Terms of Purchase

Online Sales

Last updated: May 29, 2024

In addition to the Terms of Use https://charlesdarius.fr/pages/legal-notices  which governs your use of this website (the “Site”), these Terms of Purchase govern any order or purchase you (the individual completing this order, “you”) make on the Site operated by Charles Darius & Ateliersavant Europe SAS (“Charles Darius & Ateliersavant Europe SAS” or “Charles Darius & Ateliersavant Europe SAS North America” or “we”). By proceeding to place an order and accepting these Terms of Purchase, you agree to be bound by these Terms of Purchase whether or not you have read them. If you do not agree to these Terms of Purchase, proceed to cancel your order now. Please print a copy of these Terms of Purchase for your records.

 

1. Ordering Process

All advertisements on the Site are invitations to purchase and not offers to sell. Charles Darius & Ateliersavant Europe SAS reserves the right, at its sole discretion, to accept or reject the order once the order form has been completed and submitted.

Receipt of your order will be confirmed via an automatic e-mail to the e-mail address associated with your account. Such e-mail is a confirmation that your order has been received by Charles Darius & Ateliersavant Europe SAS but does not constitute acceptance of your order. Charles Darius & Ateliersavant Europe SAS reserves the right at any time after receipt of your order to accept or decline your order for any reason and Charles Darius & Ateliersavant Europe SAS will contact you at the e-mail address provided in the order form of its decision to accept or reject your order. In the event that Charles Darius & Ateliersavant Europe SAS rejects the order, Charles Darius & Ateliersavant Europe SAS will have no obligation to fulfill your order and you will have no obligation to pay Charles Darius & Ateliersavant Europe SAS for the order.

 

2. Availability

The purchase of products on the Site is subject to availability. In the event that Charles Darius & Ateliersavant Europe SAS advises you that such products are no longer available, Charles Darius & Ateliersavant Europe SAS will have no obligation to fulfill your order and you will have no obligation to pay Charles Darius & Ateliersavant Europe SAS for the order. This Site products based on the regions indicated on our Shipping Rates pages

 

3. Price

You agree to pay Charles Darius & Ateliersavant Europe SAS the amount set out as the “TOTAL” in your order summary as part of the “Payment” step (the “Fee”). The Fee is quoted in various currency depending of your region or selection on our site and includes shipping and handling and all applicable taxes out of import taxes which vary based on the region of the world and that we cannot take into consideration in our prices.

 

4. Methods of Payment

When placing an order, your billing address must correspond to the address of your credit card, otherwise we will not be able to process your order. Gift cards and gift certificates may not be applicable on the Site. On the Site (including its mobile version), you may pay for your purchase using a valid VISA, MasterCard, American Express, Shop Pay or Apple Pay, this list may evolve in time, and you authorize Charles Darius & Ateliersavant Europe SAS to charge the applicable card for the Fee and you represent and warrant that you are the cardholder of the applicable card. If your card is rejected by the card issuer, your order will not be shipped and Charles Darius & Ateliersavant Europe SAS will have no obligation to fulfill your order.

 

5. Shipment

Your order will be shipped to the delivery address specified by you during the order process. Charles Darius & Ateliersavant Europe SAS is not responsible for any loss of the products following shipment from Charles Darius & Ateliersavant Europe SAS’s or its agents’ or mandataries’ facilities to your delivery address. Carrier charges may apply if you choose to receive SMS notifications regarding delivery of your order.

 

6. Returns and Exchanges

Merchandise in perfect salable condition with original receipt may be exchanged or returned for a full refund within thirty (30) days from the original purchase date except for high watches, high jewelry, and personalized or made-to-order items (including hot stamped or engraved products), which are final sale only. Returns or exchanges of watches or jewelry must include the packaging, instructions leaflet (with warranty certificate), and product certificates (such as COSC and GIA).

A refund of the original purchase price may only be made in the same form of payment, currency and country/region as the original purchase.

Exchanges will be accepted in any freestanding Charles Darius & Ateliersavant Europe SAS store excluding Brazil, China, Colombia, Dominican Republic, India, Jordan, Kazakhstan, South Korea, Lebanon, Mexico, Russia, Thailand, Taiwan, Turkey, Ukraine, Indonesia and Vietnam. For merchandise purchased at a freestanding Charles Darius & Ateliersavant Europe SAS store, refunds are not available at department store locations. Online purchases cannot be refunded or exchanged at department store locations.

PayPal purchases may only be exchanged or returned at our online store.

Merchandise purchased from a department store may only be refunded at the same department store brand or exchanged for product of equal or greater value at the same department store brand or a freestanding Charles Darius & Ateliersavant Europe SAS store.

Exports: Clients planning to export items are solely responsible for complying with all applicable laws in connection with such exports.

 

7. Passwords

You are responsible for the security of your account and password. Charles Darius & Ateliersavant Europe SAS will not be liable for any damages and expenses arising out of or relating to any unauthorized use of such password.

 

8. Privacy

Charles Darius & Ateliersavant Europe SAS’s personal information practices on the Site are governed by Charles Darius & Ateliersavant Europe SAS’s Privacy Policy which can be found at https://charlesdarius.fr/pages/legal-notices. Please review the Privacy Policy and print a copy for your records.

 

9. Changes to Terms of Purchase

Charles Darius & Ateliersavant Europe SAS may at any time modify these Terms of Purchase and will post a copy of the amended Agreement at https://charlesdarius.fr/pages/legal-notices.

 

10. Limitation of Liability

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WILL Charles Darius & Ateliersavant Europe SAS BE LIABLE FOR ANY INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCTS PURCHASED ON THIS SITE OR THEIR USE OR MISUSE, WHETHER OR NOT ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), CIVIL LIABILITY OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY WILL APPLY NOTWITHSTANDING THE BREACH OF A FUNDAMENTAL TERM OR CONDITION OF THIS AGREEMENT OR ANY FUNDAMENTAL BREACH OF THIS AGREEMENT. THIS TERM MAY BE VOID, INAPPLICABLE OR UNENFORCEABLE IN WHOLE OR IN PART IN THE STATE OF NEW JERSEY.

Charles Darius & Ateliersavant Europe SAS’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURY AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCTS PURCHASED ON THIS SITE AND ANY USE MADE THEREOF WILL BE LIMITED TO ALL FEES PAID BY YOU TO Charles Darius & Ateliersavant Europe SAS HEREUNDER FOR THE PURCHASE OF SUCH PRODUCTS

TO THE FULL EXTENT PERMITED BY APPLICABLE LAW, WITHOUT LIMITING ANY OF THE FOREGOING AND EXCEPT AS OTHERWISE PROVIDED IN WRITING, ANY PRODUCTS SOLD TO YOU ARE ON AN “AS IS” BASIS, WITHOUT CONDITIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WHETHER ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE; HOWEVER, BECAUSE SOME JURISDICTIONS DO NOT ALLOW SUCH LIMITATIONS, OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CHECK YOUR LOCAL LAWS.

 

11. Applicable Law

This Agreement will be governed by the French laws. The exclusive jurisdiction for any claim, action or dispute with Charles Darius & Ateliersavant Europe SAS or relating in any way to your use of the Site or a purchase made on the Site will be in French Court of Commerce and the venue for the adjudication or disposition of any such claim, action, or dispute will be in the City of Reims. All parties to this Agreement waive their respective rights to a trial by jury.

 

12. General

Except for the Terms of Use which govern your use of the Site, these Terms of Purchase along with your purchase order/invoice are the entire agreement between you and Charles Darius & Ateliersavant Europe SAS with respect to any purchase made by you on the Site and supersede all previous agreements, understandings and representations relating thereto. No failure by Charles Darius & Ateliersavant Europe SAS to exercise any rights, powers or remedies hereunder or its delay to do so will constitute a waiver of these rights, powers or remedies, and all waivers will be in writing. The single or partial exercise of a right, power or remedy will not prevent its subsequent exercise or the exercise of any other right, power or remedy. If any provision of this Agreement or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of this Agreement, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction. Charles Darius & Ateliersavant Europe SAS will not be liable for any delay or failure to perform any of its obligations under these Terms of Purchase if such delay or failure is due to causes beyond its control. You may not assign these Terms of Purchase to any third party without the prior written consent of Charles Darius & Ateliersavant Europe SAS. These Terms of Purchase will be binding upon and will ensure to the benefit of (i) you and your heir, executor, administrator and other legal representatives; and (ii) Charles Darius & Ateliersavant Europe SAS and it successors and assigns. In the event of an inconsistency between the Terms of Use and these Terms of Purchase, the wording in these Terms of Purchase will prevail.

You may contact Charles Darius & Ateliersavant Europe SAS at: contact@charlesdarius.fr  and at +33 7 87 13 38 54 by WhatsApp messages only.

 

13. Product Purchase Limitations

 

Telephone Sales

These Terms of Purchase govern any order or purchase you (the individual completing this order, “you”) make with Charles Darius & Ateliersavant Europe SAS (“Charles Darius & Ateliersavant Europe SAS” or “Charles Darius & Ateliersavant Europe SAS North America” or “we”) via telephone. Please print a copy of these Terms of Purchase for your records.

 

1. Ordering Process

Receipt of your order will be confirmed via an automatic e-mail to the e-mail address associated with your order. Such e-mail is a confirmation that your order has been received by Charles Darius & Ateliersavant Europe SAS but does not constitute acceptance of your order. Charles Darius & Ateliersavant Europe SAS reserves the right at any time after receipt of your order to accept or decline your order for any reason and will contact you at the e-mail address provided in the order form of its decision to accept or reject your order. In the event that Charles Darius & Ateliersavant Europe SAS rejects the order, Charles Darius & Ateliersavant Europe SAS will have no obligation to fulfill your order and you will have no obligation to pay Charles Darius & Ateliersavant Europe SAS for the order.

 

2. Availability

The purchase of products is subject to availability. In the event that Charles Darius & Ateliersavant Europe SAS advises you that such products are no longer available, Charles Darius & Ateliersavant Europe SAS will have no obligation to fulfill your order and you will have no obligation to pay Charles Darius & Ateliersavant Europe SAS for the order.

 

3. Price

You agree to pay Charles Darius & Ateliersavant Europe SAS the total amount communicated to you over the telephone which will be set out in your invoice (the “Fee”). The Fee is quoted in EUROS or U.S. dollars and includes shipping and handling and all applicable taxes.

 

4. Methods of Payment

When placing an order, your billing address must correspond to the address of your credit card, otherwise we will not be able to process your order. Gift cards and gift certificates will not be applicable to telephone sales. You may pay for your purchase using a valid VISA, MasterCard, American Express, PayPal or Apple Pay, and you authorize Charles Darius & Ateliersavant Europe SAS to charge the applicable card for the Fee and you represent and warrant that you are the cardholder of the applicable card. If your card is rejected by the card issuer, your order will not be shipped and Charles Darius & Ateliersavant Europe SAS will have no obligation to fulfill your order.

 

5. Shipment

Your order will be shipped to the delivery address specified by you during the order process. Charles Darius & Ateliersavant Europe SAS is not responsible for any loss of the products following shipment from Charles Darius & Ateliersavant Europe SAS’s or its agents’ or mandataries’ facilities to your delivery address.

 

6. Returns and Exchanges

All merchandise (except personalized items, high watches and high jewelry, made to order items) may be exchanged or returned for a full refund to a freestanding store or to our online store within thirty (30) days of the original purchase date when accompanied by the original sales receipt, except for personalized or made-to-order items including, but not limited to, My CD Heritage, hot stamped products, personalized sneakers, engraved products, Made-to-Order items, and high watches, high jewelry, furniture and other high value artefacts.

PayPal purchases may only be exchanged or returned for a full refund at our online store, within thirty (30) days of the original purchase date, and when accompanied by the original sales receipt.

A refund may only be made in the same currency and country / region as the original purchase. All merchandise must be in perfect salable condition. For fragrance returns, the wrapping and/ or packaging with stickers and adhesive labels must remain sealed, unopened, and not tampered with for an exchange or refund to be accepted. Any fragrance purchases with customized engraved bottles are not eligible for exchange or refund. For watches or jewelry returns, the complete product must be returned, including the packaging, instructions leaflet (with the warranty certificate on the final page), product certificates (such as COSC and GIA, where applicable) and the invoice.

Merchandise in perfect salable condition will be accepted for exchange in any freestanding Charles Darius & Ateliersavant Europe SAS store around the world, excluding Brazil, China, Colombia, the Dominican Republic, India, Jordan, Kazakhstan, Korea, Lebanon, Mexico, Russia, Thailand, Taiwan, Turkey, Ukraine, Indonesia and Vietnam.

Exports: Clients planning to export items are solely responsible for complying with all applicable laws in connection with such exports.

 

7. Privacy

Charles Darius & Ateliersavant Europe SAS’s personal information practices are governed by Charles Darius & Ateliersavant Europe SAS’s Privacy Policy which can be found on our website here.  Please review the Privacy Policy and print a copy for your records.

 

8. Changes to Terms of Purchase

Charles Darius & Ateliersavant Europe SAS may at any time modify these Terms of Purchase by providing you notice, via e-mail or mail, to the e-mail or billing address associated with your account, all in accordance with applicable laws.

 

9. Limitation of Liability

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WILL Charles Darius & Ateliersavant Europe SAS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCTS PURCHASED FROM Charles Darius & Ateliersavant Europe SAS OR THEIR USE OR MISUSE, WHETHER OR NOT ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), CIVIL LIABILITY OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY WILL APPLY NOTWITHSTANDING THE BREACH OF A FUNDAMENTAL TERM OR CONDITION OF THIS AGREEMENT OR ANY FUNDAMENTAL BREACH OF THIS AGREEMENT. THIS TERM MAY BE VOID, INAPPLICABLE OR UNENFORCEABLE IN WHOLE OR IN PART IN THE STATE OF NEW JERSEY.

Charles Darius & Ateliersavant Europe SAS’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURY AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCTS PURCHASED FROM Charles Darius & Ateliersavant Europe SAS AND ANY USE MADE THEREOF WILL BE LIMITED TO ALL FEES PAID BY YOU TO Charles Darius & Ateliersavant Europe SAS HEREUNDER FOR THE PURCHASE OF SUCH PRODUCTS.

TO THE FULL EXTENT PERMITED BY APPLICABLE LAW, WITHOUT LIMITING ANY OF THE FOREGOING AND EXCEPT AS OTHERWISE PROVIDED IN WRITING, ANY PRODUCTS SOLD TO YOU ARE ON AN “AS IS” BASIS, WITHOUT CONDITIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WHETHER ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE; HOWEVER, BECAUSE SOME JURISDICTIONS DO NOT ALLOW SUCH LIMITATIONS, OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CHECK YOUR LOCAL LAWS.

 

10. Applicable Law

This Agreement will be governed by the laws of France. The exclusive jurisdiction for any claim, action or dispute with Charles Darius & Ateliersavant Europe SAS or relating in any way to your use of the Site or a purchase made on the Site will be in the city of Reims and the venue for the adjudication or disposition of any such claim, action, or dispute will be in the City of Reims. All parties to this Agreement waive their respective rights to a trial by jury.

 

11. General

These Terms of Purchase along with your purchase order/invoice are the entire agreement between you and Charles Darius & Ateliersavant Europe SAS with respect to any telephone purchase made by you and supersede all previous agreements, understandings and representations relating thereto. No failure by Charles Darius & Ateliersavant Europe SAS to exercise any rights, powers or remedies hereunder or its delay to do so will constitute a waiver of these rights, powers or remedies, and all waivers will be in writing. The single or partial exercise of a right, power or remedy will not prevent its subsequent exercise or the exercise of any other right, power or remedy. If any provision of this Agreement or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of this Agreement, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction. Charles Darius & Ateliersavant Europe SAS will not be liable for any delay or failure to perform any of its obligations under these Terms of Purchase if such delay or failure is due to causes beyond its control. You may not assign these Terms of Purchase to any third party without the prior written consent of Charles Darius & Ateliersavant Europe SAS. These Terms of Purchase will be binding upon and will enure to the benefit of (i) you and your heir, executor, administrator and other legal representatives; and (ii) Charles Darius & Ateliersavant Europe SAS and it successors and assigns.

You may contact Charles Darius & Ateliersavant Europe SAS at: contact@charlesdarius.fr and at +33 7 87 13 38 54 by WhatsApp messages only.