CONDITIONS OF SALE
VAN CLEEF & ARPELS U.S. E-BOUTIQUE AND CLIENT RELATIONS CENTER

1. GENERAL
The following terms and conditions and any other related rules that are adopted by Van Cleef & Arpels and made available as provided herein (collectively the “Conditions of Sale”) shall apply to all sales of Van Cleef & Arpels products that you (the “Customer” or “you”) may order from Van Cleef & Arpels North America, A Division of Richemont North America, a corporation organized and existing under the laws of Delaware and having its corporate headquarters at 645 Fifth Avenue, 6th Floor, New York, NY 10022, U.S.A (“Van Cleef & Arpels” or referred to herein as “us”, “our” or “we”) either (a) by phone  at 1-877-VAN-CLEEF (1-877-826-2533) via the Client Relations Center of Van Cleef & Arpels (the “Client Relations Center”) or (b) on the Internet via Van Cleef & Arpels’s Website, identified by the domain name "www.VanCleefArpels.com" (the "Website").
These Conditions of Sale apply only to sales made through the Client Relations Center or the Website. Sales conducted through Van Cleef & Arpels retail boutiques are not subject to these Conditions of Sale.
The Conditions of Sale applicable to any order placed through the Client Relations Center or the Website are those in force at the time that an order has been placed on your behalf by a Van Cleef & Arpels Ambassador (in the case of an order placed through the Client Relations Center) or at the time you place your order (in the case of an order placed through the Website).  In the case of an order placed through the Website, when you check the “I Accept” box at the order confirmation section of the Website before placing your order with Van Cleef & Arpels, you indicate your acceptance of these Conditions of Sale.  If you refuse to accept these Conditions of Sale, you will not be able to order any Van Cleef & Arpels products from the Website or the Client Relations Center.
Van Cleef & Arpels may modify the Conditions of Sale from time to time, at its sole discretion.  If you are placing an order through the Website, then by checking the “I Accept” box and placing your order, you will be indicating your agreement to be bound by the Conditions of Sale as so modified through such time.
Persons wishing to use the Client Relations Center or the Website will also be deemed, by virtue of such use, to have agreed to be bound by our Website Terms of Use and our Privacy Policy, which are incorporated to these Conditions of Sale by reference.  Customers using the Client Relations Center will be provided with access to our Privacy Policy as set forth in “Acknowledgment of Order” below.

2. PURCHASING ELIGIBILITY
Only individuals (and not legal entities) who (a) have reached the age of majority (eighteen in most states), (b) have legal capacity to enter into contracts and (c) are citizens of or residents living in the continental United States of America, Alaska, Hawaii or the District of Columbia may order products through the Client Relations Center or on the Website.  If you are under the age of majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and thereby assent to these Conditions of Sale.  Any orders placed in contravention to this provision shall be null and void.
By placing an order through the Client Relations Center or on the Website, you represent and warrant that you are a bona fide end-user customer and will not deliver, sell or otherwise distribute Van Cleef & Arpels products or purchase Van Cleef & Arpels products for commercial purposes or any other commercial benefit. If Van Cleef & Arpels believes, in its sole discretion, that an order would violate the terms of the preceding sentence or that Customer is engaging in fraudulent or grey market activities, then Van Cleef & Arpels may refuse such order.

3. PRODUCT AVAILABILITY; QUANTITY
All orders placed through the Client Relations Center or on the Website are subject to availability and acceptance by Van Cleef & Arpels.
Van Cleef & Arpels reserves the right to change the assortment of items proposed on the Website or through the Client Relations Center and may limit from time to time the quantity of Van Cleef & Arpels products that may be ordered by a Customer in a single buying session.  Currently, orders may not exceed five (5) products in any buying session on the Website. Please contact the Client Relations Center should you wish to purchase more than five (5) products per buying session.
The Client Relations Center and the product pages of the Website can provide you with information regarding products that are currently available for sale through those channels.  Please note that only those creations displaying a “details and purchase” button are available for sale through the Website. Van Cleef & Arpels reserves the right to change from time to time the assortment of items offered on its product pages.  You may also call the Client Relations Center at 1-877-VAN-CLEEF (1-877-826-2533) and a Van Cleef & Arpels ambassador will provide you with further information as to product availability and assist you with your purchase.

4. ACCOUNT Registration;  personal information
In order to place an order through the Client Relations Center or on the Website, you or the Van Cleef & Arpels ambassador (on your behalf) will be required to register and create your online account.  In order to register, you will be required to provide valid and up-to-date personal information, such as your legal name, phone number and e-mail address, and to confirm that you have reached the age of majority.
Upon completion of your account registration on the Website or by the Van Cleef & Arpels ambassador, you will receive by email a one-time password, which will allow you to log in to your account on the Website and create a permanent account login and password.  You will also receive a second email summarizing the personal information you provided in registering for your online account.  You are responsible for ensuring that your password and account login are kept secret, safe and secure at all times. Van Cleef & Arpels will not be held responsible or liable for any misuse of your account resulting from a third party’s access to and use of your password and account login.
We may change the information required to place an order or the registration requirements from time to time. Any changes will be posted on the Website. Please refer to our Privacy Policy and clause 8 of these Conditions of Sale for more details about how we may use your personal information.
Should any of the information you provide to the Client Relations Center or on the Website change, please login to your account and update such information directly on the Website, inform the Client Relations Center or notify Van Cleef & Arpels at the following e-mail address: client.relations.usa@vancleefarpels.com or as set out in our Privacy Policy.  Moreover, in the event that Van Cleef & Arpels reasonably suspects that a third party has breached a customer's registration, password and/or account login, Van Cleef & Arpels shall immediately cancel and terminate such account, and notify you by email or telephone.

5. ORDERS
If you are ordering on the Website, orders will be processed as follows: Once you have chosen a product, click on the “Add to Shopping Bag” button to place this product in your shopping bag. You may then decide to continue shopping for other products and add them to your shopping bag (subject to availability and quantity limits) or proceed to “Checkout” by clicking on this button. You may also remove one or several products you have selected by clicking on "Delete" next to the chosen product in the Shopping Bag. When you have completely reviewed your order, check the box next to “I accept” to indicate your agreement to be bound by these Conditions of Sale, and then click on the "Confirm and place order" button on the Website to place your order.
When ordering by telephone through the Client Relations Center at 1-877-VAN-CLEEF (1-877-826-2533) a Van Cleef & Arpels ambassador will follow the order process on your behalf.
When placing an order through the Client Relations Center or on the Website, you will be required to provide other personal information as applicable, such as shipping address, billing address and payment details.  You warrant that all personal information given to Van Cleef & Arpels is true and correct to the best of your knowledge.  Van Cleef & Arpels or its third party providers may collect additional information at this time for security and anti-fraud purposes.
Notwithstanding anything to the contrary provided for herein, Van Cleef & Arpels reserves the right to refuse, cancel and terminate orders at any moment in time. For example, Van Cleef & Arpels may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if Van Cleef & Arpels suspects, in its sole discretion, that you have engaged in fraudulent or grey market activities or have otherwise violated these Conditions of Sale.

6. PRICES, TAX AND SHIPPING COSTS
All prices shown on the product pages of the Website or quoted by the Client Relations Center are in U.S. Dollars.
Van Cleef & Arpels reserves the right to modify prices and delivery costs at any time without prior notice. The price of a product and delivery costs displayed on the Website or quoted by the Client Relations Center, at the time Van Cleef & Arpels provides you with a Confirmation of Order, will be honored by Van Cleef & Arpels.
Actual shipping costs and applicable taxes will be reflected on your order page before you are asked to confirm and place your order (in the case of a Website order), or will be quoted by the Client Relations Center (in the case of a telephone order), and will also appear on your Confirmation of Order and invoice (if you choose to receive an invoice). Delivery costs, if any, are described in the shipping policy set forth below.  Sales and use taxes will vary based on the location to which products are being shipped.  Delivery costs and sales and use taxes are not stated on the product pages but will be added to the product price after you have chosen your delivery options.
The actual sales tax associated with your purchase will be calculated at the time when your order is to be shipped, at which point you will receive a Confirmation of Order.  Please note that changes to applicable law between the date your order is placed and the date you are sent a Confirmation of Order may result in changes to the sales tax associated with your purchase.  If the resulting change is an increase in the sales tax you are charged, we will contact you and ask that you reconfirm your purchase.

7. REVIEW AND CONFIRMATION
You should carefully check all details before placing your order through the Client Relations Center or on the Website, including without limitation the particulars of each sale, which will be provided by the Van Cleef & Arpels ambassador (in the case of an order being placed through the Client Relations Center) or the Website (in the case of an order being placed through the Website).

8. PAYMENT BY CREDIT CARD
Van Cleef & Arpels accepts the following credit cards: Visa, MasterCard, JCB, American Express, Diner’s Club and Discover. Cards issued by banks domiciled outside the United States of America will not be accepted.
When ordering on the Website, you will need to enter your payment details on the appropriate form.  If you order by telephone, you will need to communicate to the Client Relations Center your credit card number and your three- or four- digit security code that is printed on the back or the front of your card (CVV2/CVC2/CID).  Your telephone conversation may be recorded for security and quality control purposes.  Any telephone conversation recorded by our Client Relations Center that contains your credit card information will be fully encrypted and only used to process card transactions.
All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Van Cleef & Arpels, you will need to contact your card issuer directly to solve this problem, and Van Cleef & Arpels will not be liable for any delay or non-delivery.
In order to process your order, we may perform a pre-authorization of your credit card.  The amount of your purchase will be blocked on your credit card until your order is shipped to the shipping address you have provided to Van Cleef & Arpels, at which time you will be sent a Confirmation of Order and your credit card will be charged the applicable purchase price.  By submitting an offer to purchase Van Cleef & Arpels products on the Website or through the Client Relations Center, you expressly authorize Van Cleef & Arpels to perform such credit card pre-authorization and, where Van Cleef & Arpels deems necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.
Van Cleef & Arpels takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction.  Van Cleef & Arpels uses Secure Sockets Layer (SSL) encryption on all web pages where personal information is collected. Unfortunately, transmitting information over the Internet is not completely secure. Although we will do our best to protect your personal Information, we cannot guarantee the security of the data you transmit to the Website; any transmission is at your own risk and we cannot be held liable. For more information about how we use and protect your information please view our Privacy Policy.
In order to secure your transaction and prevent fraud, Van Cleef & Arpels will perform a credit card and anti-fraud check.  By placing your order, you will be deemed to have authorized Van Cleef & Arpels to perform such checks and, where Van Cleef & Arpels deems necessary, from time to time to transmit or obtain information that you have provided to Van Cleef & Arpels about you in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize a particular purchase transaction.

9. ACKNOWLEDGMENT OF ORDER
Once you have placed your order through the Client Relations Center or on the Website, you will receive an Acknowledgment of Order by fax or email acknowledging the details of your order. 
This acknowledgement of your order is not an acceptance of your order.
Following the transmission of the Acknowledgment of Order, Van Cleef & Arpels will conduct its usual security and anti-fraud checks before processing your order.
When ordering by telephone through the Client Relations Center, you will also receive by fax or email these Conditions of Sale along with the Acknowledgment of Order.  Please carefully review these Conditions of Sale upon receipt.

10. CONFIRMATION OF ORDER
Upon shipment of your order, following completion by Van Cleef & Arpels of its antifraud and security checks, Van Cleef & Arpels will send you by email or by fax a written Confirmation of Order. The Confirmation of Order constitutes the acceptance of your order by Van Cleef & Arpels and indicates the existence of a binding sales contract.

11. COMPLIMENTARY services
The following complimentary services will be proposed, free of charge, on the Website or by the Client Relations Center:
11.1. Gift Wrap, Van Cleef & Arpels Signature Box
All packages are delivered gift wrapped, with the Van Cleef & Arpels Signature Box.
11.2. Engravings
Engraving is available on specific items such as rings and watches.
If you wish to have your Van Cleef & Arpels product engraved, please provide the details on the Website or to the Van Cleef & Arpels ambassador.
Engraved Van Cleef & Arpels products cannot be returned to Van Cleef & Arpels for exchange or refund.
11.3. Gift Note
You may personalize your order by adding a gift note printed by Van Cleef & Arpels containing your message. If you have ordered several products, additional blank notes will be provided in the package that contains your order.

12. SHIPPING POLICY
We only accept orders for delivery to addresses in the continental United States, Alaska, Hawaii and the District of Columbia.  Please note that Van Cleef & Arpels does not ship to PO boxes, APO/FPO addresses or hotels.
Delivery costs will be assessed by Van Cleef & Arpels and will be added to the price of the Van Cleef & Arpels products themselves. The cost of delivery shall be calculated according to the purchase value of your order as indicated in these Conditions of Sale.
When estimating package delivery time, please allow time for credit approval, address verification and order processing. Once the order is processed and ready for shipment, we will send you the Confirmation of Order by email or by fax.
We will use reasonable efforts to ensure the following estimated delivery lead times from the date of your order:

Delivery Type : STANDARD
Provider : FedEx
An estimated 5-7* days are required for delivery.
Shipping cost is complimentary

Delivery Type : EXPRESS
Provider : FedEx
An estimated 2 Business Days* are required for delivery.
Shipping cost is $25

Delivery Type : Overnight
Please contact Van Cleef & Arpels Client Relations Center at 1-877-VAN-CLEEF (1-877-826-2533) 
* Shipping time is subject to stock availability. Special orders and orders shipping to Alaska and Hawaii are not eligible for Express Delivery. Standard Business Days are Monday through Friday. Saturday Delivery may be available in specific zip codes for an additional charge. For more information regarding Saturday Delivery, please contact Van Cleef & Arpels Client Relations Center at 1-877-VAN-CLEEF (1-877-826-2533).
Please note that in exceptional cases, express delivery will be delayed if you have requested standard adjustment or engraving. In such cases, the Client Relations Center will contact you within 24 to 48 hours to propose other arrangements and refund charges associated with your express delivery.
Each delivery package will contain, in addition to your purchased Van Cleef & Arpels product: (I) all related accessories, if any, (II) a thank you card; (III) the document holder including the Product Manual, as applicable, and the Certificate of Authenticity and Warranty Card; (IV) these Conditions of Sale; (V) a printed gift note containing your message, if so requested by you when you place your order, and one additional blank note per additional product; (VI) the return form and pre-paid return label and (VII) the packing slip without price.
When ordering products on the Website or through the Client Relations Center, you, as the Customer, will have the option to choose whether you wish to receive an invoice to your email address or billing address by regular mail.  If you decide at this moment, or any time later, that would like to receive an invoice; you may do so by calling the Client Relations Center at 1-877-VAN-CLEEF (1-877-826-2533). Please note that Van Cleef & Arpels may request that you provide proper identification as a condition to complying with such request.  
Van Cleef & Arpels insures each purchase during the time it is in transit until it is delivered to you. We recommend a signature by an adult (“adult” being defined as persons of 18 (eighteen) years of age or older) to confirm your acceptance of each Van Cleef & Arpels product delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you understand and accept that evidence of a signature by such recipient (or at that delivery address) is evidence of delivery and fulfillment of the sale contract by Van Cleef & Arpels and transfer of responsibility to the recipient in the same way as if the product had been delivered to you.

13. RETURN policy
In order to ensure your total satisfaction, a Customer or a recipient of a gift of Van Cleef & Arpels products (a “Gift Recipient”) may return Van Cleef & Arpels products in accordance with the return and exchange policy set forth below. Returns of Van Cleef & Arpels products which are not in compliance with the conditions and timeframes set forth below may be rejected by Van Cleef & Arpels and will be sent back to you.
13.1. Return Period
Van Cleef & Arpels allows the Customer or the Gift Recipient to return Van Cleef & Arpels Products purchased on the Website or through the Customer Contact Center within thirty (30) days of receipt of the product.
13.2. Return Process
Products that have been purchased on the Website or through the Client Relations Center may be returned to the Van Cleef & Arpels e-Boutique distribution center, at the following address: RNA Logistics, Attention: E-Commerce Returns, 2710 Regency Drive, Suite 500, Grand Prairie, TX 75050;
Products that have not been purchased on the Website or through the Client Relations Center may NOT be returned to the Van Cleef & Arpels e-Boutique distribution center.
If a Customer or Gift Recipient wishes to return a product to the Van Cleef & Arpels e-Boutique distribution center, then such person must comply with the following steps:
I.           Call the Client Relations Center at 1-877-VAN-CLEEF (1-877-826-2533) to request a Return Authorization Number (RAN). This number is required prior to returning any product to Van Cleef & Arpels,
II.          Fill out the required information, list the applicable Return Authorization Number (RAN) on the return form and sign it,
III.         Include the completed return form with the product, all its accessories, the Product Manual, the Certificate of Authenticity, the Warranty Card and all other documents, in its original box and delivery package,
IV.          Seal the delivery package and affix the pre-paid delivery label to it,
V.           Bring the package to any FedEx location or call FedEx to arrange pick-up.
Should the Customer or Gift Recipient decide to return a purchased item within the 30-day period, Van Cleef & Arpels and Customer or Gift Recipient, as the case may be, agree that Van Cleef & Arpels maintains a special interest in the merchandise and will therefore purchase insurance on the returned merchandise. Van Cleef & Arpels is under no obligation to do so but will take this initiative for the Customer's or Gift Recipient’s convenience.
The Customer or Gift Recipient must keep a proof of return shipment, and Van Cleef & Arpels accepts no liability in the event that such proof cannot be produced. Only merchandise received by the Van Cleef & Arpels e-Boutique distribution center will be eligible for a refund.
Upon receiving a return, Van Cleef & Arpels will verify that the returned product satisfies the conditions of the return policy and, if so, then proceed with the applicable refund or exchange.
13.3. Conditions to Return a Product
Van Cleef & Arpels products must be returned in a new and unused state, in perfect condition, with all protective materials in place and tags and stickers attached to them. Van Cleef & Arpels will not accept any return if the product shows signs of wear, or has been used or altered from its original condition in any way.
Engraved Van Cleef & Arpels products cannot be returned to Van Cleef & Arpels for exchange or refund.
Watch bracelets that have been adjusted at the Customer’s request must be returned with the exact same number of links as in the original delivery package.
All returns will be subject to strict Quality Control (QC) by Van Cleef & Arpels to ensure that the returned products satisfy these requirements. If the products do not meet QC standards, Van Cleef & Arpels will refuse the return, and the products will be sent back to the Customer or the Gift Recipient, as applicable. If the returned product satisfies Quality Control (QC), Van Cleef & Arpels will proceed with the applicable refund or exchange.
13.4. Refunds and Merchandise Credit
Should a product be returned to the Van Cleef & Arpels e-Boutique distribution center, only a Customer will be entitled to receive a refund. In no event will a Gift Recipient be entitled to receive a refund.
Except for delivery of a defective product, initial shipping charges will not be refunded to the Customer. In the case of a return to the Van Cleef & Arpels e-Boutique distribution center, then if a Customer’s return complies with the return policy, Van Cleef & Arpels will use reasonable efforts to credit the refund to the Customer’s credit card no later than thirty (30) days after receipt of the returned item by the Van Cleef & Arpels e-Boutique distribution center.
The Customer or the Gift Recipient may not return a product to a Van Cleef & Arpels retail boutique for refund, exchange or retail credit.
13.5. Exchanges
Customers and Gift Recipients may be permitted to exchange a product purchased on the Website or through the Client Relations Center for another Van Cleef & Arpels product if the product to be exchanged satisfies the conditions of the return policy.
Van Cleef & Arpels will send an invoice to the Customer which specifies the value of the returned product, the price of the item for which the original product has been exchanged and the difference to be paid by Gift Recipient or the amount that the Customer is entitled to receive, as indicated below.
Should a product be returned for exchange to the Van Cleef & Arpels e-Boutique distribution center by a Customer or Gift Recipient, the Customer will be entitled to receive a refund of the price difference if the product to be exchanged is less expensive than the desired Van Cleef & Arpels product. If the returned product is more expensive than the exchanged item, the Customer or Gift Recipient will be charged the difference in price.
13.6. Defective Products
Van Cleef & Arpels is extremely cautious in ensuring that each product strictly complies with our quality criteria and that it has passed all our controls, both technical and aesthetic.
If nevertheless you receive a product which seems to be damaged, you may return it to Van Cleef & Arpels in accordance with the return policy. Upon receipt, Van Cleef & Arpels may classify the returned product as a defective product. Please note that items that are damaged as a result of wear and tear are not considered to be defective.
If your product is declared as defective by Van Cleef & Arpels, the following solutions will be proposed to the Customer or the Gift Recipient, as applicable:
I.          Van Cleef & Arpels may send you the same product in the exact same size, subject to availability,
II.         Van Cleef & Arpels may propose an exchange for another Van Cleef & Arpels creation of equivalent or higher value, in which case the initial price will be deducted and you will be required to pay only the difference, or
III.        Only you, as the Customer,may request a refund of the full price of your initial purchase.

14. REPAIRS
For any repair inquiries, please contact our Client Relations Center by emailing client.relations.usa@vancleefarpels.com or by calling at 1-877-VAN-CLEEF (1-877-826-2533).

15. GIFTS
If you purchase a Van Cleef & Arpels product as a gift for a Gift Recipient, you will have the option to request an invoice by contacting the Client Relations Center at 1-877-VAN-CLEEF (1-877-826-2533). If you choose to receive an invoice, Van Cleef & Arpels will send such invoice to your email address or billing address by regular mail (Van Cleef & Arpels will never send the invoice and payment details to the Gift Recipient).

16. ACCURACY OF PRICING, PRODUCT DESCRIPTIONS
WHILE VAN CLEEF & ARPELS ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION IT PLACES ON THE WEBSITE, IN ADVERTISEMENT OR CATALOG OR BY THE CLIENT RELATIONS CENTER, IT MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE ACCURACY, RELIABILTY AND COMPLETENESS OF SUCH INFORMATION.  VAN CLEEF & ARPELS DOES NOT CONFIRM THE PRICE OF A VAN CLEEF & ARPELS PRODUCT UNTIL A CONFIRMATION OF ORDER HAS BEEN ISSUED BY VAN CLEEF & ARPELS, INDICATING THE EXISTENCE OF A BINDING SALES CONTRACT. IF A VAN CLEEF & ARPELS PRODUCT’S CORRECT PRICE IS HIGHER THAN THE PRICE POSTED ON OUR WEBSITE, THEN VAN CLEEF & ARPELS WILL EITHER CONTACT THE CUSTOMER FOR INSTRUCTIONS BEFORE SHIPPING THE ORDER OR CANCEL THE ORDER AND NOTIFY YOU OF SUCH CANCELLATION. WHILE EVERY EFFORT WILL BE MADE TO ENSURE THAT THE DESCRIPTIONS, PHOTOGRAPHS OR GRAPHICAL REPRESENTATIONS OF THE VAN CLEEF & ARPELS PRODUCTS DISPLAYED ON THE WEBSITE OR IN A CATALOG ARE AS ACCURATE AS POSSIBLE, VAN CLEEF & ARPELS DOES NOT WARRANT THAT SUCH MATERIALS OR OTHER CONTENT IS ERROR-FREE, WHETHER AS A RESULT OF INACCURACY, OMISSION, OBSOLESCENCE OR OTHERWISE.  ACCORDINGLY, THE CUSTOMER’S SOLE REMEDY IN THE EVENT OF ANY SUCH ERROR IS TO RETURN THE PRODUCT AS SET FORTH IN OUR RETURN POLICY.

17. ENTIRE AGREEMENT
The Conditions of Sale (as amended from time to time), including policies incorporated herein (e.g., Privacy Policy) constitute the entire agreement between you and Van Cleef & Arpels regarding your purchase of Van Cleef & Arpels products through the Client Relations Center or the Website, and supersede any prior Conditions of Sale or any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and Van Cleef & Arpels in relation to such matters. No oral representation or agreement given by any party shall alter the interpretation of the Conditions of Sale.

18. NO WAIVER
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

19. GOVERNING LAW
The Conditions of Sale shall be governed by and construed in accordance with the laws of the State of New York, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Conditions of Sale, including the validity, invalidity, breach or termination thereof or any Van Cleef & Arpels product purchased through the Website or Client Relations Center will be resolved by binding arbitration, rather than in court, except that a Customer may assert claims in small claims court if your claims qualify.  The arbitration will be conducted in New York, New York, by the American Arbitration Association (“AAA”) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.  Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
Last Revised: May 04, 2012
 

These terms and conditions of use (together with the documents referred to in it) (the "Terms") govern your use of the www.vancleefarpels.com website or mobile applications used by you either privately or in our boutiques (the “Website”).

The Website is operated by Van Cleef & Arpels International (VCA, we, our, us), branch of Richemont International S.A. Route des Biches 8CH-1752 VILLARS-SUR-GLÂNE 2 and registered on the Commercial Register of Fribourg, No. CH-217-3542516-3, share capital CHF 31 387 000. 

These Terms also apply to interactive features, widgets, applications, content or downloads that are owned or controlled by VCA, are available through the Website or that interact with the Website and post these Terms. These Terms do not apply to any other website or any offline activities by VCA (unless specifically stated).

These Terms apply to:

(1) all users of the Website; and

(2) all purchasers of our products made through the Website.

In addition, please review the Website’s Privacy Policy, which explains our information collection practices, such as the types of information we collect regarding visitors to the Website and how we may use that information. By using the Website, you acknowledge and accept the Website’s Privacy Policy and consent to the collection and use of your data in accordance with the Privacy Policy. By using the Website, you further agree that VCA may change, alter, or modify the settings or configurations on your device or computer used to access the Website in order to allow for us to optimize your use of the Website. Please read these Terms carefully before using the Website. You expressly acknowledge that you have been advised of these Terms upon entering the Website and have had access to the same. Consequently, by using the Website, you signify your assent and agreement to these Terms. If you do not agree to these Terms, then you are not authorised to continue use of the Website.

1. Conditions of Use

1.1 You:

1.1.1 shall ensure that your use of the Website is in accordance with all relevant legislation, regulations, codes of practice, guidance and other requirements of any relevant government, governmental or regulatory agency or other relevant body;

1.1.2 must not use the Website:

1.1.2.1 in connection with a criminal offence under the applicable national laws or regulations or against public order or applicable ethical standards and codes;

1.1.2.2 in any way which causes or is intended to cause annoyance, inconvenience or needless anxiety;

1.1.2.3 for any unlawful purpose whatsoever, including fraud or terrorism;

1.1.2.4 in any way which is abusive, harmful, threatening or defamatory or any other way that may cause offence (including, but not limited to, uploading pornographic, obscene or indecent material onto the Website);

1.1.2.5 in any way which breaches or could potentially breach a legal duty to a third party (including a duty of confidentiality) or which infringes or could potentially infringe a person's right to privacy;

1.1.2.6 in any way which promotes discrimination or is likely to incite hatred;

1.1.2.7 in conjunction with any commercial purpose; or

1.1.2.8 in any way which may infringe the intellectual property rights of third parties or which promotes any unlawful act.

1.2 We may delete or remove any content that has been uploaded in breach of these Terms and/or we may refuse to process any order for products.


2. Accessing the Website

2.1 Access to the Website is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide without notice. We will not be liable if for any reason the Website is unavailable at any time or for any period.

2.2 From time to time, we may restrict access to some parts of the Website, or our entire Website, to users.

2.3 You are responsible for making all arrangements necessary for you to have access to the Website.

2.4 As part of registering for the Website, you may be asked to provide a username and password. The username, password or any other piece of information are provided as part of our security procedures. You must treat such information as confidential and you must not disclose it to any third party. You will be responsible for any losses incurred as a result of unauthorised access due to a failure to keep your username and password secure. We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.


3. Purchasing our products

Please review the VCA Conditions of Sale ("Conditions of Sale") for your geographic territory, which apply to all purchases of our products made through the Website. You expressly acknowledge that you have been advised of these Conditions of Sale upon entering the Website and have had access to the same. Consequently, by using the Website, you signify your assent and agreement to these Conditions of Sale and confirm that any purchases you make through the Website are governed by the same.


4. Suspension and termination

4.1 We may suspend or terminate your use of the Website:

4.1.1 if we believe that your use of the Website may cause us to be in breach of our regulatory requirements;

4.1.2 if we reasonably believe that you have violated or acted inconsistently with the letter or spirit of these Terms, or violated our (or any third party's) rights;

4.1.3 if you are in breach of any of the material terms of these Terms and, where such breach is remediable, you have not remedied such breach within 30 days of receiving written notice from us; or

4.1.4 at any time on 14 days' written notice.

4.2 The provisions entitled "Warranties and disclaimers", "Liability and indemnity" and "Other general provisions" will survive termination of these Terms.


5. Events outside our control

We shall not be liable for any delay or failure to perform any of our obligations under these Terms insofar as the performance of such obligations is prevented by an event or by matters beyond our reasonable control.


6. Warranties and disclaimers

6.1 SUBJECT TO THE EXPRESS TERMS SET OUT IN THESE TERMS OF USE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER WARRANTIES, TERMS AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY IN RELATION TO THE WEBSITE. VCA AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT ANY MATERIALS, CONTENT, SOFTWARE, TEXT, DOWNLOADS, GRAPHICS, AND LINKS, OR ABOUT RESULTS TO BE OBTAINED FROM USING THE WEBSITE.

6.2 Commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed. To the maximum extent permitted by applicable law, we therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.

6.3 The Website is provided on an ‘AS IS’ basis and:

6.3.1 you acknowledge that the Website may not be free of bugs or errors and agree that the existence of minor bugs or errors shall not constitute a breach of these Terms;

6.3.2 you remain responsible for your own hardware, content and any other data uploaded onto the Website and you remain solely responsible for making back-ups to protect your content and any other data contained on your account;

6.3.3 we accept no responsibility for any liability that arises in connection with third parties unlawfully obtaining access to your account in order to abuse the nature and intent of the Website, provided always that we will maintain security policies and procedures in accordance with good industry practice; and

6.3.4 we accept no responsibility for any liability that arises in connection with the theft of your username or password by unauthorised third parties.


7. Liability and indemnity

7.1 The material displayed on the Website is provided for general information purpose only without any guarantees, conditions or warranties as to its accuracy. Although strictly prohibited, content may be displayed on the Website which is unlawful or offensive. If you become aware of this please contact us without delay.

7.2 To the maximum extent permitted by law, we and third parties connected to us hereby expressly exclude liability in either contract, tort, negligence, statutory duty or otherwise arising out of or in connection with the use of or access to the Website (which includes without limitation) any errors or omissions contained in the Website or if the Website is unavailable and we shall not be liable for any direct or indirect:

7.2.1 economic losses (including without limitation loss of use, revenues, data, profits, contracts, opportunity, business, business interruption or anticipated savings);

7.2.2 loss of goodwill or reputation; or

7.2.3 special, incidental, indirect consequential loss or damage, suffered or incurred arising out of or in connection with your use of the Website.

7.3 To the maximum extent permitted by law, our maximum aggregate liability under or in connection with your use of the Website, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall be limited to the value of the products that you purchase from us through the Website.

7.4 Nothing in these Terms shall limit our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation or wilful misconduct, nor any other liability which cannot be excluded or limited under applicable law.

7.5 As a user, you agree to indemnify us against all costs, liabilities, expenses, losses or damages which we may sustain or incur in connection with:

7.5.1 any claim of any nature that any of the content or other materials uploaded by you or on your behalf infringes the intellectual property rights of any third party; and

7.5.2 any claim of any nature that any of the content or other materials uploaded by you or on your behalf infringes the privacy of any individual.


8. Intellectual property rights

8.1 VCA has created this Website to provide information about its company and products for your personal use. You may download one computer copy or print one copy of the material on this Website for your own non-commercial, educational, private or domestic use only, provided that proprietary notices such as copyright© or trademark™ are neither modified, nor deleted or changed. You should assume that everything you see or read on the Website (such as images, photographs, illustrations, icons, texts, video clips, written and other materials) ("VCA Material") is copyrighted and protected under treaty provisions and national copyright laws worldwide, unless otherwise noted.

8.2 You are not authorised to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare or use any derivative or second hand works based on VCA Material in any way for any public or commercial purpose. Furthermore, the VCA Material may not be displayed or communicated on any other website, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, your permission to use VCA Material will automatically terminate and any copies made of VCA Material must be immediately destroyed. Any unauthorised use of VCA Material may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

8.3 Any communication or material that you transmit to VCA via the Website or by electronic mail or otherwise, excluding personally identifiable data about yourself, including, but not limited to, any data, questions or answers, comments, suggestions, or the like will be treated as non-confidential and non-proprietary by VCA. By sending communications to VCA, you automatically grant VCA a royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone. Anything you transmit may be used by VCA and its affiliated companies for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.

8.4 Furthermore, VCA enjoys a worldwide reputation for both the design and manufacture of high quality jewellery and watches. To this end, it possesses its own sources of creativity, in particular highly skilled teams of designers who conceive and perfect VCA’s creations. As a result, VCA cannot agree to or accept being the receiver of unsolicited proposals of collaboration. Indeed, it is conceivable that VCA may already be working on similar ideas. Consequently, you are advised that VCA is not interested in receiving ideas or other proposals that you may wish to submit.

8.5 We are the owner or the licensee of all intellectual property rights in the Website and VCA Materials, including but not limited to:

8.5.1 patents, designs, trade marks and trade names (whether registered or unregistered), copyright and related rights, database rights, knowhow and confidential information;

8.5.2 all other rights of a similar nature or having an equivalent effect which currently exist anywhere in the world, or are recognised in the future; and

8.5.3 applications, extensions and renewals in relation to any of these rights.

8.6 All trademarks, logos and service marks (collectively the "Trademarks") which appear on this Website are registered and unregistered VCA trademarks or are licensed for use by VCA by third parties. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on this Website without the written permission of VCA or such third party who owns the trademark. Misuse of any trademark displayed on the Website, or any other content on the Website, except as provided herein, is strictly prohibited.

8.7 Our status (and that of any identified contributors) as the authors of VCA Material on the Website must always be acknowledged.

8.8 If you print off, copy or download any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.


9. The Website changes regularly

VCA reserves the right to modify or add to these Terms at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Website so that they are accessible via a link on the home page of the Website, and that your use of the Website after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the Website. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Website from that point forward.


10. Information about you and your visits to the Website

We process information about you in accordance with our Privacy Policy. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate.


11. Viruses, hacking and other offences

11.1 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.

11.2 By breaching this provision, you may be committing a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

11.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, mobile device data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any Website linked to it.


12. Linking to the Website

12.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

12.2 You must not establish a link from any Website that is not owned by you.

12.3 The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice.


13. Links from the Website

Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only and do not imply endorsement by VCA of those sites. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.


14. Jurisdiction and applicable law

To the maximum extent permitted by law, these Terms shall be governed by and construed in accordance with the laws of Switzerland without regard to its conflicts of law provisions. Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the competent courts of the Canton of Fribourg, Switzerland.


15. Other general provisions

15.1 Unless otherwise specified, the information and materials in the site are presented solely for the purpose of promoting the products and services of VCA. VCA makes no representation that the VCA Material is appropriate or available for use in every country of the world. You use this Website at your own risk and are responsible for compliance with applicable local laws, keeping in mind that access to VCA Material may not be legal by certain persons or in certain countries. Our products are available in many parts of the world. However, this Website may describe products that are not available worldwide.

15.2 Any cause of action you may have with respect to this Website must be commenced within two years after the claim or cause of action arises.

15.3 You may not transfer or assign your rights or obligations in relation to your use of the Website without our prior written permission. We may transfer or assign our rights and/or obligations. If we do so, we will provide you with written notice of the transfer or assignment.

15.4 The failure to exercise, or delay in exercising, a right, power or remedy provided by these Terms or by law shall not constitute a waiver of that right, power or remedy.

15.5 If any provision, or part of a provision, of these Terms, is found to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these Terms, and the legality, validity or enforceability of the remainder of the provisions of these Terms shall not be affected, unless otherwise required by operation of applicable law.

15.6 These Terms represent an agreement between you as user of the Website and us as service provider, and no other person can enforce any of its provisions.

15.7 These Terms constitute the entire agreement between you and us in relation to the use of the Website, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.


16. Contact or Complaints

16.1 If we need to contact you, we will do so by post or e-mail sent to the address or e-mail address provided by you. You must notify us if you change your address or e-mail address.

16.2 If you have any concerns about material which appears on the Website or wish to contact us for any other reason, please contact us at client.relations.usa@vancleefarpels.com.

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