Terms and Conditions of Use & Sale

These terms and conditions of sale (the “Terms and Conditions”) contain information about who we are and the terms on which we supply products to you from the website [www.graff.com] (the “Site”). Your use of our Site is also subject to the terms and conditions of use of the Site. Please read these Terms and Conditions carefully before submitting your order to us. These terms and conditions tell you who we are, the terms on which we will supply products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. By placing an order on our Site, you agree to be bound by the terms of the Terms and Conditions and the terms and conditions of use of our Site. If you do not agree to these Terms and Conditions or have any questions about them, you can contact our customer service team.

1. INFORMATION ABOUT US AND HOW TO CONTACT US

Who we are. We are Graff Diamonds SARL (hereinafter “Graff” or “we”), a company registered in England and Wales, with registered office at 237 Rue Saint-Honore, 75001 Paris. Our company registration number is 0678883. Our VAT number is [GB 232-320-025]. To find out more about Maison Graff and our history, please visit Contact Us. You can contact our customer service team at 01 83 75 54 55.

To contact you. If we need to contact you, we will do so using the telephone number, email address or postal address you provided to us when you placed your order. We (and/or our delivery partners) may also, if convenient for you, use SMS, WhatsApp messages or other messaging services, to provide you with information about orders and deliveries. For more information on how we may contact you and how we will process your personal data (such as your contact details), please see our privacy policy.

Communication. When we use the word "written" or the adjective "written" in the Terms, this includes emails.

2. PLACING AN ORDER

Who can place an order? The Terms and Conditions relate to our Europe Site [www.graff.com]. To make purchases on the Website, you must be over 18 years of age and a resident of the European Union.

If you are not a resident of the European Union or wish to ship goods to a country other than those within the European Union please consult our global directory or contact our customer service team who will be able to direct you to the relevant website.

When is an order placed? Once you have selected the products you wish to purchase and placed them in your shopping cart, you will be guided through the ordering process by a series of on-screen instructions. To finalise your order and proceed with the purchase of the products, click on the [PAY NOW] button at the end of the ordering process (once you have checked the total price in detail and corrected any errors). We may request a pre-authorisation for payment at the time you place your order, but you will not be charged until we notify you that the goods are ready to be dispatched.

Payment options. You will have the option to pay for your order as a guest or by using your personal customer account.

Order confirmation. Once you have placed your order, we will send you an order confirmation detailing the products you have purchased on our Site. These emails do not constitute acceptance of your order by us.

Your order number. When we accept your order on the Site, an order number will be assigned to it and communicated to you. This number should be retained in case you wish to contact us following your purchase.

3. OUR CONTRACT WITH YOU

Acceptance of the order. Acceptance of your order will take place when we send you an email advising you of the dispatch of your order. The contract between you and us will be formed at the time of this dispatch. We will also issue an invoice at this time and will collect your payment by the means of payment that you have chosen with us.

Refusal of the order. If we are unable to accept your order, we will inform you by email and/or telephone, using the contact details that you have provided on the Site and will not charge you for the product. This may be, for example, because the product is out of stock, due to unforeseen events or exceeding our capacities for reasons we could not reasonably anticipate, because you do not meet the eligibility criteria set out in the General Conditions to place an order, because we have not been authorized to receive your payment, because we have identified an error in the price or description of the product or because we cannot meet a delivery time that you have specified to us.

4. OUR PRODUCTS

We will take all reasonable steps to ensure that the descriptions, images and prices of products that appear on our Site are correct, accurate and up to date. However, please note the following:

If you have any questions regarding the physical appearance or characteristics of a product you wish to purchase, please contact our customer service team.

Images. The images of products displayed on our Site are for illustrative purposes only and may not actually correspond to the product you will receive. There may be noticeable differences in, for example:

(a) Colour: Although we have made every effort to display the colours accurately, we cannot guarantee that a computer device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from these images.

(b) Size: On the Website, some products appear larger than actual size so that we can clearly show the details of the product. They may also be shown at a small scale in order to show the whole item. The scale of your product may vary, please refer to the product measurements and dimensions for an accurate representation of the product size.

(c) Carat weight: The carat weight as expressed on our Site for each product is accurate to 2 decimal places. Images used on our Site may show products with similar, but not exactly identical, carat weights.

Personalised products. Some of our rings can be personalised to your size according to your preferences. Where this is the case, you will be presented with sizing options during the ordering process. In the event of personalisation, we may need to make changes to the original specifications; in this case, we will discuss these changes before confirming your order.

Product packaging may vary. The packaging of the product may vary from that shown in images on our Website.

Ensure your measurements are accurate. If we adapt the product to the measurements you have given us, it is your responsibility to ensure that these measurements are correct. For this purpose, you can refer to our size guide at any time. If you need help, please contact us.

5. DELIVERY

Delivery costs. We use specialist partners to deliver our products to you. Delivery costs vary depending on the products and the delivery address. Delivery costs will be indicated during the order process. You can find out more about delivery costs and times here.

Delivery times. Your order will be delivered on the estimated delivery date, as stated in your order confirmation email, unless circumstances beyond our control prevent us from doing so. In this case, we will contact you as soon as possible to inform you and provide you with a new estimated delivery date and we will not be liable for this. If the delay is significant, you can contact us to end the contract and receive a refund for any products you have paid for but not received.

Pick-up. If you have requested to collect the products from one of our stores, you can do so during the announced opening hours.

Missed deliveries and pickups. If no one is available at your address to take delivery of the products, our delivery providers will leave you a note informing you of how to arrange a redelivery or collection in store.

If you do not collect the products as arranged or if, following a missed delivery, you do not arrange a redelivery or collection, we will contact you for further information. If, despite our reasonable efforts, we are unable to contact you or arrange a redelivery or collection, we may end the contract and refund you for any products you have paid for but not received.

Ownership and risk. The risk in the product you have ordered will pass to you when the product is delivered to you (or a person authorised by you to do so) by us or our partners acting on our behalf. If you inform us that you wish to withdraw from the contract under the Terms and Conditions, the risk in the returned products will pass to us when the product is handed over to one of our store staff or our specialist delivery partner (if we have arranged to collect the product from you - or, if you arrange to return the products yourself) when we receive it from your carrier at one of our stores or at our office address.

Ownership of the product will pass to you when we have received your payment in full and (in the case of payment by bank transfer) in cleared funds.

6. YOUR RIGHTS TO END THE CONTRACT

Damaged, faulty, non-conforming or misdescribed products. If what you have purchased is damaged, faulty, non-conforming or misdescribed, you have the right to end the contract (and either have the product repaired or replaced or receive a full or partial refund). See paragraph 9.

Our breach. Without prejudice to any rights and options set out elsewhere in the Terms, you have the right to end the contract if:

(a) we recognise an error in the price or description of the product you have ordered which you do not wish to confirm; or

(b) we are in breach of these Terms or in breach of our legal obligations.

To exercise this right to cancel, you should notify us here. When we receive this notification from you, the contract will end immediately and we will refund you in full for any products that have not been supplied and you may also be entitled to compensation, if applicable.

Legal right of withdrawal (Article L. 221-18 of the Consumer Code. Without prejudice to other rights available to you under the Terms, you have, in accordance with the legal provisions in force, for most products purchased online, the legal right to withdraw within fourteen (14) days and to be reimbursed without having to provide any reason or pay a penalty.

The terms and conditions for exercising the legal right of withdrawal are set out below.

However, this right of withdrawal does not apply to:

Products manufactured to your specifications or that have been personalized.

Products sealed for health protection or hygiene purposes, once they have been unsealed after receipt. This includes piercing jewellery, such as earrings.

You have 14 days from receipt of the order or collection of the products to exercise your right of withdrawal. If your order was delivered in multiple shipments, the 14-day period begins from receipt of the last shipment or the last collection of the product.

7. WITHDRAWAL / CANCELLATION TERMS

Terms. If you wish to end the contract in accordance with your rights under the Terms and the law, you must inform us:

(a) In person at one of our stores.

(b) By telephone, email or message. Please provide your name, address, order number and, if applicable, your telephone number and email address.

(d) By post. Print out the form and send it to us by post to the address given on the form. Or simply write to us at that address, specifying what you have purchased, when you ordered or received it, and your name and address.

Returning Products. If you are exercising your statutory or contractual right to end the contract after the products have been dispatched to you or you have received them, you must return them to us in accordance with our returns policy. If you are exercising your right to cancel, you must either take the products to your local store or allow us to collect them within 14 days of the day on which you told us you wish to end the contract.

You must take reasonable care of the products until they are returned to us and return them to us in the condition in which you received them. If you fail to do so, we may be entitled to reduce the refund we pay you or claim compensation.

Return costs. If you terminate the contract early under your statutory rights or under the Terms and Conditions and we arrange to collect the products from you, we will bear the costs of doing so. In all other cases, you will be responsible for the cost of returning the products to us.

Refunds. If you are entitled to return the products in accordance with your rights under the Terms and Conditions or your statutory rights, we will refund the price you paid for the products, including the costs of delivery, using the same means of payment as you used to pay.

If you are exercising your right to cancel, we may reduce the amount of the refund to take account of any reduction in the value of the products that results from your handling of the goods in a way that would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and we subsequently discover that you have handled them in an unacceptable way, you must pay us an appropriate amount.

We will make any refunds due to you as soon as possible. If you are exercising your statutory right to cancel, your refund will be made within 14 days from the day on which we receive the returned products back or, where we have arranged for the return, from the day on which you inform us that you wish to cancel the contract.

8. OUR RIGHT TO SUSPEND/TERMINATE THE CONTRACT

Non-payment. We will not charge your credit card or collect your payment until we dispatch the products to you. If we are unable to process the payment at that time, we will suspend dispatch and contact you to allow you to pay by another means. If you are unable to pay, we may terminate the contract.

9. WARRANTIES

How to inform us in case of a problem. If you have any questions or complaints regarding the product, please contact us. You can contact our customer service team. You can also contact one of our employees in one of our stores.

Your legal rights. As a consumer, you have rights with respect to products that are defective or do not conform to their description. Nothing in these General Conditions affects these rights.

Legal guarantees. In accordance with the Consumer Code and the Civil Code, all products offered on the Site are subject to the legal guarantee of conformity provided for in Articles L.217-4 et seq. of the Consumer Code and to the guarantee of hidden defects provided for in Articles 1641 et seq. of the Civil Code. In application of these articles, non-compliant or defective products may be returned. It is recalled that within the framework of the legal guarantee of conformity, the consumer benefits from a period of two years from the delivery or handover of the product to take action against his seller, and that he can choose between the repair or replacement of the product, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code. The consumer is exempt from providing proof that the lack of conformity predates the purchase of the product. It is recalled that the consumer can also benefit from the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and that in this case, he can choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

Your obligation to return rejected products. If you wish to exercise your legal right to reject products, you must either return them to one of our stores or allow us to collect them. We will cover the cost of collection. Please contact customer service to obtain a return label or to arrange collection.

10. PRICES AND PAYMENT

Prices inclusive of VAT. The price of the product (including VAT) will be the price stated on the order page when you placed your order. If the rate of VAT changes between the date of your order and the date of delivery of the product, we may adjust the rate of VAT you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

What happens if we have made a mistake in the price? We take every care to ensure that the price of the product advised to you is correct and we check prices before accepting your order. It is always possible that, despite our best efforts, there may be an error in the price of some of the products we sell on the Site. If, at the time you place your order, an error in the price occurs, and the actual price of the product is lower than the stated price, we will charge you the lower amount. If the actual price of the product at the date of your order is higher than the price stated to you, we will contact you to ask for information before accepting your order. However, if we accept and process your order and a pricing error is obvious and could reasonably have been recognised by you, we may end the contract, refund you any sums you have paid and require the return of any goods supplied to you.

When and how to pay. We accept payment by the various payment methods listed on the order page. We require you to pay for the products at the time you place your order, but we cannot charge your credit card until the products are dispatched. When you place an order, you confirm that the payment method you are using to pay us is yours and that you are authorised to place the order.

If you believe that an invoice or information on the order confirmation email or dispatch note is incorrect, please contact us promptly to let us know.

11. LIMITATION OF LIABILITY

Nothing in these Terms and Conditions excludes or limits our liability for (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) breach of your statutory rights in relation to the Products, including the right to receive and enjoy the benefit of the Products, provided that they are of satisfactory quality, consistent with their description and the information we have provided to you and any samples and models you have been able to examine and, fit for any particular purpose notified to us; (d) breach of the obligations of conformity and non-defect arising from the Consumer Code and the Civil Code; (e) any other matter for which we are not permitted to exclude or limit our liability under applicable law.

We will not be liable for any loss or damage that cannot reasonably be considered foreseeable and that arises out of or is in connection with the Terms and Conditions. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the contract was made, both you and we knew it might happen.

We only supply the products for your personal and private use. If you use the products for any commercial, business or re-sale purposes, we will not be liable to you for any loss of profit, loss of business, business interruption, or loss of business opportunity or goodwill.

Subject to the exclusions set out above, our liability in contract, tort (including negligence) or any other nature whatsoever arising out of or in connection with these Terms and Conditions will be strictly limited to the purchase price of the product purchased by you.

12. HOW WE USE YOUR PERSONAL INFORMATION

We will only use your personal information in accordance with our commitments to protect personal data.

13. OTHER IMPORTANT TERMS

Amendments. We may review and amend these Terms from time to time, for any reason, including to reflect changes in applicable laws and regulatory requirements.

Assignment. We may assign, transfer or subcontract our rights and obligations under these Terms to any third party at our discretion and we will remain liable for the acts and omissions of any subcontractor as if they were our own acts and omissions.

You may only assign, transfer or subcontract your rights or obligations under these Terms to any third party if we agree to this in writing.

Third Party Rights. These Terms are between you and us and have effect only between you and us. Subject to applicable law, no third party shall have any rights arising from these Terms.

Severability. Each clause of the Terms is independent. If any of the provisions of the Conditions is declared null or void with regard to a legislative or regulatory provision in force and/or a court decision having the force of res judicata, it will be deemed unwritten and will not result in the nullity of the other provisions which will remain fully in force.

Waiver. The fact that we do not invoke any of the provisions of these Conditions against the other party shall not be interpreted as a waiver of the right to invoke them at a later date.

Proof: The parties agree that only the day and time of receipt by Graff of the emails sent to it in application of the provisions of the General Conditions, in particular for orders, shall be authentic.

Force majeure: We cannot be held liable in any way in the event of force majeure as recognized by the courts, and in particular: events such as strikes, workshop closures, fires, machine breakdowns, manufacturing incidents or delays in the supply of raw materials, blockages or delays in means of transport, epidemics are considered to be cases of force majeure, even if they are only partial and whatever the cause. In the event of absence or delay in delivery due to a case of force majeure lasting for a period equal to or greater than 3 (three) months, orders will be cancelled at your express request. In this case, we undertake to reimburse you for the amount of your order in accordance with the provisions of the General Terms and Conditions.

Jurisdiction and applicable law. These Conditions of Sale shall be governed by and construed in accordance with the laws of the country in which the applicable Selling Entity has its registered office, without reference to conflict of laws provisions.

The courts will have non-exclusive jurisdiction over any dispute or claim arising out of or in connection with these Terms and Conditions, the Products and any order or contract between you and us.

Consumer Mediation. In the event that an amicable solution cannot be found in the event of a dispute, in accordance with Article L.133-4 of the Consumer Code, as a French consumer, you have the right to resort free of charge to a conventional mediation procedure or to any other alternative dispute resolution method:

You can also consult the European Dispute Resolution Platform:

https://webgate.ec.europa.eu/odr/

Effective date: [August 2020]