GENERAL TERMS & CONDITIONS
TERMS OF SALE
This page (together with the documents referred to on it) tells you the general terms and conditions on which we supply any of the products (jewellery) listed on our website at (our site) to you. Please read these terms and conditions carefully before ordering any jewellery from our site. You should understand that by ordering any of our jewellery, you are offering to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference and safe keeping.
Please check the indicated box if you accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any jewellery from our site.
1. INFORMATION ABOUT US
1.1 www.cafegitane.fr is a site operated by Café Gitane Paris (us/we). Our registered office is situated at 9 Parkhill Road, London, NW3 2YH.
2. YOUR STATUS
2.1 By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old;
(c) You are purchasing jewellery for private and domestic use and not for resale in the course of a business.
2.2 In order to purchase jewellery from us, you must:
(a) Provide us with all the information that we require, such as your full name, phone number, e-mail address, billing and delivery addresses and any other information that we way request from time to time.
(b) Have a valid credit or debit card issued by a bank that we accept.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 If this is your first purchase on our Site you will have the option to register and create an account with us using your email address and you will also be asked to create a password. You must keep this password confidential and not disclose it to any third party. You will then be asked to input your address. The address that you register with must be the address that the card statement is sent to, however you can use a different delivery address if you so wish. If you have already registered with us you may enter your sign in details to access your account.
3.2 Once signed in or registered, as the case may be, you must select your preferred method of delivery (if any delivery charges are payable these will then be added to the amount you will be charged), confirm you wish to make an Order and consent to the Terms of Sale. You will then be asked to confirm your delivery address and input your payment details.
3.3 Once you have finished compiling your Order, you will be asked to confirm that your Order is correct. If it is not correct, you can revisit your Order and correct the mistakes before confirming and submitting your Order to us. It is your responsibility to ensure that your Order is correct before submitting it to us.
3.4 After placing an order via our Site, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the dispatch confirmation). The contract between us (the contract) will only be formed when we send you the dispatch confirmation.
3.5 The Contract will relate only to those jewellery whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other jewellery, which may have been part of your order until the dispatch of such jewellery has been confirmed in a separate dispatch confirmation.
3.6 In the event that prior to the Dispatch Confirmation, we find that we are unable to satisfy your order for any reason (such as falling levels of stock) we will attempt to make contact with you in order to offer you any available alternatives.
3.7 We do try to make sure that all information on the site is correct all the time but sometimes mistakes are made. In the event of clear error, please see clause 9 below but note for now that we reserve the right to cancel your order even after sending you the dispatch confirmation, right the way up to the point at which you accept delivery.
3.8 Where we have the jewellery in stock, we will take payment from you immediately. However, from time to time we may provide you with the opportunity to place an advance order on jewellery that we have yet to receive into stock. In these circumstances, we may offer you the chance to pay a deposit in order to secure your order. Once we receive the Product in question, we will check it for quality purposes and if we are satisfied, we will take the balance due and issue the dispatch confirmation.
3.9 Jewellery displayed on the site is shown in full colour, but computer monitors and screens vary so we cannot guarantee that the colour you see on screen will exactly match the colour of the item in question.
4. AVAILABILITY AND DELIVERY
4.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the dispatch confirmation, unless there are exceptional circumstances. For more information, please see our Delivery & Returns Policy.
4.2 Faulty jewellery will be sent for repair within one month of purchase but only where we are satisfied, on inspection, that the product in question is faulty and that the fault has not arisen out of normal wear and tear. Damaged jewellery will not be accepted as returns under any circumstances. If a repair is not possible then an exchange may be offered.
4.3 We will only refund shipping costs where the cause of the return is our fault, e.g. the product is faulty or is not what you ordered. In all other cases, we will only refund the purchase price minus the shipping costs. Please refer to our refund policy.
5. RISK AND TITLE
5.1 The jewellery will be at your risk from the precise time you sign for delivery or someone else does this on your behalf.
5.2 Ownership of the jewellery will only pass to you when we receive full payment of all sums due in respect of the jewellery, including delivery charges, or at the precise time you sign for delivery (or someone else does this on your behalf), whichever is the latter.
6. PRICE AND PAYMENT
6.1 The price of jewellery is as quoted on our site in British pounds.
6.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery & Returns Policy.
6.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
6.4 Our site contains a large number of items and it is always possible that, despite our best efforts, some of the jewellery listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you or, if this information comes to light after we have taken payment, we will refund the difference to the card that you have used for payment. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
6.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a miss pricing.
6.6 Payment for all jewellery may be made by credit or debit card. We accept payment with Visa/Delta/Electron, Mastercard/Eurocard/American Express, Solo and Switch Maestro. Your credit or debit card will be charged immediately.
6.7 All payments must be made at the time of Confirmation. Payment for all Orders must be by credit or debit card. We accept payment credit or debit card payments via Visa, MasterCard, Maestro and American Express. If we are unable to accept or fulfill your Order for any reason then we will refund any money paid by you in respect of the Order. We will not dispatch the Product(s) until we receive payment in full.
6.8 For payment by card, all credit or debit cardholders and bank account holders respectively may be dependent on authorisation and authentication. If the issuer of your payment card or our service provider refuses to,or does not for any reason authorise or validate the payment, we will not be liable in these circumstances for any delay or non-delivery in respect of the Product(s) which you have ordered as a result.
6.9 To ensure safe and secure shopping, we are Verisign certified. We also use standard internet encryption technology to provide you with the maximum practicable level of security.
6.10 We do not hold any of your payment details anywhere on the Site. They are passed securely to our payments processor for authorisation by your bank or payment provider.
7. OUR REFUNDS POLICY
If you are not satisfied with your purchase, then you can return your item within 14 calendar days of receiving your order by following the returns process below. Only faulty items will be eligible for full refund to your credit card or original method of payment. Other eligible return cases will be issued with an e-voucher :
7.1 Any items purchased on SALE from our website are non-returnable/non-refundable. Customers are notified at the time of purchase that these items are non-returnable/non-refundable.
7.2 Please contact us at contact@cafegitane.fr quoting your order number for instruction on how to return your item.
7.3 The item you wish to return must be unused and in the exact same condition that you received it in and with the Café Gitane Paris authenticity tag attached. It must also be in the original pouch and box provided. Items that appear worn or used will not be refunded and returned to the customer. Please note we do not accept returns on earrings due to hygiene.
7.4 Our policy lasts 14 calendar days. The purchased item you wish to return must be received by us within 14 calendar days of receiving your order. No refund will be accepted under any circumstances after that timeframe.
7.5 Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. You will receive an e-voucher for the value of the purchased item to be used within the next six months. In case of faulty item(s), a full refund of the item/s (excluding any delivery charges) will be processed, and a credit will automatically be applied to your credit card or original method of payment, within 10 days.
7.6 You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
7.7 Depending on where you live, the time it may take for your exchanged product to reach you may vary.
7.8 If you are shipping an item over £50, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item. Any items that do not reach us are the responsibility of the customer.
7.9 We cannot repair damage to any items that exceed 1 month from purchase. Any damage incurred by the customer from misuse cannot be repaired.
7.10Tarnishing or discoloration due to chemical contact is not a fault. Please see our care instructions on how to avoid this.
7.11 All products are covered by our standard 1-month warranty to cover any manufacturing defects. Please note the warranty is void if any damage is incurred by the customer, including any damage caused by perfumes, bleaching, heat exposure and general wear and tear.
7.12 Any lost items cannot be replaced or refunded.
7.13 International Returns: Please ensure that you state you are “returning to seller” in the reason for export field on your postage label. You must also state that the item is of no retail value, as we cannot accept customs charges to receive your return. We strongly recommend using a tracked and shipped service for return, as we cannot refund/exchange items that don’t reach us safely. All shipping costs are the responsibility of the customer. Please note we do NOT refund international customs taxes and sales charges.
7.14 If returning a faulty item that is within the 14-day returns period, we will cover return postage if agreed beforehand and is deemed faulty upon inspection when it has arrived to us, but we cannot pay more than £8 for return postage at any one time, if the cost for return is over £8 the customer is liable for the extra charge.
7.15 If you would like to exchange one item for another, you must first return the original item within 14 days and then place a new order. You will receive an e-voucher after the initial purchase has been returned in accordance with our usual returns policy.
7.16 Late or missing refunds: If you haven’t received a refund yet, first check your bank account again. Then, contact your credit card company, it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at contact@cafegitane.fr
7.17 You do not have any right to (a) cancel your Contract for supply of, and/or (b) refund and/or (c) exchange any Product/s that have been engraved or otherwise made to your bespoke specifications (unless such Product/s were damaged, defective or faulty when delivered to you or have been incorrectly delivered).
8. OUR LIABILITY
8.1 We warrant to you that any product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which jewellery of the kind are commonly supplied.
8.2 Our liability for losses you suffer as a result of us breaking this Agreement is strictly limited to the purchase price of the product you purchased and any losses which are foreseeable as a consequence of us breaking the Agreement. Losses are foreseeable where they could be contemplated by both you and us at the time your order is accepted by us.
8.3 This does NOT INCLUDE OR LIMIT in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under Section 2(3) of the Consumer Protection Act 1987 (or any successor legislation that replaces this);
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
8.4 We are not responsible for the indirect losses which happen as a side effect of the main loss or damage (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if such indirect damage is foreseeable.
9. LAW AND JURISDICTION
Contracts for the purchase of jewellery through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
10. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
10.1 We have the right to revise and amend these terms and conditions from time to time to reflect (without limitation) changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
10.2 You will be subject to the policies and terms and conditions in force at the time that you order jewellery from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the jewellery).
11. PROMOTIONAL CODES
11.1 Your promotional code must be entered at the checkout in order for the discount to be applied to your order, unless advised otherwise.
11.2 Promotion Codes can only be used once and are only valid on full price items and exclude sale items and special orders.
11.3 Codes are non-transferrable, and no cash alternative is available.
11.4 Only one code can be used per transaction/order.
11.5 All promotional offers are subject to stock availability and are subject to change at any time.
11.6 If returning an item from an order purchased with a promotion code applied then the same discount will be applied to each item of your order that you return. Further, any free promotional gift given with an order must also be returned if you are returning the item(s) to which the gift related.
TERMS OF USE
By entering this website, you are deemed to have accepted the terms and conditions set out below. If you find these terms unacceptable, you must leave the website immediately.
- The entire content of this website is the sole property of Café Gitane Paris. All intellectual property rights existing in this site (including but not exclusively any copyright and design right) belong exclusively to Café Gitane Paris.
You may download pages of this website to a local disk or other storage media and you may print off extracts of this site and share both within your organisation strictly on the basis that you do not do so for profit and on the condition that Café Gitane Paris copyright notice is preserved at all times.
- Otherwise, reproduction of part or all of the contents of this website in any form is prohibited unless for your own personal use. None of the content of this website may be copied or otherwise incorporated into or stored on any other website, electronic retrieval system, publication or other work in any form whatsoever. You may not frame any part of this website.
Café Gitane Paris is a trademark owned by Café Gitane Paris. Any other trademarks, registered or otherwise, remain the property of the appropriate trademark owner.
- Whilst Café Gitane Paris has taken every care to ensure that the information on this website is accurate and up to date, no warranties express or implied are given as to the accuracy of the information contained on the website. No action should be taken or omitted in reliance of any information or advice placed on the website. All orders received are accepted strictly on the basis of our terms and conditions of business.
- Café Gitane Paris shall not be liable for any loss or damage arising out of the use of any of the information on this website. Whilst every effort has been made to ensure that this website is virus free, we recommend that you take precautions against infection. Café Gitane Paris cannot accept any liability for damage sustained as a result of the transmission of viruses, worms, trojans or any other malicious content.
- These exclusions of liability shall not apply in respect of death or personal injury caused by the negligence of Café Gitane Paris or any of its staff or agents. These Terms of Use shall be construed in accordance with and governed by English law. If any provision of these Terms of Use shall be deemed unenforceable or invalid, then that provision shall be deemed severable from the remaining terms and those remaining terms shall be valid and enforceable to the fullest extent permitted by law. For the avoidance of doubt, nothing in these terms shall confer on any third party any benefit or the right to enforce any term or terms. Unless a contrary intention is expressed, nothing in this website shall be deemed to create a binding contract between Café Gitane Paris and any users of the website.
- At Café Gitane Paris, we value your privacy and are committed to keeping your data safe. Our privacy policy reflects the new General Data Protection Regulation (GDPR) and is available in our Site under PRIVACY POLICY.
- Any links to external sites are provided for your convenience only. The Café Gitane Paris does not approve of, endorse or otherwise recommend the content of any third-party site and can accept no liability for the availability, suitability or content of such website(s) to which you will be moving.