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General Sales conditions

Article 1: Introduction and Contact

1.1 Introduction

The present general sales conditions apply exclusively between Hurbane SARL, 16 bd St Germain, 75005 Paris,France, with a capital of 10 000 EUR (below "We") and every individual who visits and buys via our Internet site en.hurbane.com. (below "You").
Every internet user should be aware of the general sales conditions on the site en.hurbane.com (below the "Site"). These general sales conditions being subject to modification, the applicable conditions are those which are listed on the site at the time when your order is processed.

1.2 Contact

If you would like to contact us, you can reach us: http://www.hurbane.com/contact.php
Publishing director: Raphael Jansem, 16 bd St Germain, 75005 Paris - France
Site host: OVH, 2 rue Kellermann - 59100 Roubaix - France

Article 2: Contract

2.1 Conditions for submitting an order

- You declare yourself as a person of at least 18 years with the legal authorisation or the signed permission of a parent that allows you to place an order on the Site.
- Your actions are toward your personal needs
- You unequivocally accept these general sales conditions
If one of these three conditions is not fulfilled, you are not authorised to use this site and place an order.

2.2 Ordering

After you have placed your order, we send you an e-mail confirmation. We also contact you by telephone. We will then inform you about the delivery of your products.
Your order includes a bill that will be addressed to you.

2.3 Emballage, coffret et pochon

Chaque produit vous sera envoyé dans un emballage adapté au transport.
En plus de cela, un coffret en carton ou un pochon en tissu (selon la taille du produit commandé), emballera votre produit vous permettant ainsi de l'offrir directement.

Article 3: Price, Availability, Delivery and Customs

3.1 Price

The prices listed on the site are in euros including all French taxes (VAT and other applicable taxes), including transportation, service, and packaging costs, and including the cases in which every order is delivered.
We reserve the right to modify our prices without advanced notice and at any time. Products that have already been ordered will be billed according to the listed price at the time of ordering.
Despite all our efforts, it is possible that a product on Our Site contains a price error. In this case, We inform You and proceed to the cancellation of your order unless you accept the item at its new price.
The «boutique prices» listed on our site correspond to the prices established by stores in France for identical products, or prices at which We think a comparable product would be offered in a store in France according to our price evaluation methods. We are in no way responsable for the price indicated.

3.2 Availability and delivery

We inform You of the standard date of delivery on the Site's information page for every product. This date is an indicative date. In case of delay with respect to the announced date, you will be contacted by e-mail and/or by phone as soon as we have the necessary information. Furthermore, you will benefit from a gift certificate in case of delay, described in article 3.3
In the event that you choose to pay by transfer or by telephone, your order will only be processed when your payment is received and the date of delivery will be delayed accordingly.
If, despite our efforts, a product could not be delivered, We will inform You by e-mail and/or by telephone as quickly as possible and your order will be cancelled without it enabling any kind of compensation besides a refund for your order.

3.3 Customs of the European Community

The order being sent from France, no toll rights apply in the European Community.
The deliveries outside the European Community are not carried out.

Article 4: Payment

4.1 Methods of payment possible

You can pay by credit card (Visa/Mastercard), bank transfer, Paypal or by telephone.
Information for enacting payment (address, total, order no.) are indicated on the confirmation pages of the order and should be respected carefully so that the order is processed.

4.2 Refusal of payment and cancellation of the order

For reasons of security, we reserve the right to refuse payments and thus cancel orders
- for bank cards issued from banks residing outside the European Community
- for cheques not written in euros drawn from a bank residing outside of the European Community
- for transfers originating in banks residing outside of the European Community
- for a non-referenced delivery address, hotels or postal boxes
- if we are not able to reach the person who has placed the order
- for any doubt about the good intentions of the order

Article 5: Returns And Refunds

5.1 Situations giving rise to a return

Three situations can yield a return with refund for your product :
- Your right to rescind of seven (7) days provided by the law to return the items to us without a justifying motive.
- In case of delivery of an item that dos not correspond with your order or has been damaged during transport
- Up to until 30 days after delivery, We give you the opportunity to return the ordered items that do not meet with your entire satisfaction for refund or another size.
Return does not apply to products that were engraved or personalised according to your requests.

5.2 Conditions of accepting return

In the three cases, so that the return is accepted:
- you should notify us by telephone and strictly adhere to the return process that we communicate to you by telephone and/or by e-mail ;
- the products should be returned to Us in their complete, original packaging (accessories, magnifying glasses, gloves, packaging, case, instructions...), in perfect condition and accompanied by a copy of the bill. Incomplete, dirtied, damaged, or broken products will not be considered for return under any circumstances
- our experts should confirm to you that the product, notably the setting and the diamonds, is in the state as the product when it was sent to You, without modification, damage, or intervention of any kind.
- You will be responsible for the costs of returning the item

5.3 Methods of refunding

We will reimburse you during the 30 days following the return of the products, a deduction made of all the reductions, promotions, or gift certificates from which you would have benefitted during your order.
You will be reimbursed for every cheque, transfer or credit on a bank card, at our volition and only for the account of the person who enacted payment.

Article 6: Guarantees and Responsabilities

6.1 Guarantees

You benefit from the legal rights with regard to product defects.
Furthermore, for the period of a year the products have a parts and service guarantee.
We commit ourselves to reimburse You or provide You with an exchange of Our choice for the defective products that You return to Us during this period.
This guarantee will only be granted to you if:
- you have notified us by telephone and you adhere to the process for returns that we have communicated to you by telephone and/or by e-mail ;
- the defect does not result from abnormal or non-conformative use, from an accidental occurence, or from an external cause(such as the intervention of a third party that is not authorised to the product)
-normal use or age ;
- the expedition and return costs remain at your expense.

6.2 Responsibility

We renounce any responsibility in the event that the article is delivered without respect for the legal restrictions established by the European Community.
We commit ourselves to provide attentive professional service to our clients. Nevertheless, we cannot be held responsible in the event of failing to meet contractual obligations because of internal or external causes according to statues as defined by French law.
Moreover, in case of non-substantial differences between presentations photos and the products on our Site, texts and illustrations and the items ordered, we will not be held responsible.
We carry out all the means of which we are disposed to assure object performance presented in the General Sales Conditions. We are responsible for all direct and foreseeable damage at the moment of use of our Site or at the end of a purchasing contract between You and Us, however, this compensation cannot excede the total of your last purchase in any event.
We do not incur responsibility at any time for loss of benefits, possessions or failure to win or any indirect or unforeseeable damage at the moment of use of our Site or at the end of a purchasing contract between You and Us.

Article 7: Retention of Title

The goods delivered remain our property until their shipment, transfer to the transporter and completion of the payment.

Article 8: Access to the Site and Property Rights

We grant you access to and use of our Site for your personal activities.
In no way are you allowed to download, reproduce, copy, sell, exploit or modify all or a part of the Site (especially listed products, descriptions, price, downloads or copies of database information, browsers, sounds bites, graphics, images, texts, photos, tools) without our explicit, written information.The Site may include links to other internet sites. These other sites are not in Our control and in no way can we be held responsible for accuracy, respect for intellectual property rights, legality, decency or any other aspect of the sites' content.

Article 9: Protection of Personal Data

We commit ourselves to protecting data that is personal to You. All personal data regarding you that we have accumulated will be treated with the strictest confidentiality in conformity with the nature of our policies for protecting your personal data:
- The personal data that we accumulate from the information you enter function exclusively in the processing of your order under the best possible of circumstances and to offer you appropriate products.
- Your personal data will never be rented, given, or sold to third parties or used with any other objective than processing your order.
- You possess the right to access and modify the entirety of your personal information on the secured inferface of your account's administration.
- Non-personal data that has been collected from the navigation of users on the site serves to improve the proposed services to our clients, notably the user-friendliness of our site, the products presented or client relations.

Article 10: Applicable Law and Competent Jurisdiction

The present general sales conditions are subject to Swiss law.
All litigations relative to the commercial relationship between You and Us are subject to the competence of Swiss jurisdiction.

Article 11: Identification

Hurbane is a commercial label used to designate Hurbane SARL.
This web site belongs to and is managed by Hurbane SARL.
This site is declared to the CNIL under the number 1700848