Terms & Conditions
1.about the site www.Orchaine.com
the site is published by le gramme, a simplified joint stock company registered in the trade and companies register of paris under the number 893976514, whose head office is located at 231 rue saint honoré 75001 paris (france) and represented by its chairman.
the GTC are applicable to any use of the site and to any order made from the site. they are communicated to customers when placing an order and are available to users at any time from the site.
users acknowledge having read and understood the terms and conditions and hereby agree to be bound by them. the general terms and conditions prevail over all other contractual documents issued by users.
the company reserves the right at its sole discretion to modify the cgvs at any time by posting a notice on the site or by sending a notice to users by email. users are responsible for reviewing modified cgvs and should become familiar with such modifications. any consultation of the site or any order subsequent to such notification of modification of the GCS implies acceptance of the new GCS by the user.
cgv designate these general conditions of sale detailing the conditions of use of the site and the methods of placing orders;
customer means any natural or legal person having a valid account or carrying out one or more orders on the site with or without an account;
order means the customer’s firm order for the acquisition of one or more products available on the site. the creation of an account is not necessary to place an order;
account means a valid account of a user allowing in particular the placing of orders and access to his order history;
content designates the content (texts, sounds, videos) posted on the site by the gram and belonging to it;
personal data means any personal data relating to a natural person allowing their identification;
products designate jewelry items and more generally, products offered for sale by the gram via the site. all products offered for sale on the site are new;
site means the e-shop accessible at www.bruteli.com from which users can place an order;
user means any customer or not who consults the site.
3.subscription to the site & ordering
orders are made from the site.
3.1. creation of an account or access to the account
to place an order, the user can create an account or directly choose the products that will complete their basket.
if they create an account, the customer will receive an email from the company confirming their registration and reminding them of their username.
if the customer already has an account, all they need to do is identify themselves with their password. clients’ passwords are strictly personal and confidential. customers should not share it with other people. Customers are responsible for the loss or theft of their password if it is proven that they have committed a fault attributable to them. in this case, customers should notify the company without delay.
for more information concerning the personal data processed by the gram, the customer is invited to consult the confidentiality policy.
the company reserves the right to modify the nature of the personal data necessary for the creation of an account or to maintain the validity of an account.
3.2. selection of products and addition of products to the basket of the customer with or without an account
the customer can select the products of his choice, provided that they are available for sale online and the desired quantity, subject to acceptance of the gram.
the total price excluding taxes and the total price including all taxes will be displayed on the site. the customer can consult the delivery costs, delivery times and return terms in the “delivery and returns” menu.
to add a product to his cart, the customer must:
click on the “choose” button;
choose the desired size and any customization requested;
click on the “add to cart” button.
the customer can complete the order by proceeding to payment or continue shopping from the site.
3.3. payment to complete the order
before finalizing the order and paying, the customer is directed to a page on the site allowing him to consult the details of the selected products that he can modify.
Before proceeding to payment, the customer must complete the billing information and delivery information and choose the shipping methods showing any delivery costs.
the customer will be informed of the estimated delivery time of the products.
before payment, the customer can check his order and must validate the cgv.
payment for products can be made by any means of payment offered via the site, in particular by credit card and paypal.
the order will not be processed by the company until payment has been made by the customer.
3.4. acknowledgment of receipt of the order and confirmation by the order gram
after placing the order, the customer will receive by email an acknowledgment of receipt of his order including in particular the order number. the acknowledgment of receipt does not constitute acceptance of the order.
Once the order has been accepted, the company will send the customer an order confirmation by email.
3.5. product delivery
the products will be delivered to the address provided by the customer, to a relay point or to the company’s showroom depending on the customer’s choice.
4. purchase conditions & customer guarantees
to place an order, the customer, if he is a natural person, must be an adult (or failing that, place the order with his legal representatives) and be legally capable of contracting.
if the order is made on behalf of a legal person, the customer declares and guarantees to be authorized to place the order on behalf of the latter.
the customer guarantees that the products will not be delivered, sold and distributed for commercial purposes.
any order made in violation of this article will be null and void.
by validating an order, the customer submits to the company an offer to purchase the products placed in his basket. the company reserves the right to refuse, cancel and terminate orders at any time if the circumstances make it legitimate, in particular in the event of a violation of the GTC or attempted fraud.
5.product information & availability of products offered on the site
the products offered for sale are those which appear in the collections accessible on the site and which can be the subject of an order, except for exceptional unavailability.
the company reserves the right to occasionally limit the quantity of products that may be ordered by a customer during the same order.
the photographs of the products are provided for illustrative purposes and are not contractual.
the user is invited to consult the description of each product to know the essential characteristics. the products bear the different hallmarks used to certify the quality of the metals used by the company.
in the event of exceptional unavailability of the product ordered, the company will inform the customer as soon as possible and the customer can modify his choice or cancel the order. in all cases, the company will offer the customer to provide a product of equivalent quality and price.
6.product prices & delivery costs
the products will be invoiced on the basis of the price in force at the time of confirmation of the order.
the prices are understood in:
euros, net, all taxes included, on the basis of the prices communicated to users for deliveries in metropolitan France (including Corsica) and in all the countries of the European Union, except for the United Kingdom, where prices are ‘hear in pounds sterling;
dollars, net, all taxes included, based on rates communicated to users for deliveries to the United States and Hong Kong.
packaging and shipping costs can be viewed by users on the product pages and will be communicated to the customer prior to order validation.
in no case will the prices appearing on the site when placing an order bind the company for future orders. the prices of the products may be modified at any time by the company, without notice and except for an order in progress.
7.payment of products & invoicing
the customer must pay his order in full by credit card through the stripe technical service provider, by paypal or by any means that will be offered and accepted by the company.
to proceed with the payment, the customer will enter his payment details via stripe, the technical service provider responsible for the online processing of payments. transactions made by credit card are secure.
in case of refusal of authorization of payment, the customer must contact directly the issuer of the payment card responsible for such refusal.
all invoices are dated on the day the order is placed. the invoice is sent by email to the customer and a copy will be inserted in the package containing the products. the customer will have access to all of their invoices from the site for a specified period.
8.Accessory services offered by the company when ordering: personalization of products and gift packaging
when placing an order, the customer can choose to personalize certain products by selecting the “engraving” option, provided that this is offered by the company.
the personalization of a product by “engraving” is only possible before ordering and can only concern products manufactured by the company.
the customer is solely responsible for the choice of the terms which he requests that they be engraved on the product, knowing that any engraving has a limited number of characters.
when the customer has requested the “engraving” personalization, this option appears in the order summary.
the customer is informed that the “engraving” personalization of a product may have consequences on the delivery time, which he expressly accepts.
except for conformity defect or manufacturing defect of the products and in accordance with article l.121-21-8 3 ° of the Consumer Code, personalized products cannot be returned for exchange or refund, this that the customer expressly accepts.
at the customer’s request, the company can send the product (s) in gift packaging.
9.Order shipping & order delivery
the products will be delivered to the delivery address provided by the customer when ordering, unless the customer has chosen to collect the product from the company showroom located at 21, rue de marignan 75008 paris. the company reserves the choice of the carrier.
Unless otherwise stated on the site, the company can ship the products to the following countries: in metropolitan France (including Corsica), in all countries of the European Union, in Switzerland, in the United States, in Hong Kong, in canada, mexico, chile, china, japan, south korea, taiwan, singapore, thailand, macau, australia, israel, united arab emirates, south africa, arabia Saudi Arabia, Bahrain, Kuwait and Qatar.
delivery times are displayed on the site: unless otherwise stated, delivery times:
vary between one (1) to two (2) working days excluding public holidays after the order, for deliveries in mainland France (including Corsica) and in the countries of the European Union;
vary between two (2) to five (5) working days excluding public holidays after ordering, for deliveries to the United States and Hong Kong (subject to customs delays);
are fifteen (15) working days excluding public holidays after the order, for personalized products delivered in metropolitan France (including Corsica), in the countries of the European Union, in the United States and in Hong Kong (under customs delay reserve).
for any order in metropolitan France (including Corsica) or in one of the countries of the European Union, the delivery costs of the products are offered by the company, which reserves the right to modify the amount of the delivery costs and pass them on to customers, except for orders in progress that have been confirmed by the company.
for all orders in the united states and hong kong, the delivery costs will be borne by the customer and, unless otherwise stated on the site, will amount per order to thirty (30) euros for the united states or thirty (30) euros for the united states. five (35) euros for hong kong. the delivery rate does not include any customs duty or import tax which the customer will have to free himself from when collecting his package.
in the event of delivery outside mainland France, customs duties or other local taxes may be required, which are the sole responsibility of the customer and are their sole responsibility, in particular for declaration and payment. the customer is invited to inquire with his local authorities before ordering.
delivery will be deemed to have been made upon receipt of the order by the customer or the recipient of his choice. it is his responsibility to check upon receipt that the products have not been damaged during transport and to immediately notify the company if this is the case.
the customer already accepts that the supporting documents from the deliverers and / or carriers will be used as proof of delivery of the orders.
the company will be exempt from all or part of its responsibility for any delay or failure to perform by providing proof that this is attributable either to the customer, or to the unforeseeable and insurmountable fact of a third party to the contract, or to a case of force majeure as provided for by article l.121-19-4 of the consumer code.
10.right of withdrawal for non-professional customers
in accordance with the legal provisions in force, the non-professional customer benefits from a right of withdrawal that he can exercise without having to justify a reason within fourteen (14) days from receipt of the products, except when ‘they were personalized at the customer’s request.
if the order concerns several products, the withdrawal period starts from the reception of the last product.
to exercise the right of withdrawal, the customer must return the withdrawal form reproduced below or a written declaration expressing unambiguously his desire to withdraw from the company at the following address: withdrawal service 114, rue saint honoré 75001 Paris.
the products must be returned by the customer within fourteen (14) days of the communication of his decision to withdraw.
in the event of exercise of the right of withdrawal within the aforementioned period, and in accordance with the provisions of article l121-20-1 of the consumer code, the amount of the order as well as any delivery costs will be reimbursed to the customer.
the return costs will be borne:
for orders placed and received in metropolitan France (including Corsica) or in one of the countries of the European Union: by the company which will send, after having been informed of the exercise of the right of withdrawal, to the customer the information allowing the return of products; or
for orders placed and received in the United States and Hong Kong: by the customer, who will inform the company of the exercise of the right of withdrawal so that the company can send it the information allowing the return of the products. customs fees that may be applied are the responsibility of the customer.
the products must be returned to the following address: 114, rue saint honoré 75001 Paris in perfect condition for resale (unworn, undamaged, undamaged or soiled), in their original packaging, accompanied by the certificate of authenticity , any accessories (except gift wrapping) and a copy of the invoice.
if the return is accepted after checking the condition of the products, the refund will be made by the company or, where applicable, by its alma partner, by the same means of payment as that used by the customer no later than fourteen (14) days from the receipt of the product (s) by the company or the transmission of proof of shipment of the product (s).
model withdrawal form to be returned by registered letter with acknowledgment of receipt:
for the attention of the company 231, rue saint honoré 75001 Paris (France)
11. lack of conformity and hidden defects of the products
the stipulations of this article are without prejudice to the right of withdrawal provided for in article x.
in accordance with the legal provisions in force, the products benefit from the legal guarantees of conformity provided for by articles l.211-4 and following of the consumer code and hidden defects provided for by articles 1641 and following of the civil code.
the customer has a period of two (2) years from the delivery of the products to act as a legal guarantee of conformity or in default of hidden defects.
the products must be returned, in accordance with the return procedure mentioned in article x by writing to the address firstname.lastname@example.org, in a perfect condition for resale (unworn, undamaged, damaged or soiled, in addition to the defect alleged), in their original packaging, accompanied by any accessories (except gift packaging) and a copy of the invoice.
if the return is accepted, the customer may request repair or replacement of the product, or if these are impossible, the resolution of the sale or a reduction in the sale price for products affected by hidden defects.
the return costs will be borne by the company which, after having been informed of the exercise of the right of withdrawal, will send the customer the information allowing the return of the products.
12. responsibilities and guarantees
the customer is solely responsible for his account which allows him in particular to manage his orders, the personal data appearing therein and his password.
the customer is fully responsible for any payment incident. the customer guarantees the company to be fully vested with the rights to settle any order that he undertakes to honor in full.
the company will not be responsible for:
any shortage of stocks that may occur during an order;
partial or total non-performance of its obligations or any delay in the performance thereof, if this non-performance or delay were caused by the occurrence of unforeseeable, irresistible and external events or if this non-performance or poor performance is attributable to users or that it is the unforeseeable and insurmountable fact of a third party;
difficulties related to the Internet network and difficulties related to hosting and more generally any technical disturbance that may occur on the site.
the site may be interrupted for technical reasons without the responsibility of the company being able to be implemented as such.
if the responsibility of the company should be engaged for any reason whatsoever, the maximum amount to which the company could be condemned cannot in any case exceed the amount of the order.
for any request, the company can be contacted via form or email, go to the contact page.
14. intellectual property
the site is a work of the mind protected by intellectual property rights. the site is the exclusive property of the company the company.
any reproduction or representation, in whole or in part, of the site, or of one of its elements, on any medium whatsoever, for other purposes, and in particular commercial, is expressly prohibited.
the company does not control the content, advertising, products or services available on or from sites linked to its site.
the products marketed by the company constitute intellectual works protected by intellectual property law. the acquisition of a product does not confer on the customer any transfer or assignment of intellectual property rights.
15. account deletion
the customer can ask the company to delete his account by writing by email or via the form on the contact page
the deletion of the account will be effective two months after receipt of the request by the company and except for an order in progress.
the customer will have to recover the invoices of his orders before the deletion of his account.
16. force majeure
neither the client nor the company will be responsible for any defect or delay in performance caused by reasons beyond its control, such as fires, floods, epidemics, famines, earthquakes, hurricanes and other natural disasters or even regulation or acts of any authority or civil or military act of any self-regulatory authority, wars, terrorism, riots, civil unrest, sabotage, theft or other criminal acts of third.
17. final stipulations
the non-claim by the company of any of the stipulations of the general terms and conditions cannot be considered or interpreted as a waiver of its benefit.
if one or more stipulations of the GCS are declared invalid, the others will retain all their force and reach. in this case, the parties must, if possible, replace this canceled stipulation by a valid stipulation corresponding to the spirit and the object of the general terms and conditions.
17.2 the GCS are governed by French law. the French version of the cgv prevails over any other version.
in the event of a dispute, the non-professional client has the option of resorting to mediation or any other alternative dispute resolution method.
within the limits provided for by the law in force, any dispute as to the validity, interpretation or execution of the general terms and conditions, will be subject to the exclusive jurisdiction of the tribunal de grande instance of paris, including in the event of a guarantee call or plurality of defendants.
users acknowledge having read and understood the terms and conditions and hereby agree to be bound by them.