Conditions of Sale

Article 1 - Identity of the vendor

LOVEBIRD SAS is a simplified joint-stock company with a capital of €1000, registered with the Nanterre Trade and Companies (France) under SIRET number 820 042 687. Address : 6 rue de Lille, 92200, Neuilly-sur-Seine, France. Telephone number: 06 67 39 96 65 - VAT number: FR 088 200 426 87.

Article 2 - About the conditions of sale

The following Conditions of Sale (“COS”) are intended to define the implementation principles of the contractual relationship between the Client (“Clients”, “You”) and LOVEBIRD (“We”, “Us”), and thus cover the products, orders, payment and delivery. We recommend that you read these COS carefully before placing an order on www.lovebirdparis.com.

These COS apply to all sales made through the Website (our “Site”), accessible at www.lovebirdparis.com, by any natural person not acting in a professional capacity.

Exchanges between you and LOVEBIRD will be conducted exclusively via electronic means and distance selling. Thus, you agree that all information, recommendations, orders and other communication exchanges are conducted electronically.

These COS may be modified from time to time. The version applicable to each sale is the one in force at the time of payment of your order. An updated version of our COS remains accessible at any time under the “Conditions of Sale” tab.

All orders placed on our Website imply full acceptance of these COS, and you acknowledge that you have read them by checking the box provided for this purpose under the order confirmation section.

Article 3 - Product

3.1 Main characteristics of the product

Each product offered by LOVEBIRD is handcrafted, which makes it a unique piece in its design, finish and components. Each gemstone used for each product is therefore unique, and their color can vary from one product to another.

The main characteristics of our products, including specific materials, appearances and dimensions, are presented on our Website www.lovebirdparis.com under the “Love Collection” tab when you click on the product you are interested in.

You are invited to refer to i) the product page, which will provide you with information on the product’s main properties and particularities, ii) the conditions and precautions of use. By checking the box “I accept the Conditions of Sale”, you acknowledge that you have read and accept our Conditions of Sale.

On the Site, photographs of products will be presented for illustrative purposes. These visuals and descriptions, though as accurate as possible, are not contractually binding. Therefore, LOVEBIRD will not be held responsible for any errors or omissions.

3.2 Product availability

Each product is custom-made. Therefore, there may be occasions where certain raw materials become unavailable after finalizing your order. In this case, LOVEBIRD will notify you as soon as possible by e-mail, and provide you with a new delivery time accordingly.

However, if you wish to cancel your order, LOVEBIRD will agree to refund you the price of the product as soon as possible, within 30 days of the original date of payment.

Article 4 - Price

All prices are listed on LOVEBIRD’S Website, accessible at the following address: www.lovebirdparis.com. In accordance with the fluctuation of prices of gold and other raw materials, product prices can be subject to change. LOVEBIRD reserves the right to change the prices on any sale that is not firm and final at the time of the order.

Each sale is considered firm and final from the moment you receive the confirmation receipt of your order.

The prices shown on our Website are in Euros and are inclusive of French VAT. The prices take into account the VAT applicable on the day of the order, and therefore the rate can vary from one order to another according to its fluctuation. LOVEBIRD will automatically reflect the changes in price for each product.

These prices do not include international shipping costs and other taxes such as foreign taxes and custom duties, which are borne by you. LOVEBIRD has no control over these charges. Shipping costs are described in the “Delivery” section (Article 10) of these COS.

In the event of prices being displayed incorrectly due to technical difficulties, whether they be IT-related or manual, especially if the prices are derisory or manifestly incorrect, the order will be cancelled without compensation.

Article 5 - Registration

LOVEBIRD gives you the possibility of registering and creating an online account when placing an order. This account will give you access to your personal details, invoices, shipping address and payment method.

This account is personal and you are responsible for ensuring that its access is restricted to you alone, and that the confidentiality of your login credentials remains secure. Any transaction conducted through your account will be deemed to have been made by you.

Should you become aware of an unauthorized use of your personal account, you must notify LOVEBIRD immediately (email address listed on the Website) so that appropriate action may be taken.

Article 6 - Data protection and privacy

6.1 Collection of data

When placing an order, and during the registration process, LOVEBIRD may collect your personal data. Your personal details are requested in order to access specific features on our Website. Leaving required fields blank may prevent further action on the Site.

For non-compulsory data, you are free to leave blank the fields provided for this purpose.

This data will be used by LOVEBIRD, a simplified joint-stock company, represented by Anaïs Villemagne. The database may be used for our Customer service, Marketing service and Commercial service purposes.

Registered office: 6, rue de Lille, 92200, Neuilly-sur-Seine (France).
contact@lovebirdparis.com

6.1.1 Type of information collected

LOVEBIRD may collect:

• Personal data such as your name, address, phone number, e-mail address, shipping and billing addresses, date of birth, and internal electronic client identification code
• Payment method data such as card number and expiry date
• Transaction data such as payment details and purchase details
• Business relationship data such as document requests, products purchased, quantity, price, delivery address, purchase history and services, product returns, origin of sale (vendor, agent, partner, affiliate) or order, correspondence with the Client and customer service, exchanges and comments with clients and prospects, persons in charge of customer relations
• Data related to the organization and processing of contests and other promotional campaigns such as date of participation and answers to competitions
• Data related to the contributions from people, such as reviews on products, services and content, including their nicknames.

Information needed to access specific functionalities of the Website, such as online ordering, will be mentioned during data entry. Leaving mandatory fields blank will prevent further action from being carried out on the site (account registration, order, etc).

For non-compulsory information, you are free to leave blank the fields provided for this purpose.

6.1.2 Purpose of processing

The collection of data is performed in order to manage client relationships with LOVEBIRD, process orders, conduct accounting, monitor customer relations, conduct surveys and market research, deal with enquiries and requests, prevent fraud and illegal activities, improve our products and services, work on business development, compile business statistics, close, share or exchange client files or prospect files, organize a loyalty program, organize contests and other promotional operations.

LOVEBIRD is the only recipient of the data collected. Without your prior consent, this data will not be transmitted to other companies or partners for commercial purposes.

6.2 Retention of data

Personal data is stored for the time necessary for management of the commercial relationship that you will have with LOVEBIRD. LOVEBIRD may retain your personal data for a maximum of three (3) years from the last date of commercial communication.

Banking data will be deleted once the transaction is completed.

Visual ciphers will never be kept.

6.3 Access to personal data and right of opposition

In accordance with French Law No 78-17 of 6 January 1978, amended in 2004, relating to information technology, files and freedoms, you have:

• The right of opposition for legitimate reasons to collection of your data and you may object to the dissemination, transmission or use of your data for marketing purposes. You may exercise this right by contacting LOVEBIRD at the address listed below, by refraining to answer the questions you are asked on our Website – as long as they are not mandatory, otherwise you may not be able to access certain services offered by LOVEBIRD - or by checking the box stating that you do not allow your personal data to be used for the purposes proposed.
• The permanent right to access, query, modify and delete data concerning you.

You can exercise these rights at any time by contacting LOVEBIRD:

• Either by post: LOVEBIRD 6 rue de Lille 92200 Neuilly-sur-Seine France

For safety reasons and to prevent fraud, a copy of an identity document must accompany your request. After processing your request, your proof will be destroyed or, in accordance with the applicable law, the record will only be stored for a maximum period of one (1) year.

If, while visiting our Website, you access personal data, you must refrain from any collection, unauthorized use or act that may constitute an invasion of privacy or damage to the reputation of the individuals. LOVEBIRD accepts no responsibility in this regard.

The processing of personal data has been declared to the French National Data Protection Commission (“CNIL”) under number 1981480.

Article 7 - Cookies

When you access the Site, LOVEBIRD may automatically collect data that you have supplied or read while visiting our Website www.lovebirdparis.com, in addition to log in or online purchase information, with the use of trackers (also known as “Cookies”).

Cookies are used to enhance your experience on our Website and offer you personalized services.

Cookies do not allow your personal identification.

LOVEBIRD may use the web data for the following purposes:

• Audience measurement for anonymous statistical analysis (number of visitors, pages viewed, visit frequency, etc.)
• Authentication (shopping cart, session identifier, etc.)
• Customization and improving the site interface.

RIGHT OF OPPOSITION – at any time, you may object to the registration of cookies by configuring your browser in the following way:

1) FOR MOZILLA FIREFOX

• https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
• 1. Click the “Tools” menu, then “Options”
• 2. Select the “Privacy” icon
• 3. Set “Firefox will”: to “Use custom settings for history” and uncheck “Accept cookies”

2) FOR GOOGLE CHROME

• https://support.google.com/chrome/answer/95647?hl=en
• 1. Click the “Chrome” menu
• 2. Select “Settings”, then “show advanced settings”
• 3. In the “Privacy” section, click “Content settings” and choose your cookie options

3) FOR MICROSOFT INTERNET EXPLORER

• https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies
• 1. Select the “Tools” menu, then select “Internet options”
• 2. Select the “Privacy” tab, then “Settings”
• 3. Choose the security level options

4) FOR SAFARI

• https://support.apple.com/kb/PH19214?locale=en_US&viewlocale=en_US
• 1. Choose the “Safari” menu, then click “Preferences”
• 2. In the “Privacy” icon, select your cookie options.

5) FOR OPERA

• http://help.opera.com/Windows/10.20/fr/cookies.html
• 1. Select the “Opera” menu, then “Settings”
• 2. Go to the “Privacy & Security tab”
• 3. Choose your cookie preferences

Please note that no information will be transmitted to LOVEBIRD if you exercise your right to object.

When you visit our Website www.lovebirdparis.com, a message will appear to inform the Client that LOVEBIRD uses cookies for the purposes of advertising, social media and measuring visitors to the Site.

You also have the right to oppose the use of cookies and to change the parameters by clicking the link “find out more and change cookie settings”, which appears in the message.

Using our website requires your acceptance of cookies in your browser.

Article 8 - Order

When placing an order on our Website, you may create a customer account by checking the box provided for this purpose.

Each order is subject to:

• the full acceptance of our Conditions of Sale,
• the provision of a legal payment method accepted by LOVEBIRD.

In order to purchase a product you must do as follows:

• When you have chosen your product, click on “Add to cart” or a similar box. This operation may be repeated for each desired product.
• You may view a summary of the products selected by clicking on the shopping bag: at this point, you can either modify your shopping bag or confirm your order by clicking on “Checkout” or “Payment”.

In order to complete your order, you will be asked to read our COS and check the box provided for this purpose. Once you have read and accepted our COS, you are aware of the essential terms of the sales contract.

Before validating your order, you must verify the details of your order and personal information one last time, such as your first name, last name, e-mail address, delivery address, the selected payment method, the products ordered, the prices of each product and the delivery costs. If necessary, you may return to the previous page and correct any errors or omissions.

The order is confirmed once you have received by e-mail an acknowledgement of the order.

The sale will be considered final once the payment of the order has been received.

LOVEBIRD gives you the possibility to customize each product according to your wishes. However, LOVEBIRD draws your attention to the fact that each customisation is final and may not be changed once your order has been confirmed. Please be sure of your choices before finalizing your order, which will not be subject to any cancellations or exchange.

Article 9 - Payment

The Client can only pay for LOVEBIRD Products by using a credit card (Visa, Mastercard).

The payment is irrevocable, except in the event of exceptional product unavailability. In the event of fraudulent use of your credit card, you may approach your bank directly to request cancellation of the payment.

LOVEBIRD uses a secure payment service that guarantees the security and confidentiality of the transaction.

In the event of a payment default, such as a credit card payment refusal, payment incident or other reasons, LOVEBIRD reserves the right to cancel the order or delivery.

Once the payment has been finalized, you will receive a receipt of confirmation from LOVEBIRD, via email.

The receipt of confirmation will contain your order details such as price, quantity, delivery cost, method of payment, etc.

You must verify that your contact details are correct before each order. In the event you should not receive a receipt of confirmation within 72 hours, you must notify LOVEBIRD as soon as possible at the following email address: contact@lovebirdparis.com. However, if you fail to report it to LOVEBIRD, the order will be deemed to have been accepted and the binding sales contract will be enforced.

When you have received your order confirmation, your order will be considered final and you may no longer cancel it. However, you may exercise your right of withdrawal (see Article 12).

Article 10 - Delivery

10.1 Delivery zone and restrictions

The products ordered on LOVEBIRD’s website can be shipped worldwide.

The Client must ensure that the delivery address was entered correctly.

LOVEBIRD does not deliver to certain addresses that do not guarantee the receipt of the parcel by the Client, such as PO boxes or hotel addresses.

However, if the Client makes an express request for delivery to those addresses (PO Box, Hotel, etc.), the transport risks will then be borne by the Client upon dispatch of the parcel.

Once the order is validated, LOVEBIRD will not accept changes to the delivery address.

For more information, please contact our customer service at the following email address: contact@lovebirdparis.com.

10.2 Delivery terms and costs

For additional security, the delivery of our products is provided by an independent transport provider, using a secure and tracked service. LOVEBIRD reserves the right to choose the transport provider.

Delivery in Metropolitan France (including Corsica) is free of charge. Outside France, shipping costs will be indicated at the time of order confirmation and may vary depending on the delivery location.

10.3 Delivery timeframe

Each product is manufactured in France and will be delivered within an average period of 5 weeks from the receipt of payment, except in cases of force majeure.

You may track your delivery status by entering the tracking number of your parcel on the transport provider’s website.

10.4 Delivery incidents

LOVEBIRD will not be held responsible for any problems or anomalies that may occur during transport of the products. Moreover, please note that delivery times are indicative and LOVEBIRD will not be held responsible in the event of a long lead time owing to the postal services.

In any event, LOVEBIRD will not be held responsible for delayed delivery due to force majeure or the postal services. In this case, you may not obtain a refund or cancel your order except if you exercise your right of withdrawal as defined in Article 12.

Similarly, in the event of failing to deliver because of your own doing, such as a wrong address or missing information, LOVEBIRD will not be held responsible.

In the event of a loss of the parcel, you must notify LOVEBIRD as soon as possible. An investigation will be undertaken in order to determine the cause of loss. However, please note that LOVEBIRD will not be held responsible for any problems occurring during transport.

In the event of a damaged product (see Article 12.3), you must ensure at the time of receiving the parcel from the transport provider that the parcel and contents are in good condition. If the package is open or damaged, you can either:

• accept the delivery and provide a written complaint to the transport provider at the time of signing the proof of delivery
• refuse the parcel and explain the reasons in writing to the transport provider.

If your order is incomplete or the products received do not correspond to the products ordered, LOVEBIRD must be notified as soon as possible. Moreover, you must keep the products in the parcel as received, without using them. In the event of non-compliance, you may not return the products to LOVEBIRD.

Article 11 - Transfer of title and risk

The risk of loss and damage is transferred to the Client when they take possession of the product, therefore upon receipt of the parcel.

In the event that you make a specific request for delivery to an address that is not covered by LOVEBIRD, such as a PO Box or hotel address, the risks will be transferred to you as soon as LOVEBIRD entrusts the parcel to the transport provider.

The transfer of ownership will take place only upon full payment of the price of the product to LOVEBIRD.

Article 12 - Right of withdrawal

12.1 Withdrawal period

In accordance with the provisions of Article L121-21 of the French Consumer Code, you may exercise your right of withdrawal within 14 working days from the order confirmation or from the date of receipt of the Product, without any justification.

12.2 Exclusions of the right of withdrawal

In accordance with the provisions of Article L121-21-8 of the French Consumer Code, the right of withdrawal does not apply to customised products.

12.3 Exercising the right of withdrawal

If you wish to exercise your right of withdrawal, you must first return the withdrawal form by email to contact@lovebirdparis.com before the withdrawal period expires. LOVEBIRD will then contact you in order to organize the return of the products in the most appropriate conditions.

As stated in Article L121-21-3 of the French Consumer Code, you may return the product within 14 days after you have notified LOVEBIRD of your wish to withdraw.

All returned Products must be in perfect condition, unused, returned in their original packaging (including boxes, authenticity certificate, copy of the invoice), and must include the withdrawal form. You must return the products in perfect condition, ensuring they are carefully protected in transit, to the following address:

LOVEBIRD
6 rue de Lille
92200 – Neuilly-sur-Seine
France

If these conditions or the withdrawal period are not respected, LOVEBIRD will not accept the returned products.

12.4 Refunds and return costs

In the event that you should exercise your right of withdrawal, in accordance with the provisions outlined herein, you will receive a full refund of the price you paid, including delivery costs.

However, return costs will be borne by the Client.

Refunds will be made in accordance with the provisions of Article L121-21-4 of the French Consumer Code, within 14 days of receipt of the returned product to LOVEBIRD.

LOVEBIRD will refund the Client using the same payment method used for purchase.

Article 13 - Return and exchange

Irrespective of your right of withdrawal, LOVEBIRD offers you the possibility of returning or exchanging the product you have purchased if it does not satisfy you. The return or exchange will be made within 14 days of receipt of the product. However, this cancellation right does not apply to customized products.

The return or exchange request will follow the same procedure as that of the right of withdrawal.

All returned Products must be in their original packaging (including boxes, authenticity certificate, copy of the invoice). The products must be returned in perfect condition, unused, in their original undamaged packaging containing all documents that were originally sent with it, to the following address:

LOVEBIRD
6 rue de Lille
92200 – Neuilly-sur-Seine
France

If returning a product, once the confirmation of receipt has been received, you will be refunded as soon as possible, within 30 days of notifying LOVEBIRD of your intention to exercise your right of cancellation.

Return costs will be borne by LOVEBIRD only for deliveries from Metropolitan France (including Corsica). For international deliveries, you will be responsible for the cost of returning the products to us.

If exchanging a product, once the confirmation of receipt has been received, LOVEBIRD will send you the exchanged product following the same rules and timeframes as those of a normal order.

If you do not comply with these provisions, LOVEBIRD reserves the right not to accept the returned product.

Article 14 - Warranty

Every product is subject, without any additional cost, to the following legal guarantees:

• Legal guarantee of conformity to cover products that are defective, spoiled or damaged, or do not correspond to the order (Article L211-4 et seq of the French Consumer Code).
• Legal guarantee against hidden defects as a result of faulty materials, design or manufacturing procedures affecting the products delivered and rendering them unfit for use (Article 1641 of the French Civil Code).

14.1 Legal guarantee of conformity

In accordance with Article L211-4 of the French Consumer Code, LOVEBIRD is responsible for delivering a good in accordance with the contract, and will be responsible for non-conformities present at the time of delivery. LOVEBIRD is also responsible for non-conformities with regards to packaging, assembly instructions or installation conducted by LOVEBIRD, if stated in the contract, or organized by LOVEBIRD.

In accordance with Article L211-5 of the French Consumer Code, to comply with the contract, the good must:

1) Be suitable for using as expected of a similar good and, if applicable:

• match the description given by LOVEBIRD on their Site (photos and images are not contractually binding) and possess the qualities presented to the buyer in the form of a sample or model;
• Have the qualities that a buyer may legitimately expect in relation to the public statements made by LOVEBIRD, by the producer or by their representative, particularly with regards to advertising or labelling;

2) Or have characteristics as defined by mutual agreement between the parties, or be suited to any special use sought by the buyer, brought to the knowledge of LOVEBIRD, and that the latter has accepted.

The prescription period for actions resulting from the lack of conformity is two (2) years from the date of delivery of the product.

If the lack of conformity becomes apparent within six (6) months from the date of delivery of the product, the defect is presumed to have existed at the time of delivery, unless LOVEBIRD can prove otherwise.

In order to exercise your rights under these legal guarantees, you must inform LOVEBIRD by email only, at contact@lovebirdparis.com, of the non-conformity of the product, within the period indicated in section 14.1.2 from the date of receipt.

Please include the following information:

• Invoice, order number, full name and address
• Product reference
• The lack of conformity identified (product is damaged, worn, does not correspond to the order, etc.)
• Your choice between having the product repaired, replaced or refunded, in accordance with the provisions outlined hereafter.

Products must be returned in their original packaging and original condition, new and unopened.

You may choose between having the product repaired at the expense of LOVEBIRD, or having the product replaced. However, the latter may be refused by LOVEBIRD should it result in a disproportionate cost in comparison to the alternative solution considering the value of the product or the severity of the defect.

If neither solution is possible, you may return the product and receive a full refund of the price you paid for it, including delivery costs.

Delivery costs will be reimbursed on the basis of the cost indicated on the invoice you received, and costs of return will be reimbursed upon your presenting valid receipts.

If the guarantee of conformity applies, LOVEBIRD agrees to:

• Refund you within 15 working days from the date of receipt of the product
• Repair or replace the product within 15 working days from the date of receipt of the product. Please note that in the event of a replacement, the delay may be extended to 5 weeks as each product is custom-made.

LOVEBIRD will not be held responsible in the following situations:

• Non-conformity that you were aware of or that you could not have been reasonably unaware of during purchase of the product.
• Non-conformity as a result of your own fault:
• In the event of non-compliance with the legislation of the country where the products are delivered - it is your responsibility to verify the applicable law in your country.
• In the event of misuse, use for professional purposes, neglect or lack of maintenance - such as wearing the product in a manner unfit for its purpose.
• In the event of force majeure.

14.2 Guarantee against hidden defects

Within two (2) years of discovering a defect, you have the option to request a full or partial refund of the product if it is found to be unfit for use (Articles 1641 to 1648 of the French Civil Code) and according to the same terms set out in Section 14.1.

Article 15 - Liability

15.1 Liability of LOVEBIRD

15.2 Your liability

Article 16 - Intellectual property rights

The products offered on our Site are original creations conceived, conceptualized and created by LOVEBIRD and are protected by copyright. It is strictly forbidden to reproduce or imitate, totally or partially, any of the creations made by LOVEBIRD. LOVEBIRD is the sole owner of the “LOVEBIRD” trademarks and figurative trademarks, which have been registered at the INPI (National Industrial Property Institute, France). As such, it is forbidden to use an identical or similar sign to design identical or similar goods, at the risk of counterfeiting. Similarly, without LOVEBIRD’s prior and express consent, all acts that may cause a risk of confusion are prohibited. More generally, any content on the Site, such as images, illustrations, presentations, texts, including these Conditions of Sale, are the exclusive property of LOVEBIRD. Any total or partial reproduction or modification of this content on any medium or in any form whatsoever is prohibited. Failure to respect these conditions, entitles LOVEBIRD to denounce these acts and claim damages and/or any other measures prescribed by law.

Article 17 - Accessing contract terms

The Client may choose to register and create a customer account in order to view orders, invoices and COS for the duration of their business relationship with LOVEBIRD.

Article 18 - Contract language

The original language of these Conditions of Sale is French.

Article 19 - Applicable law

These Conditions of Sale and any related questions and operations are subject to French law. Therefore, with regards to translations of these COS into other languages, French law will prevail in the event of a dispute.

Article 20 - Jurisdiction and prior mediation / arbitration

In the event of a disagreement between LOVEBIRD and the Client, and before any legal actions, a mediation attempt should be undertaken on the initiative of the more diligent party, in accordance with the French Order of 20 August 2015 and its implementing Decree of 31 October 2015, applicable to any professional as of 1 January 2016.

Please be informed that unlike the process of amicable resolution, mediation interrupts the statute of limitations.

Should mediation be unsuccessful, any dispute that may arise from the purchase and transactions done under these COS, as well as any dispute directly linked to their validity, interpretation, execution and termination, consequences and repercussions, which could not be resolved, will be submitted to the competent French courts pursuant to the rules set out in the French Code of Civil Procedure.

MODEL WITHDRAWAL FORM

To: LOVEBIRD 6 rue de Lille 92200 Neuilly-sur-Seine FRANCE

Or

contact@lovebirdparis.com

I hereby notify you of my will to exercise my right of withdrawal concerning the contract of sale of the following goods:

Ordered on (*) / Received on (*)

Name of consumer(s):

Address of consumer(s):

Date:

Signature of consumer(s):
(only if this form is notified on paper)