CONDITIONS OF SALE
VAN CLEEF & ARPELS U.S. E-BOUTIQUE
& CLIENT RELATIONS CENTER
Last updated: October 2019
About Van Cleef & Arpels and these Conditions of Sale
These Conditions of Sale apply to any sales of Van Cleef & Arpels products or services that you may order from Van Cleef & Arpels North America, using the website www.VanCleefArpels.com [BE(1] and any associated mobile or digital applications that refer to these Conditions of Sale (together, the “Platforms”) or by telephone at 1-877-VAN-CLEEF (1-877-826-2533) via our client relations center (the “Client Relations Center”).
Van Cleef & Arpels North America has its registered offices at 645 Fifth Avenue, 6th Floor, New York, NY 10022, U.S.A. [BE(2] (Van Cleef & Arpels and "we", "us" and "our").
Please read these Conditions of Sale carefully. These Conditions of Sale are applicable to any order placed through the Platforms or Client Relations Center (together the “Sales Channels”). Please note that before placing an order for products or services, you will be asked to agree to these Conditions of Sale. If you do not agree to these Conditions of Sale, then you will not be able to order any products or services through the Sales Channels. Sales concluded through physical points of sale (such as our retail boutiques) or third parties (such as authorized retailers) are not subject to these Conditions of Sale.
Updates to these Conditions of Sale
We may make changes from time to time to these Conditions of Sale so please check back regularly to keep informed of updates. The latest version of these Conditions of Sale will always be available on the Platforms. Any new version of these Conditions of Sale shall take effect immediately upon the date of posting and will govern any orders of products or services made as from that date. Any changes to the Conditions of Sale made after you have placed an order will not affect that order and your relationship with us, except as may be required by applicable law.
Only individuals (and not legal entities) who (a) have reached the age of legal majority (eighteen in most states) required to enter into contracts; (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 Sales Channels. If you are under the age of legal majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and they will be asked to agree to these Conditions of Sale.
By placing an order through the Sales Channels, you represent and warrant that you are a bona fide end-user customer purchasing for your own or another’s personal use and will not deliver, sell or otherwise distribute our products or purchase our products or services for commercial purposes.
Product availability & quantity
All orders placed through the Sales Channels are subject to availability and acceptance of such orders by us. Products shown on the Platforms, which cannot be added to the shopping bag, are not available for sale via the Platforms. The Client Relations Center can provide more information as regards these products. For information about the order process, please refer to our Order Process section below.
Quantity limits may apply in relation to orders for certain products. We reserve the right to refuse at any moment in time, without prior notice, orders exceeding a certain number of authorized products.
Account registration & guest checkout
To place an order, you may either register and create an online account, or place an order as a guest without creating an online account by selecting the "Guest Checkout" option. Where you place an order as a guest, we may still create an account on our internal systems to record your purchase(s).
Personalization services (for example engraving) or other services may be available on a selection of products. If you wish to have your product personalized, please provide the details in the Sales Channels as requested.
We reserve the right to withhold or refuse acceptance of any order for personalized products, or with a message card, that contains language that is objectionable, unlawful or contrary to our policies. You are responsible for ensuring that any wording you provide for personalizing products is correct.
In addition, orders for personalized products cannot be cancelled and such products that have been personalized in any way or otherwise made to your bespoke specifications cannot be returned to us for exchange or refund as described in these Conditions of Sale. This does not affect your consumer rights (please see the Manufacturer’s guarantee and your legal consumer rights section for further information).
The order process of the Platforms will include the following:
· Add to Shopping Bag: 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). Placing an item in your shopping bag does not guarantee availability for purchase, which is not confirmed until you receive a written Confirmation of Order & Shipment.
· Guest/My Account Checkout: When you are ready, you then proceed to “Checkout”, either as a guest or through your registered account. You may also remove one or several products you have selected from the shopping bag as part of the checkout process.
· Delivery, Review and Payment: As part of the checkout process, you add and review your order details and personal information (including e-mail, shipping address, billing address and payment information). You should carefully check and confirm all details on the order summary page before placing your order.
· Placing of Order: You then check the relevant box and place your order.
In the case of an order being placed through the Client Relations Center, the Van Cleef & Arpels ambassador will walk you through the steps above and verbally ask you to confirm the details of your order.
We reserve the right, in our sole discretion, to refuse, cancel and terminate orders at any time on reasonable grounds. For example, we may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if we suspect, in our sole discretion, that you have engaged in (i) fraudulent activities; or (ii) have otherwise violated these Conditions of Sale.
Prices, taxes and shipping costs
All prices shown on the product pages of the Platforms or quoted by the Client Relations Center include sales taxes but exclude shipping costs and other taxes unless otherwise stated.
The applicable currency will be updated based on the shipping destination after you provide us with the delivery address and will be shown in your shopping bag before you place your order. You should check updated prices and currency carefully.
Sales, use or other taxes will vary based on the location to which products are being shipped.
Shipping costs, if any, are described in the Shipping Policy below or on the Sales Channels. Shipping costs are not stated on the product pages but will be added to the product price after you have chosen your delivery options. These costs will be summarised before you are asked to confirm and place your order and will also be reflected in our email correspondence with you once you have chosen your delivery options.
We reserve the right to modify prices and delivery costs at any time without prior notice.
We take reasonable care that the prices of products and delivery costs are correct at the time when the relevant information was entered into the system or communicated to you via the Client Relations Center. However, it is always possible that, despite our reasonable efforts, some of the products offered through our Sales Channels or delivery costs may be incorrectly priced. If any of the products you place an order for or any delivery costs are incorrectly priced, we will contact you as soon as possible to inform you of this error. If we are unable to contact you using the contact details you have provided during the order process, we will cancel the order and notify you in writing. If we mistakenly accept and process your order where a pricing or delivery cost error occurs, we may cancel supply of the product and refund you any sums you have paid.
Please note that changes to applicable law between the date your order is placed and the date you are sent a written Confirmation of Order & Shipment may result in changes to the taxes associated with your order. If the resulting change is an increase in the taxes that you are charged, we will contact you and ask that you reconfirm your order. [BE(4]
We accept the methods of payment identified as part of the order process via the Sales Channels. Depending upon the means of payment, we may require additional information, including specific forms of identification.
When ordering on the Platforms, 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 complete payment details. All payment card holders are subject to validation check and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, you will need to contact your card issuer directly to solve this problem.
Other payment methods may also be subject to validation checks and authorization by the payment system providers as well. You expressly authorize us to perform security checks, where we deem 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 payment card details, to authenticate your identity, to validate your payment card, to obtain an initial payment card authorization and to authorize individual purchase transactions.
The full amount of your purchase will typically be blocked on your payment card until your order is shipped, at which point you will be sent a Confirmation of Order & Shipment and your payment card will be charged the applicable purchase price.
We may accept bank wire transfer for orders at our sole discretion. We do not charge a fee for bank wire transfers for orders made through the Sales Channels or Client Relations Center, however, some financial institutions may charge a fee for using a bank wire transfer. We require that all bank wire transfer orders placed by telephone be confirmed through an order approval process. We may acknowledge a bank wire transfer order, but the order will not be processed until the payment has been received and confirmed by us by e-mail. If your wire transfer payment is not credited into our bank account within seven (7) days after you have placed your order, your order will be cancelled.
Acknowledgement of Order
Once you have made your choice and your order has been placed through the Sales Channels, you will receive a written Acknowledgement of Order (by e-mail or otherwise confirming the details of your order together with an order reference number). Please make sure that you save this order reference number for any future enquiries regarding your order. This Acknowledgement of Order is not an acceptance of your order. To confirm the order, we will conduct its usual credit, anti-fraud, security and related legal checks and, if acceptable, will then process your order. Upon receipt of the Acknowledgement of Order, it is your responsibility to review it and confirm that it accurately reflects your intended order. If you have any questions or concerns or if the Acknowledgement of Order does not reflect your intentions, you should contact the Client Relations Center promptly.
These Conditions of Sale will be provided to you when we acknowledge your order.
We only accept orders for delivery to the country or countries that are identified during the Order Process. Please note that we do not ship to certain addresses, such as military, certain restricted areas, pick-up points, or PO boxes. For further information, please contact the Client Relations Center.
Boutique pick-up may be offered, free of charge, to certain locations. Please refer to the Platforms or call the Client Relations Center for more information. We will inform you by e-mail or by telephone when the product is ready for pick-up at the boutique.
Confirmation of Order & Shipment
Upon shipment of your order, we will send you a Confirmation of Order & Shipment in writing (by e-mail or otherwise). This Confirmation of Order & Shipment constitutes our acceptance of your order and indicates the existence of a binding sales contract.
We will use reasonable efforts to ensure delivery by the carrier within the estimated delivery lead time from the date of our written Confirmation of Order & Shipment and in any event within thirty (30) days after that date, except if your purchase relates to a product or service that we have explained to you will take additional time to deliver, for example in the case of products or services that we personalize or produce to your specifications.
When ordering through the Sales Channels, you may be able to choose a specific delivery date as available on the Sales Channels. Any such specific delivery date remains subject to our confirmation.
If delivery of products is delayed by an event outside our control, we will inform you as soon as possible and will use reasonable efforts to minimise the effect of the delay. If we do not deliver within thirty (30) days from the date of the written Confirmation of Order & Shipment or any other time limit as indicated by us, you may contact the Client Relations Center to cancel the relevant order and get a refund of any sums you pre-paid us for any products which you have not received.
In any event, your sole remedy for any failure by us to deliver the order to you shall be your right to cancel the relevant order and receive a refund of sums you pre-paid us for any products which you have not received.
When estimating your delivery time, please allow time for credit approval, address verification, security checks and order processing. Please note that delivery is always subject to receiving your full payment.
We will require a handwritten or electronic signature by you, or a person at the nominated delivery address (unless arranged by you otherwise), to confirm the delivery of each product, at which point risk and 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 a person at the delivery address) is evidence of delivery and fulfilment of the sales 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. We reserve the right to deliver products only to the person who is the intended recipient of the order as stated on the label of the parcel and to request ID check for verification purposes at the time of delivery for certain categories of products. Please call our Client Relations Center for more information.
When ordering products via the Sales Channels, you will receive an invoice that will be sent to you in writing (to your e-mail address as a PDF attachment or otherwise).
Returns and Exchanges
(a) Right to Cancel
You have the right to cancel the contract created by our written order confirmation without giving any reason thirty (30) days from the day on which you acquire, or someone you nominate (other than the carrier) acquires, physical possession of the products in your order. If you are a customer based in the European Union or the European Economic Area and have made a purchase via the Sales Channels, this is considered to be your statutory right to withdraw from the contract. To meet the withdrawal deadline, it is sufficient for you to withdraw before the withdrawal period has expired.
To cancel the contract and return your product(s), you can contact our Client Relations Center and follow the instructions that will be given to you.
(b) Return Process
Products that have been purchased through the Sales Channels may only be returned to our Van Cleef & Arpels e-boutique distribution center at the address of our Returns Department, as provided through our Client Relations Center, or if available to selected Van Cleef & Arpels retail boutiques, in accordance with these Conditions of Sale.
Products that have not been purchased through the Sales Channels may NOT be returned to our e-boutique distribution center.
(i) Call the Client Relations Center.
(ii) You may use our pick-up service and agree on a pick-up date with our logistics partner. You may be asked at this stage to provide information about the product for us to make a first assessment of the condition of this product;
(iii) The Client Relations Center will ask you to complete the return form that was enclosed with your product delivery;
(iv) Please fill out the required information on the return form and sign it;
(v) You must include in the delivery package, the completed return form along with the product, all its accessories, any free items you received as part of your order, the Service Guide, the warranty card and all other documents, in their original box;
(vi) Please seal the delivery package and affix the pre-paid airway bill received with your purchase; and
(vii) For our pick-up service, our logistics partner will pick-up the sealed delivery package on the agreed date.
You must keep a proof of return shipment and we accept no liability in the event that such proof cannot be produced. Only merchandise received by our Van Cleef & Arpels e-boutique distribution center will be eligible for a refund or exchange.
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 the Client Relations Center 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.
(c) Condition of Returned Products
We will verify that the returned product satisfies the conditions of the Returns and Exchanges Policy and, if so, then proceed with the applicable refund or exchange.
Our 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. For example, timepiece bracelets that have been adjusted at your request must be returned with the exact same number of links as in the original delivery package. We reserve our right not to accept any return if the product shows signs of wear, or has been used or altered from its original condition in any way or, as an alternative, may reduce the amount of any applicable refund or exchange accordingly.
If you have received free items as part of your order, they must be returned with the products.
All returns will be subject to strict Quality Control (“QC”) by us to ensure that the returned products satisfy these requirements. If the products do not meet QC standards, we will refuse the return, and the products will be returned to you. If the returned product satisfies QC, we will proceed with the applicable refund or exchange.
Failure to comply with these Conditions of Sale will entitle us to refuse the returned product and send it back to you, at your own cost.
(d) Products you cannot return or exchange
Orders for products that have been personalized in any way or otherwise made for you with bespoke specifications cannot be cancelled and such products cannot be returned to us for exchange or refund. This includes, without limitation, products that have been engraved.
Please note, fragrances are final sale and may not be returned.
You may return a product purchased through the Sales Channels for refund, provided that the return complies with these Conditions of Sale, in particular with (a) Right to Cancel and (b) Return Process above.
Only the buyer will be entitled to receive a refund of the purchase price. In no event will a person who has received the product as a gift (i.e. a “Gift Recipient”) be entitled to receive a refund. If you are a Gift Recipient and wish to return a product, please contact the Client Relations Center to discuss your options.
If the return complies with these Conditions of Sale, we will use commercially reasonable endeavours to refund the purchase price to the buyer using the same means of payment as used by the buyer for the initial transaction within thirty (30) days after receipt of the returned item by the Van Cleef & Arpels e-boutique distribution center.
If you are returning a product purchased via the Sales Channels to a participating Van Cleef & Arpels retail boutique (please contact the Client Relations Center to find out about our participating Van Cleef & Arpels retail boutiques), you will only be entitled to receive boutique merchandise credit. No cash or card refunds will be issued in respect of a return to a participating Van Cleef & Arpels retail boutique. Boutique merchandise credits can only be applied to products purchased in a participating Van Cleef & Arpels retail boutique and cannot be applied to products purchased through the Sales Channels. Please contact the Client Relations Center for further details.
You may return a product purchased through the Sales Channels for exchange with another Van Cleef & Arpels product, provided that the return complies with these Conditions of Sale, in particular with (a) Right to Cancel and (b) Return Process above.
In any event, the sale of the returned product will be cancelled and a new order for the product ordered must be placed.
Should a product be returned to the Van Cleef & Arpels e-boutique distribution center for exchange with a less expensive product, only the buyer of the returned product will be entitled to receive a refund of the price difference.
If a product is returned for exchange with a more expensive product, you will have to pay the price difference.
Manufacturer’s guarantee and your legal consumer rights
We are committed to ensuring that each product strictly complies with our quality criteria and that it has passed all our controls, both technical and aesthetic.
Selected products are covered by the applicable Van Cleef & Arpels Guarantee. If you wish to repair a product covered by the applicable Van Cleef & Arpels Guarantee, please refer to the applicable Van Cleef & Arpels Guarantee, and call our Client Relations Center for more information.
In your capacity as consumer, you may have legal rights under the applicable law of governing the sale of consumer goods; those legal rights are not affected by these Conditions of Sale or the applicable Van Cleef & Arpels Guarantee.
The following complimentary services will be proposed, free of charge, by the Sales Channels:
(a) Gift Wrap and Packaging
All orders will be shipped with the Van Cleef & Arpels box gift wrapped in Van Cleef & Arpels special packaging, together with a Van Cleef & Arpels shopping bag (where applicable).
Engraving may be available on specific products, and offered only through sales transactions completed through the Client Relations Center.
If you wish to have your Van Cleef & Arpels product engraved, please provide the details to the Client Relations Center.
Orders for personalized Van Cleef & Arpels products cannot be cancelled and personalized Van Cleef & Arpels products cannot be returned to Van Cleef & Arpels for exchange or refund.
(c) Strap Exchange / Adjustment
A Van Cleef & Arpels watch strap is delivered in a standard size. The strap size can be delivered smaller or larger, upon request, by calling the Client Relations Center. Van Cleef & Arpels watch strap adjustment is also available on certain watch models. If you request a watch bracelet adjustment, the removed links will be returned to you and included in the delivery package.
(d) Jewelry Adjustment / Alterations
For any adjustments or alterations to your Van Cleef & Arpels jewelry, please contact the Client Relations Center or check our website for further information and assistance.
(e) 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. Van Cleef & Arpels reserves the right to reject gift card notes it deems offensive or inappropriate to be sent on Van Cleef & Arpels logo stationery.
For any repair inquiries relating to a product ordered through the Sales Channels, please contact our Client Relations Center.
We try to ensure that the information, including product descriptions, dimensions, and colours, provided on the Platforms, in advertisements or catalogues or as provided by the Client Relations Center is accurate and complete. However, we make no guarantees, whether express or implied, in relation to the accuracy, reliability and completeness of such information.
Limitation of liability
To the fullest extent permitted by applicable law, we disclaim and exclude all other terms, conditions and warranties in relation to the products and Sales Channels whether express or implied by statute or otherwise or arising from any previous course of dealing or usage or trade practice.
Nothing in these Conditions of Sale limits or excludes our liability for any liability which cannot be limited or excluded by applicable law. Subject to the preceding sentence, our aggregate liability to you under these Conditions of Sale for any order whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages shall in no event exceed the one hundred percent (100%) of the price of the product(s) in your order.
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.
If any provision, or part of a provision, of these Conditions of Sale is found to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these Conditions of Sale, and the legality, validity or enforceability of the remainder of the provisions of these Conditions of Sale shall not be affected, unless otherwise required by operation of applicable law.
These Conditions of Sale (and associated terms incorporated by reference) constitute the entire agreement between you and us in relation to the order of products or services, 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.
We are not responsible for any failure or delay in performing or complying with our obligations under these Conditions of Sale which arises from any cause beyond our reasonable control.
The waiver by us of a breach of any provision of these Conditions of Sale will not operate to be interpreted as a waiver of any other or subsequent breach.
This contract is between us and you. No other person shall have any rights to enforce any of its terms. However, if you purchase a product as a gift, the recipient of your gift will have the benefit of the applicable Van Cleef & Arpels Guarantee.
Applicable law and jurisdiction
These 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 of the Conditions of Sale, shall be adjudicated or arbitrated in accordance with the Conditions of Sale. Where the laws of the State of New York are different to the mandatory consumer laws in your own country, we will afford you with similar protection.
You may bring proceedings against us either in the courts of either in the courts of the State of New York or in the country where you are domiciled. We may also bring proceedings against you in the courts of the country where you are domiciled.
Without any restriction to bring proceedings before a court, you and Van Cleef & Arpels 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 the product, the Conditions of Sale or any breach thereof.
If you have any questions or comments about these Conditions of Sale, or matters generally, please contact us at the address provided below.
Phone Number:[BE(6] 1-877-826-2533
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 monitor the level of activity on our Platform and to deliver adverts more relevant to you and your interests.
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 or by 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.
California Privacy Rights
This section applies solely to the personal information collected online and offline of California consumers (excluding our employees, applicants, staff and contractors). This section is intended to address the relevant notice requirements of the California Consumer Privacy Act of 2018 (the “CCPA”), and uses certain terms that have the meaning given to them in the CCPA.
· Your information, sources and purposes: Please refer to the sections above headed “Information you provide to us and how we use it” and “Cookies and other information that we automatically collect” for a description of the personal information we may collect about you (or have collected in the preceding 12 months) and the sources of such information (such as directly from you and your device or through certain third parties). These sections also describe the purposes for which we may use or have used such information.
· Sharing your information: We may have shared your personal information with certain categories of third parties, as described in the section headed “Sharing your information” above.
· Selling your information: We have not sold personal information in exchange for monetary compensation. As described in the sections headed “Cookies and other information that we automatically collect” and “About Advertising”, we may allow certain third parties (such as certain advertising partners) to collect your personal information via automated technologies on our Platforms in an effort to serve you content and advertisements that may be of interest to you. You have the right to opt out of this disclosure of your information, as described in the section headed “How to control or delete cookies.”
· Your rights: Subject to exceptions under applicable law, you may have certain choices regarding our use and disclosure of your personal information, as described below:
· Access: You have the right to request, twice in a 12-month period, that we disclose to you the personal information we have collected about you during the past 12 months and details regarding our collection, use, disclosure and sale, if any, of such information.
· Deletion: You have the right to request that we delete certain personal information we have collected from you.
· Opt-Out of Sale: You have the right to opt out of certain cookie use, as described in the section headed “How to control or delete cookies.” To exercise your rights, please contact us as described in the section headed “Contact Us” below. If you exercise your rights, we may require you to provide certain information to verify your identity (such as your name, email address, phone number and/or address) or the authority of any third person acting on your behalf.
· No discrimination: If you choose to exercise any of your rights under the CCPA, you have the right to not receive discriminatory treatment by us. This section is available in alternative formats upon request by contacting us as described in the section headed “Contact Us” below.
· Personal, family and household clients: In addition, under California Civil Code Section 1798.83, if you are a California resident and your business relationship with us is primarily for personal, family or household purposes, you may request certain data regarding our disclosure, if any, of personal information to third parties for the third parties’ direct marketing purposes. To make such a request, please send an e-mail message to our e-mail address below with “Request for California Privacy Information” in the subject line. You may make such a request up to once per calendar year. If applicable, we will provide you, by e-mail, a list of the categories of personal information disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, along with the third parties’ names and addresses. Please note that not all personal information sharing is covered by Section 1798.83’s requirements.
The Platform is not directed at anyone who we know to be under the age of 13, nor do we collect any personal information from anyone who we know to be under the age of 13. If you are under the age of 13, you should not use the Platform and should not submit any personal information to us.
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’ 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.
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’s 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
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