General terms and conditions of sale

Last update: March 2022

1. GENERAL PROVISIONS

The following terms and conditions and any other related rules introduced by Fondation Cartier which are notified to customers in accordance herewith (referred to hereinafter together as the “General Terms & Conditions of Sale”) will apply to all products which you (hereinafter either the “Customer” or “you”) may order from SAS Cartier & Cie, a French société par actions simplifiée registered with the Trade and Companies Register of Paris under number B331 876 284 which has its registered office at 261 boulevard Raspail, 75014 Paris (referred to hereinafter as either “Fondation Cartier” or by the words “we”, “us” or “ours”) on the Website of Fondation Cartier having the domain name www.fondationcartier.com.

These General Terms & Conditions of Sale will apply exclusively to sales completed on the Website. Fondation Cartier may in its sole discretion amend the General Terms & Conditions of Sale at any time. Therefore, we invite you to check them regularly in order to be kept informed of updates. Any new version of these Terms and Conditions of Sale will take effect immediately upon publication and will govern all product orders placed on or after that date.

The General Terms & Conditions of Sale applicable to any order made on the Website will be those in force when you place your order on the Website. By clicking on the “I accept” checkbox or any similar checkbox appearing on the order confirmation page prior to placing your order to Fondation Cartier, you accept these General Terms & Conditions of Sale without reservation. Should you decline to accept these General Terms & Conditions of Sale, you will be unable to order any product from the Website of Fondation Cartier.

Persons wishing to use the Website will also be deemed by the fact of such use to have agreed to be bound by the Terms of use of our Website and by our Privacy Policy, which are included thereto in these General Terms & Conditions of Sale.

2. PURCHASING ELIGIBILITY

Only individuals who (a) have reached the age of legal majority (eighteen in most countries) and (b) have legal capacity to enter into contracts may order products on the Website (please also see the “Payment” and “Shipment” sections below for further details). 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 General Terms & Conditions of Sale. Any order placed in breach of this provision will be deemed null and void.

By placing an order on the Website you represent and warrant that you are a bona fide end-user customer purchasing for your own or another’s personal use. Fondation Cartier may reject your order should it have valid reason to believe that an order has been placed in breach of these General Terms & Conditions of Sale or for any other legitimate reason.

3. PRODUCT AVAILABILITY & QUANTITY

All orders placed on the Website are subject to availability and acceptance of such orders by Fondation Cartier. Products shown on the Website, which cannot be added to the shopping cart, are not available for sale on the Website. Fondation Cartier reserves the right to make any change to product offerings on the Website. Quantity limits may apply to orders for certain items. Fondation Cartier reserves the right to refuse orders exceeding a certain number of authorized items at any time, without notice.

4. REGISTRATION OF A CUSTOMER ACCOUNT, PERSONAL INFORMATION AND GUEST CHECKOUT

To place an order on the Website, you can either register as a customer and create an online customer account or check out as a guest, with it being possible to register a customer account at any time. In order to register as a customer, you must provide valid and up-to-date personal information, including your first name(s) and family name, country of domicile, postal address, phone number, e-mail address and passwords.

In accordance with article L.223-2 of the French Consumer Code, we inform you that you have the right to register on the "Bloctel" list of opposition to telephone canvassing, a practice to which Fondation Cartier does not resort. For more information, we invite you to refer to the Fondation Cartier's Privacy Policy.

When you have created your customer account on the Website, you will receive an e-mail confirming its registration. It will be your responsibility to ensure at all times that your password remains secret and secure and that access to your customer account is secure. Fondation Cartier will not be liable for any fraudulent use of your customer account if accessed by a third party using the log-in name and password for your customer account

We may from time to time modify the information required to place any further orders or to register a customer account. Any such modifications will be published on the Website. Please consult our Privacy Policy and Section 8 of these General Terms & Conditions of Sale, where you will find full details of the uses to which we may put your personal information.

In the event of any change to the information provided by you on the Website, please log into your customer account and update such information directly on the Website. In addition, should Fondation Cartier have any reason to suspect that a third party has misused a Customer’s registration or account password and/or account log-in name, Fondation Cartier will immediately cancel and close down such customer account and will inform you thereof by e-mail or telephone.

5. ORDERS

If you wish to place an order on the Website, your order will be processed as follows: once you have selected a product, please click on “Add to shopping bag” in order to place such product in your shopping bag. You can then decide whether to carry on shopping and add other products to your shopping bag (subject to availability and any limit on the quantity of a product which may be purchased) or you can proceed to payment by clicking on “Shopping bag” and then on “Complete order” or “Checkout”. You may also add or remove one or more products to or from your “Shopping bag”. If the product ordered is a gift, you will have the option of including a personalised message.

6. PRICES, TAXES AND SHIPPING COSTS

Unless provided otherwise, all Prices displayed on the product pages of the Website are in Euros and include VAT but exclude shipping costs and any other taxes payable. Please note that the VAT payable is French VAT, irrespective of where delivery of a product takes place.

Fondation Cartier reserves the right to modify prices at any time and without notice. The product price and shipping costs displayed on the Website when Fondation Cartier issues you with an Order Confirmation will be honoured by Fondation Cartier.

Shipping costs will not be displayed on the product page but will be added to the product price once you select your delivery option.

Shipping costs will be displayed on your order page before you are requested to confirm and submit your order to Fondation Cartier. Shipping costs are explained (where required) in the Shipping Policy referred to below.

Please note that in the event of any change to the rate of VAT payable between the date on which you place your order with Fondation Cartier and the date on which Fondation Cartier is ready to ship your order, we will contact you to request reconfirmation of your order. Should you not provide Fondation Cartier with any instructions in this regard, it will cancel such order and inform you of such cancellation.

7. VERIFICATION AND CONFIRMATION BY THE CUSTOMER

We recommend that you carefully verify all the details of any order prior to confirming it on the Website, including but not limited to the information specific to each sale provided on the Website.

After fully verifying your order, please first of all click on the checkbox appearing to the left of the words “I have read and accept the General Terms & Conditions of Sale”, in order to denote your acceptance of these General Terms & Conditions of Sale, and then please click on the checkbox “Confirm and pay for order” (on the Website) in order to place your order.

By placing an order you are making an offer to Fondation Cartier to purchase the products placed in your “Shopping bag”. Notwithstanding any contrary provision herein, Fondation Cartier reserves the right to reject, cancel or terminate any order at any time should it have a legitimate reason for doing so.

8. PAYMENT

You may pay for your order using a credit card or debit card, as stated on the Website.

When ordering on the Website, you must input your payment details on the appropriate form. Please refer to our Privacy Policy, where you will find detailed information on how and for how long we may use or retain your personal information.

All holders of credit cards/payment cards will be subject to validation checks and card issuer authorisation procedures. If your card issuer refuses to authorise payment to Fondation Cartier, you must contact your issuer directly in order to resolve any issue, and Fondation Cartier will not be liable for any delay to delivery or non-delivery.

In order to process your order, we may seek prior authorisation for your payment card. The amount of your purchase will be blocked on your payment card until the shipment of your order to the delivery address provided to Fondation Cartier; an Order Confirmation will then be sent to you and the relevant purchase price debited from your payment card. By submitting an offer to purchase products from the Website, you expressly authorise Fondation Cartier to seek prior authorisation for your payment card and, should Fondation Cartier deem this necessary, to disclose or obtain information relating to you (including updated information) to or from third parties, including but not limited to the number of your payment card and/or for the purposes of the authentication of your identity, the validation of your payment card, the grant of preliminary authorisation for your payment card and the authorisation of individual purchases.

Please refer to our Privacy Policy, where you will find detailed information on how and for how long we may use or retain your personal information.

In accordance with these Terms and Conditions of Sale, the processing of payments for products purchased on this Website by credit card or payment card will be undertaken by SAS Cartier & Cie, a société en nom collectif registered with the Trade and Companies Register of Paris under number B331 876 284, which has its registered office at 261 boulevard Raspail, 75014 Paris.

Security

Fondation Cartier takes administrative, technical and physical precautions to protect against the loss, theft or fraudulent use of your personal information and against any unauthorised access thereto or unauthorised disclosure, modification or destruction thereof. Fondation Cartier uses the HTTPS and the encryption-based “Secure Sockets Layer” (SSL) security protocols on all its webpages on which personal information is collected.

We will do everything possible to protect your personal information throughout the entire online sale process but we are unable to warrant the integrity and security of any data which you provide on the Website and we will not be liable for any damage or loss resulting from use of the Internet, for example in the event of hacking. In order to obtain all further information on how we use and protect your personal information, please consult our Privacy Policy.

In order to ensure the security of your transactions and to prevent fraud, Fondation Cartier will verify your credit card and carry out an anti-fraud check. By placing your order you will be deemed to have authorised Fondation Cartier to carry out such checks and, should Cartier deem this necessary, from time to time to communicate or obtain personal information provided to it for the purposes of in particular the authentication of your identity, the validation of your payment card, the grant of preliminary authorisation for your payment card and the authorisation of individual purchases.

9. ACKNOWLEDGEMENT OF ORDER

Once you have placed your order on the Website, you will receive by e-mail an “Acknowledgement of Receipt of Order” setting out the details of your order as well as these General Terms & Conditions of Sale. Such e-mail will contain an Order Number allocated by Fondation Cartier. Please read the General Terms & Conditions of Sale carefully on receipt and retain the Order Number to be quoted in the event of any future queries regarding your order.

This email does not constitute an acceptance of your order. Following despatch of the Acknowledgement of Receipt of Order, Fondation Cartier will carry out its standard security checks and then process your order.

10. CONFIRMATION OF ORDER BY FONDATION CARTIER

Upon shipment of the product or products ordered by you, Fondation Cartier will after completing its security checks send you confirmation of shipment by e-mail.

This confirmation of shipment constitutes acceptance of your order by Fondation Cartier and indicates the existence of a binding sales contract.

Fondation Cartier will retain information on all orders in accordance with the requirements imposed by the applicable legislation. Customers may access such documents by logging into the “My account” page of the Website.

11. SHIPPING POLICY

Shipping costs are applied by Fondation Cartier and added to the price of the products ordered. Shipping costs and estimated delivery times will be calculated when you select your delivery method.

When estimating your delivery time, please allow time for credit approval, address verification and order processing. Please note that delivery is always subject to receiving full payment from you.

Once the order is processed and ready for shipment, we will send you confirmation of shipment by e-mail.

We will do everything possible to comply with estimated delivery times with effect from the date of confirmation of your order.

12. INVOICES

When you place an order on the Website, you may in your capacity as Customer view your invoice at any time by signing in using your log-in details to the “My orders” page and by clicking on “Download my invoice”. If your order is placed through a guest account, an invoice can be sent to you as an attachment to the e-mail confirming shipment of the product.

13. CUSTOMER’S RIGHT OF WITHDRAWAL

You have in your capacity as a Customer the right to withdraw from this Contract within 14 days without stating any reason which runs from the date you, or any third party specified by you, acquire the goods of which you take physical possession.

To cancel the contract and return your product(s), you may contact our Customer Relations Center and follow the instructions given to you, or you may send us an unequivocal statement in writing, such as a letter or e-mail to: info.reservation@fondation.cartier.com. You can also cancel and return your order using the Withdrawal form, to be filled in and sent by registered letter with acknowledgement of receipt together with the purchased products. The return costs remain at your charge.

If the return is in accordance with these Terms and Conditions of Sale, you will normally be reimbursed using the same method of payment as that used for the original transaction, within fourteen (14) days from the date of receipt of the withdrawal request. However, we may defer the refund until the day of receipt of the product that is the subject of the return or upon receipt of proof of shipment of the product by you, whichever comes first. The cost of the initial delivery will be refunded, unless you have chosen a method other than standard delivery. In this case, the additional costs (if applicable) will not be refunded.

All returns will be subjected to a rigorous quality control process to ensure that the returned products meet these quality requirements. If the products do not meet the quality control standards, we will refuse the return and the products will be returned to you. If the returned product passes the quality control, we will issue the applicable refund or exchange.

Failure to comply with these Terms of Sale will give us the right to refuse the returned product and return it to you, at your expense.

14. RETURNS PROCESS

Products purchased on the Website may be returned to Société Genilloise d’Entrepôt, ZA La Vénerie Route de Montrésor, 37460 Genillé accompanied by the e-mail confirming shipment of your order.

15. STATUTORY WARRANTIES

As a customer, you may have the same rights under applicable national legislation governing the sale of consumer goods; these rights are not affected by these Terms and Conditions.

16. ACCURACY OF PRICES AND PRODUCT DESCRIPTIONS

We make every effort to ensure that the information, including product descriptions, provided on the Website is accurate and complete. However, we make no warranty, express or implied, as to the accuracy, reliability or completeness of such information.

17. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, we disclaim and exclude all other terms, conditions and warranties relating to the Products, whether express or implied or otherwise, or arising from any course of dealing, usage or trade practice.

Nothing in these Terms and Conditions shall limit or exclude our liability for any liability which cannot be limited or excluded by applicable law. Subject to the preceding sentence, our total liability to you under these Terms and Conditions in respect of 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 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 provide for certain exclusions or limitations of warranties or liabilities, and therefore some of the above exclusions and limitations may not apply.

18. FINAL PROVISIONS

Information and complaints

Should you have any complaint, please contact our Customer Relations Department at SAS Cartier & Cie, 261 boulevard Raspail, 75014 Paris.

Whole agreement

The General Terms & Conditions of Sale, including our Privacy Policy and the General Conditions of Use, constitute the whole agreement between you and Fondation Cartier with regard to your purchase of products on the Website and cancels all previous General Terms & Conditions of Sale.

Severability

Should any provision of these General Terms & Conditions of Sale be deemed partially invalid or inapplicable by a court for any reason whatsoever, such provision will be invalid or inapplicable only to the extent stipulated by such ruling, and the validity and applicability of the other provisions of the General Terms & Conditions of Sale will not be affected thereby.

19. GOVERNING LAW

These General Terms & Conditions of Sale are governed by and will be interpreted in accordance with French law, without reference to any conflict of laws provision and to the exclusion of the Convention on Contracts for the International Sale of Goods (CISG).

20. COMPETENT COURTS

You may bring proceedings against Fondation Cartier before either the French courts or the courts in your country of domicile. Fondation Cartier may also bring an action against you before the courts in your country of domicile.

Without this provision restricting any right to instigate legal proceedings before a court, Fondation Cartier and the Customer will do their utmost for a period of thirty (30) days to settle amicably any dispute or disagreement which may arise from or in connection with the articles or these General Terms & Conditions of Sale or any breach hereof.

If you are a consumer resident in the European Union, you may submit your complaint to an Alternative Dispute Resolution body. For a list of ADR bodies in your country, please consult the Online Dispute Resolution platform of the European Commission at http://ec.europa.eu/consumers/odr.

In accordance with Article L. 612-1 of the French Consumer Code, you may also access free of charge the services of the Association des Médiateurs Européens under whose jurisdiction we fall, either online at https://www.mediationconso-ame..., by filling in the dedicated form and attaching documents substantiating your request or by sending a letter to AME Conso at 11 place Dauphine, 75001 PARIS.