Conditions of sales
CONDITIONS OF SALE
VAN CLEEF & ARPELS CANADA E-BOUTIQUE AND CLIENT RELATIONS CENTER
The following terms and conditions including policies incorporated herein adopted by Van Cleef & Arpels (collectively, the “Conditions of Sale”) shall apply to all sales of products that you (the “Customer” or “you”) may order from Van Cleef & Arpels Canada, Division of Richemont Canada, Inc., a corporation organized and existing under the laws of Canada and having its corporate headquarters at 4610 Eastgate Parkway, Unit 1, Mississauga, Ontario L4W 3W6 (“Van Cleef & Arpels”, or referred to herein as “us”, “our” or “we”) on the Internet via the Van Cleef & Arpels Website, identified by the domain name “www.vancleefarpels.com” (the “Website”) or by phone (1-855-203-0938) via the customer contact center of Van Cleef & Arpels (the “Client Relations Center”).
These Conditions of Sale apply only to sales made through the Client Relations Center or the Website by individuals who are residents in Canada at the time of placing the order. 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 have read and I accept the Conditions of Sale” box at the payment 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. Sales conducted through Van Cleef & Arpels boutiques and/or authorized retailers are not subject to these Conditions of Sale.
2. PURCHASING ELIGIBILITY
Only individuals (and not legal entities) who (a) have reached the age of majority (eighteen in most provinces of Canada), and (b) have legal capacity to enter into contracts and (c) reside in Canada at the time of purchase 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 violation of 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 the Customer is engaging in fraudulent or grey market activities, then Van Cleef & Arpels may refuse such order.
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 the account.
3. PRODUCT AVAILABILITY - QUANTITY
All orders placed through 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 offered 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 and to refuse orders that exceed authorized product quantity limits, without prior notice. 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 on the Website can provide you with information regarding products that are currently available for sale through those channels. Please note that only merchandise displaying a “Shopping Bag” icon is available for sale through the Website. You may also call the Client Relations Center (1-855-203-0938) 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, you or the Van Cleef & Arpels Ambassador (on your behalf) may either register and create an online account on the Website, or place an order as a guest without creating an online account by selecting the "Guest Checkout" option that is only available on the Website. In order to create this account, you will be required to provide valid and up-to-date personal information, such as your 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 into 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 in connection with, and/or resulting from, a third party’s access to and use of your password and account login.
When placing an order on the Website you will be required to provide other personal information as applicable, such as shipping address, billing address and payment details. Additional information may be collected by Van Cleef & Arpels or its third party providers at this time for security and anti-fraud purposes.
You represent and warrant that the personal information you provide to the Client Relations Center or via the Website is true, valid, complete and up-to-date in all respects, and you confirm that you are the person referred to in the shipping (unless the item is a gift) and billing information provided.
If you are ordering on the Website, orders will be processed as follows: Once you have chosen a product, you may 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”. You may also remove one or several products you have selected from the Shopping Bag. Once on the payment page, review your order details and personal information (including email, shipping address, billing address and payment information), check the box next to “I have read and I accept the Conditions of Sale”. Then, place your order.
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 Canadian 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 payment page before you are asked to confirm and place your order (in the case of a Website order) and will also be reflected in the Confirmation of Order. 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 estimated taxes are not stated on the product pages but will be added to the product price, if applicable, after you have chosen your delivery location and options.
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. PAYMENTS BY CREDIT CARD
Van Cleef & Arpels accepts the following credit cards: Visa, MasterCard, American Express, JCB, Diner’s Club and Discover. Credit cards issued by banks domiciled outside Canada will not be accepted. All credit/debit card holders must also have a Canada billing address.
When ordering on the Website, you will need to enter your payment details on the appropriate form. In the case of an order placed by telephone, you will need to communicate to the Client Relations Center your credit/debit 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 will 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 security checks on your credit card. The full amount of your purchase will be blocked on your credit card until your order is approved by Van Cleef & Arpels, and your credit card will be charged the applicable purchase price once the order has shipped. 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 security checks, 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 is prohibited from making sales of its goods to certain designated persons (“Designated Persons”) under Canadian anti-terrorist financing, criminal and other laws or to countries sanctioned by Canada. In addition, Van Cleef & Arpels may be prohibited under U.S. law from making sales of its goods to individuals or entities designated on the Office of Foreign Assets Controls (“OFAC”) Specially Designated Nationals (“SDN”) List, or to country destinations sanctioned by the U.S. Van Cleef & Arpels will review transactions against lists of Designated Persons, SDNs and countries sanctioned by Canada and the U.S. Any such transactions will be declined.
8. PAYMENT BY PAYPAL
You may also pay by using PayPal, as indicated on the Website.
9. REVIEW AND CONFIRMATION
You should carefully check and confirm all details on the payment page before placing your order through the Website, including without limitation the particulars of each sale. In the case of an order being placed through the Client Relations Center, the Van Cleef & Arpels Ambassador will verbally ask you to confirm the details of your order.
10. ACKNOWLEDGEMENT OF ORDER
Once you have made your choice and your order has been placed on the Website, you will receive an Acknowledgment of Order by fax or email acknowledging the details of your order. This Acknowledgment of Order will contain an Order Reference Number assigned by Van Cleef & Arpels. Please make sure that you save this Order Reference Number for any future enquiries regarding your order. This Acknowledgment of Order is not an acceptance of your order. Following the transmission of the Acknowledgment of Order, Van Cleef & Arpels will conduct its usual credit, anti-fraud, security and related legal checks and, if acceptable, will then process your order.
These Conditions of Sale will be provided to you with the Acknowledgement of Order through either email link, .pdf or fax. Please carefully review these Conditions of Sale upon receipt.
11. CONFIRMATION OR ORDER
Once your order has been approved by Van Cleef & Arpels, following completion of our anti-fraud, security and related legal checks, we will send you by email or by fax a written Confirmation of Order. The Written Confirmation of Order constitutes the acceptance of your order by Van Cleef & Arpels and indicates the existence of a binding sales contract.
12. ORDER SHIPMENT
Upon shipment of the product you have ordered, Van Cleef & Arpels will inform you by e-mail.
13. PROOF OF AGREEMENT
The Acknowledgement of Order and Confirmation of Order that are sent to you by fax or by email are deemed to be received when you are able to access them on your fax machine, computer, mobile or handheld device.
The Acknowledgement of Order, Confirmation of Order and any automatic recording systems used by the Client Relations Center or the Website will be proof of a binding agreement between you and Van Cleef & Arpels.
14. COMPLIMENTARY SERVICES
The following complimentary services will be proposed, free of charge, by the Client Relations Center:
14.1. Gift wrap and packaging
All packages are delivered gift wrapped, with the Van Cleef & Arpels Signature Box.
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.
14.3. Gift note
You may personalize your order by adding a personalized note that will be printed by Van Cleef & Arpels on a gift card to be included in your order package. If you have ordered several products, you may individually personalize one gift card in the package that contains your order.
15. SHIPPING POLICY
We only accept orders for delivery to addresses in Canada. Please note that Van Cleef & Arpels does not ship to PO boxes, APO/FPO addresses or hotels.
We will use reasonable efforts to ensure the following estimated delivery lead times from the date of your order but cannot guarantee these delivery lead times for Canada:
Type of delivery
Delivery Lead Time
Charge to Customer
6-8 Business Days*
*Saturday will not be considered as a regular business day with respect to estimated delivery lead time.
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.
Each delivery package will contain, in addition to your purchased Van Cleef & Arpels product: (I) all related accessories, if any, (II) the document holder including the Product Manual, as applicable, and the Certificate of Authenticity and Warranty Card; (III) a blank or 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; (IV) the return form and pre-paid return label and (V) the packing slip without price.
When ordering products on the Website or Client Relations Center, you, as the Customer, will receive an invoice that will be sent to your email address as a .pdf attachment. You may also at any time later request an invoice by calling the Client Relations Center (1-855-203-0938). 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 require a signature by an adult 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.
16. 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 that 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 the Customer or Gift Recipient, as the case may be.
16.1. Return Period
Van Cleef & Arpels allows the Customer or Gift Recipient to return Van Cleef & Arpels products purchased on the Website within thirty (30) days following delivery, but subject to the further terms and conditions set forth below.
16.2. 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: Richemont Canada, Attention: E-Commerce Returns, 4610 Eastgate Parkway, Unit 1, Mississauga, Ontario L4W 3W6.
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 1-855-203-0938 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 User Guide, 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 UPS location or call UPS 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 the 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, as the case may be, 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.
16.3. 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 (if applicable), as well as with the original Van Cleef & Arpels box and delivery package, including all accessories and documents. 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.
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 QC standards, Van Cleef & Arpels will proceed with the applicable refund or exchange.
Should a product be returned to the Van Cleef & Arpels e-boutique distribution center by the Customer or the Gift Recipient, only a Customer will be entitled to receive a refund of the purchase price. In no event will a Gift Recipient be entitled to receive a refund.
If a Customer’s return complies with the return policy, Van Cleef & Arpels will use reasonable efforts to refund the purchase price to the Customer using the same means of payment as used by the Customer for the initial transaction, no later than fourteen (14) days after receipt of the returned item by the Van Cleef & Arpels e-boutique distribution center. Except for delivery of a defective product, initial shipping charges will not be refunded to the Customer.
Customers and Gift Recipients may be permitted to exchange a product purchased on the Website for another Van Cleef & Arpels product if the product to be exchanged satisfies the conditions of the return policy within thirty (30) days following delivery.
Van Cleef & Arpels will send an invoice as a .pdf attachment to the Customer’s email address, 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 the Customer 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, only the Customer will be entitled to receive a refund of the price difference if the returned product is more expensive than the exchanged Van Cleef & Arpels product. If the returned product is less expensive than the exchanged item, the Gift Recipient will be charged the difference in price.
16.6. 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 that 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.
For any repair inquiries, please contact our Client Relations Center by email@example.com or by calling 1-855-203-0938.
If you purchase a Van Cleef & Arpels product as a gift for a Gift Recipient, you will have the option to choose whether you wish to receive an invoice. If you choose to receive an invoice, Van Cleef & Arpels will send such invoice to your email address as a .pdf attachment (Van Cleef & Arpels will never send the invoice and payment details to the Gift Recipient).
19. WARRANTIES/LIMITATION OF LIABILITY
SOME PROVINCES, INCLUDING QUEBEC, DO NOT PERMIT EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR DAMAGES. THEREFORE, YOU MAY HAVE ADDITIONAL RIGHTS UNDER CONSUMER PROTECTION LAWS. WHILE VAN CLEEF & ARPELS USES REASONABLE EFFORTS TO VERIFY THE ACCURACY OF ANY INFORMATION IT PLACES ON THE WEBSITE, IN ADVERTISEMENTS OR IN CATALOGS, OR COMMUNICATES THROUGH THE CLIENT RELATIONS CENTER, IT MAKES NO REPRESENTATIONS OR 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 THE 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. THIS INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT MADE, AND VAN CLEEF & ARPELS MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO SUCH INFORMATION, OR ANY TRANSACTION THAT MAY BE CONDUCTED ON THE WEBSITE OR THROUGH THE CLIENT RELATIONS CENTER INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. IN NO EVENT WILL VAN CLEEF & ARPELS BE LIABLE FOR DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL, AGGRAVATED, PUNITIVE, ORE EXEMPLARY DAMAGES, OTHER THAN DAMAGES EQUAL TO THE COST OF A REPLACEMENT PRODUCT OF EQUAL VALUE AS PROVEN IN A COURT OF LAW OR PURSUANT TO AN ARBITRATION CONDUCTED IN ACCORDANCE WITH SECTION 24 HEREIN.
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 REPRESENT OR WARRANT THAT SUCH MATERIALS OR OTHER CONTENT ARE 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 FOR A REFUND AS SET FORTH IN OUR RETURN POLICY.
20. ENTIRE AGREEMENT
21. NO WAIVER
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
22. GOVERNING LAW - ARBITRATION OF CLAIMS
The Conditions of Sale shall be governed by and construed in accordance with the laws of the province or territory of Canada in which you reside at the time of placing your order or, if you are not ordinarily resident in Canada, the laws of the province or territory of Canada to which your order is to be shipped, in each case without reference to conflict of laws provisions. Except in Quebec and any province that does not allow arbitration of disputes, all disputes arising out of or in connection with this agreement, or in respect of any legal relationship associated with or derived from this agreement, will be finally resolved by arbitration under the Simplified Arbitration Rules of the ADR Institute of Canada, Inc. The Seat of Arbitration will be Toronto, Ontario. The language of the arbitration will be English. The ADR Institute of Canada Inc.’s rules are available atwww.adrontario.ca. Payment of all filing, administration and arbitrator fees will be governed by the Simplified Arbitration Rules.
DATE: 07 July 2015