CONDITIONS OF SALE
Van Cleef & Arpels e-Boutique
Welcome to the Van Cleef & Arpels e-boutique where You will find a choice of Van Cleef & Arpels creations that have been specially selected for those of Our customers in Japan who would like to shop online via the Van Cleef & Arpels’ Website identified by the domain name www.vancleefarpels.com (the “Website”) or by telephone through our Client Relations Center called “Le Desk”.
Vendor: RICHEMONT JAPAN LIMITED, Van Cleef & Arpels
Representative: Alban Belloir, President Japan
Address: Hanzomon First Building 1-4 Kojimachi, Chiyoda Ku, Tokyo 102-0083
Le Desk : 0120-10-1906, available Monday to Friday from 11:00 to 19:00 (except national holidays)
All online shopping transactions with Van Cleef & Arpels through the Van Cleef & Arpels e-Boutique are subject to the following Conditions of Sale ("Conditions") which contain important information about ordering Van Cleef & Arpels creations, payment and delivery.
In these Conditions, references made to "We", “Us” and “Our” means the Van Cleef & Arpels Division of Richemont Japan Ltd (“Van Cleef & Arpels ”), 1-4 Kojimachi, Chiyoda Ku, Tokyo 102-0083 Japan, and "You” and “Your” means You, one of the Van Cleef & Arpels e-Boutique customers.
Please note that several articles below may not apply if You are using “Your Poetic Setting”. Your Poetic Setting is a made-to-order feature provided by Van Cleef & Arpels which allows customers to configure their own engagement rings, by selecting an arm design and a diamond. If You are using Your Poetic Setting to configure Your engagement ring, please refer to Article 17 below, where the specific conditions applicable to Your Poetic Setting orders are explained.
1. REGISTRATION AND MY ACCOUNT
1.1. To place an order through the Van Cleef & Arpels e-Boutique, You will need to register and open an online account, unless You choose the “Guest checkout” on the Website. You must be over 20 years old and lawfully capable of entering into and forming a valid contract in accordance with Japanese law.
1.3. Furthermore, upon registration, You will be asked to choose a password and account login. 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 for any misuse of Your account in the event that a third party has access to and uses Your password and account login in any way.
1.4. You represent and warrant that the information You provide is correct. Access to Your My Account details is provided on the Website so that You can ensure that Your information is always updated and valid. Le Desk is available to assist should You require any help.
1.5. If You are ordering by telephone through Le Desk, the aforementioned processes will be handled for You by Le Desk. When ordering through Le Desk, My Account will always be created for You by Le Desk and the password will be sent to you by email.
2. PLACING YOUR ORDER
2.1. You may browse the product pages of the Website or contact Le Desk and Le Desk will provide You with further information as to product availability and assist You with Your purchase.
2.2. From time to time, Van Cleef & Arpels will add or remove some of its creations to ensure that the online offer reflects its new collections and creations, as well as some other existing creations that have been manufactured in only one original piece. Whilst We endeavor to ensure the availability of Our creations, We cannot guarantee that all creations will be in stock.
2.3. You may only order five (5) creations at a time. The total amount of Your order may not exceed ten (10) million Yen including tax on our Website, except if You choose to pay by Cash on Delivery in which case the total amount of Your order may not exceed one (1) million Yen on the Website or through Le Desk. Creations are offered for sale exclusively to end-user customers with a postal address in Japan and may not be bought for commercial re-sale. Van Cleef & Arpels reserves both the right to refuse orders placed by You and to terminate Your account in the event of breach or suspected breach of this condition.
2.4. If You are ordering on the Website, orders will be processed as follows: Once You have chosen a creation, click on the “Add to my Shopping Bag” to place this creation in Your Shopping Bag. If the creation is not in stock, You will not be able to place Your order on the Website and will be advised to contact Le Desk to place Your order. You may then decide to continue shopping for other creations and add them to Your Shopping Bag (subject to availability and quantity limits) or proceed to checkout by clicking on the “Checkout”. You may also remove one or several creations You have selected by clicking on "Delete" next to the chosen creation in the Shopping Bag. You will be required to enter Your payment details. When You have completely reviewed Your order, click on the "Confirm Your Order" on the Website to place Your order. Once You have confirmed Your order, We will issue You with an Order Reference Number, and acknowledge that We have received Your order which will be processed following the usual anti-fraud and credit checks. Please make sure that You save this number for reference and any future enquiries. Acceptance of Your order will be in accordance with Article 3.2 below.
2.5. All prices shown in the Van Cleef & Arpels e-Boutique are in Japanese Yen including the consumption tax. Delivery costs are not included and will be displayed on Your order confirmation form once You have chosen Your delivery options, if any.
2.6. Complimentary Services
The following complimentary services will be proposed, free of charge, on the Website or by Le Desk:
- All packages are systematically delivered gift wrapped, with the Van Cleef & Arpels box or special packaging.
- Engraving is available on specific creations such as rings. If You wish to have Your Van Cleef & Arpels creation engraved, You may do so with respect to certain creations by completing the details on the Van Cleef & Arpels e-Boutique, or contact Le Desk where a Van Cleef & Arpels’ ambassador will assist You. This service is provided free of charge within 3 months from the date on the certificate. Please note that Van Cleef & Arpels will not exchange or refund creations which have been engraved, modified or personalized. Van Cleef & Arpels also reserves the right to withhold acceptance of any order for engraved creations that contains language that is objectionable, unlawful or contrary to Van Cleef & Arpels’ policies.
- Chain adjustment for bracelet, pendant and necklace is available by contacting Le Desk. This service is provided free of charge within 3 months from the date on the certificate up to 3cm for bracelet and 5cm for pendant and necklace. Please contact Le Desk for more information. If You require a chain adjustment, the removed chains will be included in the delivery package.
- Ear clips adjustment is available by contacting Le Desk. This service is provided free of charge within 3 months from the date on the certificate. For further information of adjustment, please contact Le Desk.
- Watch metal bracelet adjustment is available by contacting Le Desk. This service is provided free of charge within 3 months from the date on the certificate up to three links (except diamond links) and depending on stock availability. Please contact Le Desk for more information. If You require a watch bracelet adjustment, the removed links will be included in the delivery package.
- Ring resizing is exclusively available by contacting Le Desk. This service is provided free of charge within 3 months from the date on the certificate.
- Ring You may personalize Your order by adding a gift note printed by Van Cleef & Arpels containing Your message. One message card will be provided for one order. Van Cleef & Arpels reserves the right to refuse printing any gift note that contains language that is objectionable, unlawful or contrary to Van Cleef & Arpels’ policies.
2.7. If You are ordering by telephone through Le Desk, the aforementioned processes will be handled by a Van Cleef & Arpels’ ambassador.
3.1. On placing an order through the Website or Le Desk, You are making an offer to Us to purchase the creations selected in accordance with these Conditions. Once Your order has been submitted through the Website or Le Desk, Van Cleef & Arpels will send You an acknowledgement of receipt of Your order (“Order Acknowledgement”).
3.2 Following anti-fraud and credit check clearance, another e-mail will be sent confirming Your order and informing You of the shipment date of Your order (“Order Confirmation”). The sale is concluded at the time this e-mail is sent.
3.3 We reserve the right not to accept Your order for any reason in Our discretion. Such non-acceptance may result, for example, from the fact that the creation ordered is out of stock or that We are unable to obtain authorisation for Your payment or that You do not meet the terms of eligibility as set out in Article 1 above or, in the case of payment by Cash on Delivery, Your order exceeds one (1) million Yen.
3.4. Furthermore, We retain the express right not to process an order at any time in Our sole discretion for whatever reason. In this event, We will not be liable to You or any third party by reason of Our not accepting Your order. You will be informed if Your order is not accepted.
In principle, We accept three (3) forms of payment:
- Credit Cards, except that JCB will not be available if You choose-Boutique pick-up or use Set For You by Van Cleef & Arpels ;
- Bank Transfer, for boutique pick-up and standard delivery (but not for express or same day delivery)
- Cash on Delivery (Daibiki) for standard delivery (but not for express delivery, same day delivery, or boutique pick-up), up to a limit of one (1) million Yen (including consumption tax). Cash on Delivery is not available for Your Poetic Setting by Van Cleef & Arpels or for creations that are engraved.
4.1. Credit Cards. We accept the following major payment cards only: MasterCard and Visa, JCB (except if You choose boutique pick-up or use Your Poetic Setting by Van Cleef & Arpels), American Express and Diners. You confirm that You are the legitimate holder of the payment card and that Your details are correct. All payments and cardholders are subject to validation checks and authorisation by the card issuer.
4.2. Furthermore, We subscribe to the Verified by Visa®, the MasterCard SecureCode® and the J/secure® programmes. All these programmes have been created to give added protection against the unauthorised use of Your card when shopping online. You will need to follow Your credit card company’s instructions to activate any of these programmes.
4.3. Additional checks may be made with anti-fraud services.
4.4. If the issuer of Your payment card refuses to authorise Your payment to Van Cleef & Arpels, We will not be able to process Your order and will therefore refuse it.
4.5. By making an offer to purchase creations, You hereby expressly authorise Van Cleef & Arpels and/or its online service partners to perform additional checks for Us and, should it appear necessary, obtain additional information required to process Your order efficiently. Information received or sent to NTT Data Corporation, credit card companies or their processing agents may include, but is not limited to, Your name, delivery address, telephone number, e-mail, credit card details, bank information etc. This may be necessary to authenticate Your identity, to validate Your payment card, to obtain an initial payment card authorisation and to authorise individual purchase transactions.
4.6. Van Cleef & Arpels takes all reasonable care to make the Van Cleef & Arpels e-Boutique including Le Desk as secure as possible. All payment card transactions made through the Website or via Le Desk are processed by NTT Data Corporation using their secure online payment gateway CAFIS BlueGate that encrypts Your card details in a secure hosting environment.
4.7. Your payment card details are held securely by NTT Data Corporation, and are not held by Van Cleef & Arpels or on the Website server. However, if You choose to make Your order by telephone through Le Desk, then Your telephone call will be recorded for security reasons and these details together with the personal information You provide except your payment card details will be retained by Van Cleef & Arpels for a period of one (1) year.
4.8. Bank Transfer. If You wish to pay by Bank Transfer for boutique pick-up and standard delivery (but not for express or same day delivery), We will send the necessary Van Cleef & Arpels bank account details to You by email. There is usually a small bank charge for processing bank transfers which will be payable by You directly to Your bank.
4.9. If You pay by Bank Transfer, Your order will only be confirmed once We have received payment.
4.10. If payment is not received by Van Cleef & Arpels within five (5) business days from the time of placing Your order, Van Cleef & Arpels reserves the right to cancel Your order.
4.11. If we receive Your payment by Bank Transfer and are unable to deliver Your order within one (1) week following the receipt of Your Payment, we will send You a notification by e-mail, or if You do not have e-mail by post, informing You of the receipt of the payment and the estimated date of delivery (“Pre-payment notification”).
4.12. Cash on Delivery. Cash on Delivery payment (Daibiki) is available for standard delivery (but not for express delivery, same day delivery, or boutique pick-up), up to a limit of one (1) million Yen (including consumption tax). Cash on Delivery is not available for Your Poetic Setting by Van Cleef & Arpels or for creations that are engraved. Should You choose Cash on Delivery, We will arrange to have Your order delivered by Our carrier. There is usually a small charge for processing cash on delivery which will be covered by Van Cleef & Arpels. There are some areas that Our carrier cannot offer Cash on Delivery service. Where Cash on Delivery is not available for a shipment address inserted by You, the Website will not offer that payment option. Should you have any questions, please contact Le Desk.
4.13. You will be required to pay in cash at the time Your order is delivered or arrange for someone to be present to make the payment on Your behalf (please see Delivery details below). Our carrier will not accept credit or debit card payments for Cash on Delivery.
4.14. If You are unable to pay for the order at the time of delivery, then either Our carrier may try to deliver again the next day or You should arrange a new delivery time with Our carrier.
5.1. To help ensure that Your shopping experience is safe, simple and secure, Van Cleef & Arpels uses Secure Socket Layer (SSL) technology on its Website. This encrypts and protects Your Personal Information You send to Us over the internet.
5.2. We will employ all reasonable care to ensure that details of Your order and payment are held securely. However, we cannot be held liable for any loss You may suffer if a third party accesses Your personal information when accessing or ordering from the Website and/or by telephone through Le Desk or on Our data servers, despite the security measures we implemented. We cannot be held liable either for any loss You may suffer if a third party accesses Your personal information on Your own computer. Although we employ all reasonable care to ensure that appropriate technology is used to secure Your orders, we cannot be held liable for any defects in any technology used.
5.3. You will ensure that the Personal Information You provide through the Website or by e-mail will not contain any computer viruses or anything else designed to interfere with or disrupt the normal operating procedures of the Van Cleef & Arpels e-Boutique or in any other way compromise the effectiveness or functionality of the Website in any way.
6. DELIVERIES AND INSURANCE
6.1. General conditions. We only accept orders for delivery to addresses in Japan. Van Cleef & Arpels insures each purchase until it is delivered to You. You will be asked to sign for any creation delivered, at which point all responsibility and risks for Your purchased creations pass to You. For security reasons, Van Cleef & Arpels will store a record of Your transactions for a minimum period of five (5) years.
6.2. Standard delivery. Delivery costs, if any, are charged by Us to You in addition to the price of the creations themselves. The cost of delivery is calculated based on the value of the order:
Cost of standard delivery
Free of Charge
*Van Cleef & Arpels reserves the right to alter the above charges at any time without prior notice.
6.3. For Standard Delivery, Van Cleef & Arpels currently uses Our carrier as courier service to deliver Our creations. Your order will be shipped once it has been fully processed. We do not provide for partial shipments.
6.4. We will use Our reasonable efforts to ensure the delivery to You within three (3) business days (excluding Saturdays, Sundays and Public Holidays) following acceptance of Your order, unless You have requested that the creations ordered be engraved or shipped to a remote area of Japan, in which case delivery may take a few additional days, or be delivered at a later date for a specific reason. Credit checks may be a further cause of delay.
6.5. Van Cleef & Arpels does not deliver to hotels or PO Boxes.
6.6. The delivery times shown above are based on Our carrier expected transit times but cannot be guaranteed.
6.7. Creations will be delivered to the delivery address as shown in Your order.
6.8. As per Article 3.2, You will receive an e-mail confirming the acceptance of Your order and notifying You of the date of shipment. For standard delivery, You will be able to track the shipment of Your order online through Our carrier Website available or by calling Le Desk and using Your unique tracking number.
6.9. You will need to ensure that You are present or arrange for someone to be present on Your behalf at the given delivery address to sign for and take delivery of the order when it is delivered.
6.10. In the event that Our carrier is unable to deliver the order due to the fact that no one can take delivery of the order at the place of delivery, Our carrier will attempt delivery again.
6.11. However, if after one (1) week Our carrier is still unable to deliver the order, then it may be returned to Us and You may be required to pay additional delivery charges for resending the order, if any.
6.12. Whatever delivery method You have chosen, if You are not at home at the time of delivery and/or do not get in touch with Le Desk, Your transaction will be automatically cancelled one (1) month after the first attempt to deliver. In the event of cancellation, You will be advised by Van Cleef & Arpels.
6.13. Express Delivery (Urgent). We provide an express delivery service using Our carrier. This service is not available if You have requested that the creations ordered be engraved. This service is available to residents of Tokyo 23 wards only and provided that You place the order before 24:00 on the previous day. Customers will receive delivery on the next working day (except for Saturdays, Sundays and Public Holidays) following acceptance of the order.
Cost of Express delivery
Free of Charge
*Van Cleef & Arpels reserves the right to alter the above charges at any time without prior notice.
6.14. Same day delivery. We provide same day delivery service using auto-bike service. This service is not available if You have requested that the creations ordered be engraved. This service is available only to residents in the 23 wards of Tokyo and provided that You place the order before 12:00. Customers will receive delivery on the same working day (except on Saturdays, Sundays and National Holidays) following acceptance of the order.
Cost of Same day delivery
Free of Charge
*Van Cleef &Arpels reserves the right to alter the above charges at any time without prior notice.
6.15. Boutique Pick-up. This service is offered free of charge from one of the following Van Cleef & Arpels Boutiques during their normal business hours. This service is not available for Your Poetic Setting.
- Van Cleef and Arpels Ginza Maison
3-5-6 Ginza Chuo-ku, Tokyo, Japan 104-0061 +81 (0)3-3563-1906
- Van Cleef and Arpels GINZA SIX
6-10-1 Ginza Chuo-ku, Tokyo, Japan 104-0061 +81 (0)3-6263-9761
- Van Cleef and Arpels Nagoya Midland Square
4-7-1 Midland Square Meieki Nakamura-ku, Nagoya-shi, Aichi 450-0002 +81 (0)52-587-1960
Van Cleef and Arpels Shinsaibashisuji
1-10-11 Shinsaibashisuji, Chuo-ku, Osaka-shi, Osaka, Japan 542-0085 +81 (0)66-258-2006
6.16. Your order should be available for boutique pick-up within approximately three (3) business days (except for Saturdays, Sundays and Public Holidays) following acceptance of Your order (longer if You have requested engraving). If You have chosen to pick up Your order at a Van Cleef & Arpels’ Boutique, only the person who ordered the creation is authorised to pick up the purchase.
6.17. You will need to bring some official identification such as a driving license together with a copy of the Order Confirmation sent to You by e-mail. You must pick up the order within one (1) month following confirmation of Your order. If You do not pick up the order as agreed or do not get in touch with Le Desk, the transaction will be automatically cancelled.
7. RETURN POLICY
Creations that have NOT been purchased on the Website or through Le Desk cannot be returned to Van Cleef & Arpels e-Boutique pursuant to these Conditions of Sale. Creations that have been purchased on the Website or through Le Desk may be returned for exchanges within thirty (30) days of the date on the certificate only in accordance with this Article 7. No other returns will be accepted.
We require that You return any creation(s) for exchange, in its original packaging in a "new and unused state" with all materials and documents provided, in particular guarantee card, accessories provided with the creation if any, etc. with all original protective covers and labeling attached together with the delivery slip and return form duly completed.
"New and unused state" means that there are no marks on the creation(s) that all protective materials are in place. We do not sell used creation(s) and will not accept any creation with any indication that it was used.
We only accept returns of creations that have NOT been engraved or modified. Personalized or engraved creations cannot be returned to Van Cleef & Arpels. All creation(s) will be subject to the Van Cleef & Arpels Quality Control (QC) check on return receipt, to ensure that the return creations meet these requirements. If creation(s) do not meet QC requirements, then the creation(s) will be refused and the exchange will not be accepted. The creation will be returned to You (or the Gift Recipient) at Your (or the Gift Recipient's) cost. However, this does not affect the rights You may have in relation to products that are defective, as described in Article 10 below.
Van Cleef & Arpels only offers exchanges for products of the same or higher price.
Should a product be returned by You or Gift Recipient for exchange for a same priced or more expensive creation, You or Gift Recipient will respectively be charged the difference in price. Van Cleef & Arpels will send an invoice to You or the Gift Recipient, as applicable, which specifies the price difference to be paid by You or the Gift Recipient, as applicable.
7.3 Return process and costs
Before returning a creation to Van Cleef & Arpels, You will need to call Le Desk to obtain a Return Number (RN) (the communication costs will not be surcharged by Us).
When contacting Le Desk, You will be asked a number of questions about Yourself and Your order, including Your name, Your Order Reference Number (please refer to Your packing note or Order Confirmation e-mail), description of the creations(s) You are exchanging and the reasons for return or exchange.
1. Fill out the return/exchange form (provided in the delivery package) with Your contact details and the Return Number provided by Le Desk;
2. Place the product in its original box and delivery package, together with all materials and documents provided in particular guarantee card, accessories provided with the creation with all original protective covers and labeling attached together with the delivery slip and return form duly completed,
3. Seal the delivery package,
4. Please send returns to the Van Cleef and Arpels e-Boutique address below or as provided by Le Desk.
Creations that have been purchased on the Website or through Le Desk may be returned to the following address:
Van Cleef and Arpels e-Boutique
MSC Fukagawa Building No.2 5F 2-9-8 Saga Koto-ku, Tokyo 135-0031
It is Your responsibility to ensure that any creation being returned is properly packed and duly insured until delivered to Van Cleef & Arpels. You must keep a proof of shipment. Van Cleef & Arpels accepts no liability in the event that such proof cannot be produced.
Upon receiving the defective creation, Van Cleef & Arpels will verify that it complies with these Conditions of Sale.
An exchanged creation will only be sent once the original creation has been received by Us in accordance with Van Cleef & Arpels instructions and has been checked and accepted by the Van Cleef & Arpels Quality Control (QC).
Except for defective products in accordance with Article 10 below, You will be responsible for any costs incurred in returning the creation to Van Cleef & Arpels.
You may be able to return the product to a Van Cleef & Arpels retail boutique in the country where your product was delivered. Please call Le Desk, for further details. You may be asked to provide information about the products for us to make a first assessment of the condition of these products.
You will receive your invoice by email to the electronic address that you have registered. If you would like to have a paper invoice, please contact Le Desk.
9. INTELLECTUAL PROPERTY
10.1. Van Cleef & Arpels is extremely cautious in ensuring that each creation strictly complies with its quality criteria and that it has passed all controls, both technical and aesthetic.
10.2. Nevertheless, if the creation that you have received is originally defective, you may send back the creation to Van Cleef & Arpels for a period of (30) days after the date of delivery.
10.3 Selected creations are covered by the Van Cleef & Arpels International Guarantee, which is included with the creation into the delivery package. If You wish to repair a creation covered by the Van Cleef & Arpels International Guarantee, please refer to the Van Cleef & Arpels International Guarantee for more information.
10.4. We advise you to use the Chakubarai service and the costs for returning the creation will be paid for by Van Cleef & Arpels. Provided, however, that if the creation is found not to be defective by Van Cleef & Arpels, You will be charged for the return shipping costs. Please follow the process outlined in Article 7.3 above (return process).
10.5. Upon receipt of your returned creation, if our Quality Control confirms that the product is originally defective, Van Cleef & Arpels will first proceed with an exchange, will repair the creation if no exchange is available, or may eventually refund your order if the creation cannot be exchanged or repaired.
10.6. These provisions prevail on the guarantee provisions granted by Japanese law.
For any repair inquiries, please contact Le Desk (telephone number and email address indicated on the Website).
12. ACCURACY OF PRICING, PRODUCT DESCRIPTIONS
12.1. While Van Cleef & Arpels endeavors to verify the accuracy of any information it places on the Website, in advertisements or catalogues or by Le Desk, it makes no guarantees, whether express or implied, in relation to the accuracy, reliability and completeness of such information.
12.2. Van Cleef & Arpels does not confirm the price of a Van Cleef & Arpels’ creation until an Order Confirmation has been issued by Van Cleef & Arpels, indicating the existence of a binding sales contract. If a Van Cleef & Arpels creation’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, if Van Cleef & Arpels cannot obtain Your instructions, We will reject the order and notify You of such rejection.
12.3. While every effort will be made to ensure that the descriptions, photographs or graphical representations of the Van Cleef & Arpels’ creations displayed on the Website or in a catalogue 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 creation as set forth in Our return policy.
13.1. Our total liability to You arising out of or in connection with any act or omission (whether occasioned by the negligence of Van Cleef & Arpels or its employees or agents or otherwise) relating to the supply of the creations in Your order or their use by any consumer or other person, will be limited to the total of sums paid by You in the relevant order for the creations in relation to which the liability has arisen.
13.2. Van Cleef & Arpels will not be liable to You for any damages resulting from any loss of profits, loss of goodwill or loss of business, costs, expenses or for any special, incidental, indirect or consequential loss or damage (whether in an action in contract or tort, and whether occasioned by the negligence of Van Cleef & Arpels or its employees or agents or otherwise) arising out of or in connection with any act or omission of Van Cleef & Arpels relating to the supply of the relevant creations or their use by any customer, consumer or other person.
13.3. Nothing in this Article shall exclude or limit the liability of Van Cleef & Arpels for death or personal injury caused by its negligence, or for fraudulent misrepresentation.
14. FINAL PROVISIONS
14.1. Information and complaints. In case of any complaints, please contact Le Desk at the following address: Van Cleef & Arpels, Le Desk Hanzomon First Building 1-4 Kojimachi, Chiyoda Ku, Tokyo 102-0083. For further information or complaints, You may also contact Le Desk on the telephone number and email address indicated on the Website.
14.3. Severability. In the event that any provision of the Conditions of Sale shall be determined to be partially void or unenforceable by any court and for any reason whatsoever, it shall be void or unenforceable to that extent only and no further, and the validity and enforceability of any of the other provisions of the Conditions of Sale shall not be affected.
14.4. Changes. Van Cleef & Arpels reserves the right at any time to make changes to these Conditions, including without limitation, where necessary as a consequence of any revised laws or regulations. The modified Conditions will take effect for all online customers making purchases on or after the date shown on the new Conditions. Please check back from time to time to ensure You are aware of any changes in Our Conditions.
15. APPLICABLE LAW
These Conditions shall be governed by and construed in accordance with the laws of Japan without regard to its conflict of law provisions.
Any dispute will be subject to the exclusive jurisdiction of Tokyo District Court in first instance. Without any restriction to the right to bring proceedings before a Court, Van Cleef & Arpels or the customer will first make reasonable efforts for a period of thirty (30) days to resolve amicably any dispute or failure to agree that may arise out of or relate to a Van Cleef & Arpels creation, the Conditions of Sale or any breach thereof.
17. SPECIFIC CONDITIONS APPLICABLE TO “YOUR POESTIC SETTING” BY VAN CLEEF & ARPELS
Your Poetic Setting by Van Cleef & Arpels allows customers to configure their own engagement rings, by selecting a setting/mount and a diamond. If You are using Your Poetic Setting to configure Your engagement ring, the following specific conditions will be applicable to Your order, supersede the corresponding paragraphs of these Conditions, and complete other paragraphs of these Conditions that are not modified by this Article:
- You will not be able to place Your Poetic Setting orders online. Instead, once You are satisfied with Your selection, You may call Le Desk to have Your engagement ring made for You by Van Cleef & Arpels according to Your wishes.
- It isimportant to note that the engagement ring You may purchase from Van Cleef & Arpels does not exist until assembled according to the final specifications (including size, precious metal choice and diamond selection) agreed upon between You and the Van Cleef & Arpels’ ambassador and that the final price of this engagement ring may vary depending on these specifications and the availability and current pricing of diamonds finally agreed upon between You and the Van Cleef & Arpels’ ambassador.
- We will only accept payment by credit card (except JCB) or bank transfer as consideration for Your Poetic Setting orders and the sale agreement shall be deemed executed upon Our sending of a Pre-Payment Notification or Order Confirmation, whichever is earlier.
- We will use Our reasonable efforts to ensure delivery to You between two to four weeks after reception of Your payment and acceptance of Your order by Van Cleef & Arpels.
- No cancellation of Your Poetic Setting orders will be accepted after Your payment has been received by Van Cleef & Arpels. In the case where You do not take delivery of Your order and do not get in touch with Le Desk, Your order shall be kept available for You during a period of six (6) months from the date of execution of Our sale agreement. Beyond that point, Your order may be disposed of freely by Van Cleef & Arpels and Van Cleef & Arpels shall not be liable to reimburse You or compensate You for any damages resulting from Your order not having been delivered.
- We cannot provide express delivery, same day delivery or boutique pick-up with respect to Your Poetic Setting orders.
- No returns of Your Poetic Setting order, for refund or exchange, will be accepted by Van Cleef & Arpels.
Last updated: March 2018
Where we offer our products for sale online or by phone through the Van Cleef & Arpels Client Relations Center, you must read the applicable Conditions of Sale, which will govern the terms and conditions of any such purchases made in this way.
Information you provide to us and how we use it
We collect the information from you as detailed below:
· To access certain areas of our Platform, you will need to register with us. During the registration process you will be asked to submit personal information about yourself (including your name and address, date of birth, e-mail address and telephone number). By entering your details in the fields requested, you enable Van Cleef & Arpels to provide you with the services you select;
· When you purchase products online or by phone, we collect information such as your purchase details and relevant payment information. In addition, we will also collect personal information from you when you correspond with us (for example, if you contact us with a query about one of our products or services), when you provide your details when you visit a Van Cleef & Arpels boutique or contact the Van Cleef & Arpels concierge by telephone. Please note that phone calls will on occasion be recorded for security, training and development purposes;
· If you choose to interact with Van Cleef & Arpels via a social media platform or other third party service, we will collect the information you have provided to us through that platform;
· We also collect certain information automatically about visitors to our Platform, described in the section headed "Cookies and other information that we automatically collect", below; and
· We will collect information about your location to the extent that we provide any location services, described in the section headed “Location services” below.
We will use the information we collect from you to:
· Manage and fulfil purchase and repair orders, facilitate delivery, and to provide after-sales services;
· Deal with your enquiries and requests;
· Send service related communications, including announcements and administrative messages such as order confirmation;
· Send you marketing communications (including e-mails and social media audience matching) relating to us and other third party partners and that we think may be of interest to you where we have a legitimate basis to do so (please see the “Your choices” section below for further information about how you can control these updates);
· Conduct market research so that we can continuously improve the services we provide to our customers;
· Undertake credit checking, prevention of fraud and other prohibited or illegal activities as part of our efforts to keep our Platform and services secure; and
· Understand how our Platform is used so that we can continuously improve our Platform and services and other offerings.
Cookies and other information that we automatically collect
What is a cookie?
Cookies are text files, containing small amounts of information, which are downloaded to your computer or mobile device when you visit a website or mobile application. They are used to recognise your computer as you move between pages on a website, or when you return to a website or mobile application you have visited previously. Cookies are widely used in order to make platforms work, or to work more efficiently, as well as to provide information to the owners of the platform.
There are two broad categories of cookies:
· First party cookies, served directly by Van Cleef & Arpels to your computer or mobile device. They are used only by Van Cleef & Arpels to recognise your computer or mobile device when it revisits our Platform.
· Third party cookies, which are served by a third party service provider on our Platform, and can be used by the service provider to recognise your computer or mobile device when it visits other platforms. Third party cookies are most commonly used for platform analytics or advertising purposes.
Cookies can remain on your computer or mobile device for different periods of time. Van Cleef & Arpels uses both 'session cookies' and ‘permanent cookies’. Session cookies exist only while your browser is open and are deleted automatically once you close your browser. Permanent cookies survive after your browser is closed, and can be used to recognise your computer or mobile device when you open your browser and browse the internet again.
What cookies does Van Cleef & Arpels use?
The Platform serves only the following types of cookies to your computer or mobile device:
Type of Cookie
Cookies necessary for essential purposes
These cookies are essential to provide you with services available through this Platform and to use some of its features, such as access to secure areas. Without these cookies, services you have asked for, like transactional pages and secure login accounts, would not be possible.
These cookies serve a variety of purposes related to the presentation, performance and functionality of this Platform. Their overall purpose, however, is to enhance visitors’ experience and enjoyment of this Platform.
For example, some of these cookies enable visitors to specify language, product or other platform preferences.
These cookies are used to collect information about how visitors use our Platform.
The information gathered does not identify any individual visitor and is aggregated. It includes the number of visitors to our Platform, the platforms that referred them to our Platform and the pages that they visited on our Platform.
We use this information to help run our Platform more efficiently, to gather broad demographic information and to monitor the level of activity on our Platform.
When you visit our Platform or click on advertisements or promotional areas on the Platform these cookies are used to deliver adverts more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help to evaluate the effectiveness of advertising and promotion.
They are usually placed by advertising networks with our permission. They remember that you have visited a platform and this information is shared with other organisations such as advertisers.
These cookies enable users to share pages and content through third party social media and other platforms. The companies that serve these cookies may also use your information to serve targeted advertising on other platforms.
Further detailed information about the specific cookies used on this Platform and the third parties who serve them can be found in our cookie consent tool. You can use this cookie consent tool to control your cookie preferences.
How to control or delete cookies
You can set your cookie preferences by using our cookie consent tool changing your browser settings so that cookies from this Platform cannot be placed on your computer or mobile device. In order to do this, follow the instructions provided by your browser (usually located within the “Help”, “Tools” or “Edit” facility).
We will collect information about your computer or mobile device, including where available your IP address, operating system, log-in times and browser type. We use this information to better understand how visitors use our Platform and for internal reporting purposes. We will anonymise and share this information with advertisers, sponsors or other businesses.
[The Platforms use third parties such as network advertisers and ad exchanges to serve you ads on third party platforms after you leave our Platforms, and we use third party analytics and other service providers to evaluate and provide us and/or third parties with information about the use of the Platforms and viewing of ads and of our content. Network advertisers are third parties that display advertisements, which are based on your visits to the Platforms and other apps and sites you have visited. Third party ad serving enables us to target advertisements to you for products and services that you might be interested in.
You have choices in respect of the delivery of ads. You can opt-out of receiving certain types of behavioural ads by visiting the third party websites described in the section headed “How to control or delete cookies” above. We are not responsible for effectiveness of or compliance with any third parties’ opt-out options.
Some of the services that we provide are able to use information about your location. For these services, which are typically available on mobile devices or applications, you are provided with the opportunity to provide your consent to the use of location services, which, for example, process information deriving from GPS, sensors, beacons or Wi-Fi access points in order to allow you to benefit from a more personalised service. Your device will have settings that allow you to turn off these services should you no longer wish to benefit from them.
Sharing your information
We do not share personal information about you with other people or non-affiliated companies except under the following circumstances:
· we will disclose your personal information to third party providers for the purposes of providing online and other payment services, handling credit checks and fraud prevention, and any other services required in order for us to use your information for the purposes specified in the section entitled “Information you provide us and how we use it”;
· we will disclose your personal information to any law enforcement agency, court, regulator, government authority or other third party where we believe this is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights or the rights of any third party; and
Protecting your information
We want you to feel confident about using our Platform, and we are committed to protecting the personal information we collect. We limit access to personal information about you to employees who reasonably need access to it, to provide products or services to you or in order to do their jobs. We have appropriate technical and organisational physical, electronic, and procedural safeguards to protect the personal information that you provide to us against unauthorised or unlawful processing and against accidental loss, damage or destruction. However, where we ask you to choose a password in order to access certain parts of our Platform, you are responsible for selecting a secure password and keeping that password confidential. You should choose a password which you do not use on any other site, and you should not share it with anyone else.
You have the right to ask for access to any personal information that we hold about you in our records, to correct any inaccuracies and to update any out-of-date information. In some circumstances, you have the right to request the erasure of your personal information or a restriction of its use.
You have the right to object to us processing your personal information in some cases. In particular, you can ask us to stop sending you direct marketing communications at any time (however please note that we may continue to send you service-related (i.e. non-marketing) communications, such as e-mail updates on your order status). If you wish to exercise any of these rights, please write to us at the address listed below.
You may unsubscribe from e-mail marketing communications at any time by e-mailing the address below in the section headed “Contact us” or clicking on the ‘unsubscribe’ link in any Van Cleef & Arpels marketing e-mails.
50, chemin de la Chênaie, CP30 1293 Bellevue, Geneva, Switzerland
Last updated: September 2016
Van Cleef & Arpels, a branch of Richemont International SA has its registered offices at 8, Route des Biches, CH-1752 Villars-sur-Glâne, Switzerland. The Platforms are owned and edited by Van Cleef & Arpels.
About our hosting services
Hosting Services for our website is provided by Richemont International SA in Switzerland.
Mobile applications may be hosted by us or by other companies and you should refer to the relevant conditions of such other company.
Van Cleef & Arpels e-Boutique – Conditions of Sale
Customers purchasing products online or by phone through the Van Cleef & Arpels Client Relations Centre must read the Conditions of Sale, which will govern the terms and conditions of any such purchases. The provisions entitled "Limitation of liability" below do not cover the sale of products online of over the phone and please refer to the Conditions of Sale for the relevant exclusions and limitations of liability.
Use of materials on the Platforms
Van Cleef & Arpels has created its various Platforms to provide information about its company and products for your personal use. Whilst considerable effort has been made to ensure that the visual representations of Van Cleef & Arpels products displayed on the platforms are representative of the colour, design and style etc. of the original products, slight variations, distortions and/or differences may be apparent when compared to the original product. This may, for example, be due to technical issues such as your browser or computer settings. Accordingly, Van Cleef & Arpels cannot be held liable for any apparent differences in the product images represented on the Platforms and the original products. We strongly advise you visit one of our boutiques or authorised retailers prior to making a purchase online or by phone.
You may download one computer copy or print one copy of the material made available to you via the Platforms, or download the application on to your mobile device, for your own non-commercial, educational, private or domestic use only, provided that proprietary notices, in particular intellectual property notices such as copyright©, trademark™, are preserved intact and are not modified, deleted or changed. Unless otherwise stated, you should assume that everything that you see or read on the Platforms (such as images, photographs, including any person represented in the photographs, illustrations, icons, texts, video clips, music, written and other materials) ("Van Cleef & Arpels Material") are protected by legislation such as copyright, designs and trademark legislation and under international treaty provisions and national laws worldwide.
Your submissions and unsolicited communications
Any unsolicited communication or material that you transmit to Van Cleef & Arpels via the Platforms or through social media, by electronic mail or otherwise, 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 Van Cleef & Arpels. By sending communications to Van Cleef & Arpels, you automatically grant Van Cleef & Arpels a worldwide, royalty-free, perpetual, irrevocable, non-exclusive licence 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 that you transmit may be used by Van Cleef & Arpels 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.
Furthermore, Van Cleef & Arpels enjoys a worldwide reputation for both the design and manufacture of high quality creations including jewelry, high jewelry and watches. To this end, it possesses its own sources of creativity, in particular highly skilled teams of designers who conceive and perfect Van Cleef & Arpels’s creations. As a result, Van Cleef & Arpels cannot agree to or accept to be the receiver of unsolicited proposals of collaboration. Indeed, it is conceivable that Van Cleef & Arpels may already be working on similar ideas and/or creations. Consequently, you are advised that Van Cleef & Arpels is not interested in receiving ideas or other proposals relating to creations you may wish to submit.
Limitation of liability
This section applies to the Platforms and not to the products that may be sold online or by phone by one of our local or regional markets.
Van Cleef & Arpels tries to ensure that the information provided is accurate and complete. However, Van Cleef & Arpels does not warrant or represent that Van Cleef & Arpels’s Material is accurate, error-free or reliable or that use of Van Cleef & Arpels Material will not infringe rights of third parties.
Van Cleef & Arpels does not warrant that the functional and/or technical aspects of the Platforms or the Van Cleef & Arpels Material will be error free or that the Platforms, Van Cleef & Arpels Material or the servers that make them available are free of viruses or other harmful components. If use of the Platforms or Van Cleef & Arpels Material results in the need for servicing or replacing property, material, equipment, data or other element, Van Cleef & Arpels is not responsible for those costs. Without limiting the foregoing, everything on the Platforms is provided to you "AS IS" AND "AS AVAILABLE" AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. Van Cleef & Arpels and its suppliers make no warranties about the Van Cleef & Arpels Material, software, text, downloads, graphics, and links, or about results to be obtained from using the Platforms.
To the fullest extent permitted by applicable law, Van Cleef & Arpels shall not be liable for any indirect, incidental, special or consequential damages of any kind arising out of or in connection with the use of information available from the Platforms or any liability relating to any loss of use, interruption of business, lost profits or lost data, regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if Van Cleef & Arpels has been advised of the possibility of such damages.
Please note that in some jurisdictions consumer protection laws may not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations may not apply.
In general, all trademarks, logos and service marks (collectively the "Trademarks") that appear on the Platforms are registered, unregistered or otherwise protected Van Cleef & Arpels trademarks or are licensed for use by Van Cleef & Arpels by third parties. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the Platforms should be construed as granting, by implication or otherwise, any licence or right to use any trademark without Van Cleef & Arpels’s prior written permission or that of such third party who owns the trademark. Misuse of any trademark displayed on the Platforms, or any other content on the Platforms, except as provided herein, is strictly prohibited.
All content (including Van Cleef & Arpels Materials) on the Platforms are either Copyright © Van Cleef & Arpels or are licensed for use by Van Cleef & Arpels. All rights are reserved. Please refer to the section above on Use of Materials on the Platforms.
Links & linking
The Platforms may contain links to other platforms operated by third parties not affiliated to Van Cleef & Arpels. The inclusion of any link to such third party sites does not imply endorsement by Van Cleef & Arpels of those sites. Van Cleef & Arpels has not reviewed all of the content contained in the linked sites and is not responsible for the content or accuracy of any off-site pages or any other sites linked to any of the Platforms. If you choose to click through any link to off-site pages or third party sites then this is at your own risk.
Van Cleef & Arpels does not authorise linking to any of its Platforms from a third party platform without its express prior written authorisation.
Termination and suspension
Unless otherwise specified, the information and materials presented on the Platforms are presented solely for the purpose of promoting Van Cleef & Arpels’ products and services and in certain cases to present products for sale via a variety of means. Van Cleef & Arpels makes no representation that Van Cleef & Arpels Material is appropriate or available for use in every country of the world. You are responsible for compliance with applicable local laws, keeping in mind that access to Van Cleef & Arpels Material may not be legal by certain persons or in certain countries. Our products are available in many parts of the world. However, the Platforms may identify products that are not available worldwide.
Applicable law and jurisdiction
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Van Cleef & Arpels High Jewelry
© Van Cleef & Arpels. Photographie Stink-Sonia Sieff, Direction artistique Gaspard Yurkievich
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