek SA’s partner laboratory of the Client’s choice and at the Client’s request. An estimate is made prior to this.

 

9. Jurisdiction

The present Terms and Conditions are subject to the laws of Luxembourg. In case of litigation, Luxembourg courts have sole authority.

 

10. Various

If any clause of these Terms and Conditions is declared to be illegal, null or unenforceable for any reason whatsoever and if it is not possible to legally substitute a reasonable clause with similar effect (which the parties will allow any court conducting the litigation concerned to do, to the extent permitted by applicable law), that clause shall be deemed likely to be removed from these Terms & Conditions, which shall not affect the validity and enforceability of the other clauses to the fullest extent possible under applicable law.

The inability to carry out, the nullity or invalidity of any clause of these Terms and Conditions will in no way result in an inability to carry out, invalidity or non-validity of the remaining clauses of these Terms and Conditions. In the case where the impossibility to carry out, the nullity or non-validity of a clause is in no doubt, this clause will be deemed to be unwritten.

Unless otherwise expressly stipulated, the failure to require performance of an obligation or failure to apply a penalty is in no way a waiver of any other right.