Nos conditions générales de vente
GENERAL TERMS AND CONDITIONS OF SALE
PREAMBLE
These "General Terms and Conditions of Sale" apply exclusively to all legal transactions concerning Products marketed to customers by Baume SAS, particularly via its online store. Baume SAS is a company with a share capital of €208,400, headquartered at 28 rue de Magenta, 86000 Poitiers, and registered with the Poitiers Trade and Companies Register under number 349 653 840.
The customer's acceptance of these general terms and conditions is evidenced by their electronic signature—effected via the "validation click"—and by the provision of their banking details for the purpose of paying for their Order. This electronic signature has the same legal force as a handwritten signature between the parties. This two-step process constitutes an acknowledgment by the customer that they have fully read and unreservedly approve all the terms and conditions herein.
DEFINITIONS
The following words or expressions shall have the meanings set forth below: Online Store: refers to the Baume SAS website where Products are displayed and sold to customers.
Order: refers to the sales contract concluded between Baume SAS and the customer of the Baume SAS Online Store. Product Sheet: refers to the organized information regarding a product provided by Baume SAS when said product is offered for sale on its Online Store.
Products: refers to all goods and services offered for sale by Baume SAS on its Online Store.
Service: refers to the sale of Products by Baume SAS to customers of its Online Store. Transaction: refers to the set of operations, secure processing, authorizations, and agreements inherent to the payment of the price of ordered Products by bank card.
ARTICLE 1 – PURPOSE
The purpose of these General Terms and Conditions of Sale is to define the terms and conditions under which Baume SAS offers and sells its Products to its customers. These general terms and conditions of sale shall prevail over any other terms appearing in any other document, unless a prior, express, and written exception is made.
ARTICLE 2 ACCEPTANCE OF TERMS AND CONDITIONS
The customer acknowledges having read these General Terms and Conditions of Sale at the time of placing an Order and expressly declares their unreserved acceptance of them. These General Terms and Conditions of Sale govern the contractual relationship between Baume SAS and its customer, with both parties accepting them without reservation.
ARTICLE 3 PRODUCTS
The majority of Products offered by Baume SAS to its customers are immediately available. However, not all Products marketed by Baume SAS are necessarily available for online sale. Our Product offers and prices are valid as long as they appear on the site, subject to stock availability and confirmation of the Order by the seller. The customer accepts the jewelry in its condition as of the Order date—which may include vintage jewelry and/or items from past collections—without recourse against the seller regarding age, wear and tear, deterioration, etc.
Regarding watches, as these are vintage or pre-owned timepieces, they are sold "as is" and without warranty. The customer accepts this condition without reservation at the time of purchase. Baume SAS strongly recommends having the featured watches serviced by a specialized watchmaker. Any costs associated with servicing or repair—whether for parts and/or labor—shall under no circumstances be the responsibility of Baume SAS. No claims may be made regarding the operation of the watch or any of its components.
As the products presented are made of precious materials, their use requires certain precautions to maintain their original condition. Therefore, it is recommended to avoid knocking them, exposing them to water, using abrasive or corrosive products for maintenance, spraying perfume on them, using household appliances to clean them, or wearing them while playing sports, at the beach, or during any activity that carries a risk of impact—such as housework, DIY projects, or gardening. Baume SAS advises against using ultrasonic cleaners for the cleaning or maintenance of the products or watches offered. Failure to observe these common-sense guidelines precludes any claim against Baume SAS.
Baume SAS shall under no circumstances be held liable for any damage to the jewelry occurring after the sale.
ARTICLE 4 ORDER
Automatic recording systems are considered proof of the nature, content, and date of the Order. Baume SAS will confirm acceptance of the Order to the customer by sending a confirmation message to the email address provided by the customer. The sale shall be deemed concluded only upon the sending of said confirmation of Orders. Baume SAS reserves the right to refuse or cancel any customer Order, particularly in the event of the customer's insolvency, non-payment for the Order in question or a previous delivery, or a dispute regarding payment for a previous Order. The details provided by the customer when entering their Order information are binding upon them. Baume SAS shall not be held liable for errors made by the customer regarding the recipient's details (specifically delivery and billing addresses) or for any delivery delays or inability to deliver the ordered Products resulting from such errors.
ARTICLE 5 DELIVERY
Baume SAS will systematically confirm the Order to the buyer via email. Following Order confirmation and subject to full payment of the price of the ordered Products, Baume SAS undertakes to ship the ordered Products to the customer at the delivery address—under its own responsibility—within the estimated timeframe indicated on the product page (starting from receipt and clearance of the full Order amount) and within a maximum of 30 business days.
In the event that a piece of jewelry requires customization requested by the Buyer (such as ring resizing, lengthening of a bracelet or necklace, etc.), a customer-requested alteration, engraving, repair, or any other intervention, Baume SAS will provide the buyer with a new delivery timeframe. All Products specified in Orders placed with Baume SAS are intended for the personal use of the customers or the recipients named at the delivery address. Where applicable, the customer agrees to pay, upon receipt, all taxes, duties, customs fees, levies, and other charges—whether current or future—due in connection with the delivery of said Products; Baume SAS shall not be held jointly liable in this regard at any time. Delivery may be carried out using any shipping method selected by SAS Baume or expressly requested by the client, subject to acceptance.
Delivery may be effected as follows:
For orders under €1,000 (incl. tax): via Chronopost, La Poste’s registered Colissimo service, or any other mode of transport or carrier selected by Baume SAS.
For orders over €1,001 (incl. tax): shipment will be made via DHL, La Poste’s "Declared Value" service, or any other mode of transport or carrier selected by Baume SAS.
Regardless of value, and subject to payment of the associated costs, delivery may be made via an express service provided by a carrier selected by Baume SAS.
Collection from our Poitiers gallery: by appointment only (scheduled at least 48 business hours in advance) and subject to the immediate availability of the jewelry in question.
Hand delivery in the client's city.
Subject to acceptance, travel expenses will apply and must be paid prior to the handover of the jewelry. In this case, the delivery timeframe will be determined between Baume SAS and the Buyer. If the Buyer wishes to use a different mode of transport, they must expressly notify Baume SAS when placing the order. The Buyer agrees to pay all costs associated with the requested delivery method. By selecting their own carrier, the Buyer acknowledges awareness of delivery restrictions applicable to the goods being transported and may not, under any circumstances, claim compensation from Baume SAS in the event of loss, theft, or damage of any kind. Delivery shall be deemed to have taken place on the date the products are first presented at the specified delivery address.
Please note that all deliveries are handled by a carrier and require hand delivery against a signature. If, upon delivery, the Buyer decides to redirect the shipment to an address other than the one expressly requested from SAS Baume when the order was placed, or to have it left at a parcel pickup point, the Buyer assumes responsibility for the shipment and may under no circumstances hold SAS Baume liable for any loss, theft, deterioration, or other damage affecting the parcel and its contents.
Any delivery delays attributable to the carrier or to SAS Baume do not entitle the Buyer to claim damages. Upon receipt of the ordered Products, the customer or recipient must verify the good condition of the delivered goods.
In the event that one or more of the ordered Products are missing or damaged upon delivery, the customer or recipient must make an express reservation with the carrier no later than the time of delivery. In the event of apparent defects, the customer has the right to return the goods under the terms set out in the General Terms and Conditions. SAS Baume shall not be held liable for non-performance of the contract in cases of *force majeure* disruption or total or partial strikes—particularly affecting postal services, means of transport, and/or communications—war, riots, floods, fire, natural disasters, accidents, or events beyond control (force majeure) or acts by third parties. When the return of an order shipped outside the national territory results from a failure on the part of the Customer—such as failure to communicate with the carrier, failure to collect the goods, refusal to pay customs duties and taxes, or any other action or omission preventing delivery—Baume SAS reserves the right to deduct a flat fee of €300 (incl. tax) from the refund to cover administrative, handling, and storage costs incurred. Shipping costs, return costs, and any other expenses borne by Baume SAS due to such a return shall also be charged to the Customer and deducted from the refunded amount.
ARTICLE 6 WITHDRAWAL
Customers requesting delivery to Metropolitan France or Europe have a period of 14 days, starting from the first delivery attempt of the parcel containing the ordered Products, to return them to Baume SAS for an exchange or refund.
In such cases, the Customer must return the Product(s) intact, accompanied by any accessories, certificates of authenticity, invoices, complete packaging, and documentation. Each Baume piece of jewelry is delivered sealed with an authenticity seal. This seal must not be removed if the buyer wishes to return the item. If the authenticity seal has been removed, the item will be considered worn, and no return will be possible.
To return a piece of jewelry, the Customer must follow these 3 steps:
1/ Contact Baume SAS via our Contact form to schedule the return of the parcel. 2/ Prepare the return package by placing the jewelry, its box(es) and case(s), the invoice, and the certificate(s) of authenticity inside the original packaging. For security reasons, the website name must not appear on the package under any circumstances. Baume SAS will provide the return shipping details.
3/ We recommend shipping the package via La Poste using the "Declared Value" service for the exact amount (including tax) of the jewelry. If another shipping method or carrier is used and a theft or accident occurs, the customer will be held liable, and no refund will be issued. The customer must contact Baume SAS prior to shipping to arrange the jewelry return process.
Upon receipt, the authorized jewelry expert will confirm that the product—specifically its general condition, setting, stone(s), weight, dimensions, etc.—perfectly matches the item originally sent, with no alterations, damage, or interventions of any kind. We will also verify that the authenticity seal is present on the item and has not been removed. If the seal has been removed or tampered with, no refund will be possible. If the right of withdrawal is exercised and following verification by the expert, Baume SAS agrees to refund the amounts paid by the customer, excluding return shipping costs, customs duties, and any applicable taxes or other charges, which remain the customer's responsibility.
Refunds will be issued within a maximum of 14 business days. Please note that, in accordance with Article L. 121-21-8 of the Consumer Code, the right of withdrawal does not apply to contracts for the supply of goods made to the consumer's specifications or clearly personalized. Requests for resizing outside the sizes specified on the www.bijouxbaume.com website, as well as requests for custom jewelry creation, personalization, or significant alterations expressly requested by the Buyer, are not eligible for this right of withdrawal. Returns are not accepted for products that have been engraved, personalized, or altered at the customer's request. In certain cases, and subject to prior agreement between Baume SAS and the Buyer, a return may be accepted. A minimum flat fee of €300 will be charged to restore the jewelry to its original condition (removal of engraving, personalization, or requested alteration). To prevent abuse, only one return per customer may be accepted.
ARTICLE 7 PRICES
Prices are quoted in euros. The purchase price of the item is the price listed on the website at the moment the Buyer clicks the "Buy" or "Add to Cart" button. The price shown on the product pages includes shipping costs for mainland France only. The price stated in the Order confirmation is the final price, inclusive of all taxes and VAT. This price covers the cost of the Products, handling, packaging, and storage costs, and shipping costs.
The initial ring sizing service is provided free of charge at the time of ordering, within the limits of the indicated sizes. If the Buyer requests a specific size, feasibility will be assessed, and a customization fee may be agreed upon between the Buyer and Baume SAS. Upon receipt of the ring, if the ordered size does not fit, the cost of resizing and any associated shipping fees will be borne by the Buyer.
For orders destined for countries outside Metropolitan France, any applicable customs duties or local taxes are the responsibility of the recipient. The Buyer must contact Baume SAS in advance to determine the shipping and handling fees to be added to the jewelry's selling price. All orders, regardless of the country of origin, must be paid for in Euros.
ARTICLE 8 PAYMENT
The price billed to the customer is the price stated in the order confirmation sent by Baume SAS. Payment for the Products must be made using one of the payment methods offered on the site on the day the order is placed. For payments made via bank transfer or bank check, payment must be received within a maximum of 7 days from the order date. After this period, the order will be cancelled, and the piece of jewelry will be put back on sale. We reserve the right to refuse payment by check if it is not accompanied by the required supporting documents—specifically, a copy of both sides of an ID card and proof of address dated within the last three months—and if prior telephone contact has not been made before the order is placed.
Please note that check processing times vary, and the shipping timeframe will inevitably be extended. Please contact us for further information. PAYMENT IN INSTALLMENTS WITH ALMA
Credit is granted by Alma (share capital: €316,226.83; Nanterre Trade and Companies Register No. 839 100 757; ACPR-authorized under No. 90789 – Contact: support@getalma.eu). Baume SAS acts as a credit introducer in accordance with the provisions of Article R.519-2, 1° of the Monetary and Financial Code. Baume SAS distributes advertisements provided by Alma regarding the granting of credit by Alma.
• Part of the amount is paid via credit granted by Alma SAS, a payment institution and financing company authorized by the ACPR under No. 17408 (CIB code).
• In accordance with Article L.312-50 of the Consumer Code, for payments made in installments (including the payment of a deposit), the buyer is provided with a receipt—on paper or any other durable medium—containing the full text of the provisions set out below (Articles L. 312-52, L. 312-53, and L. 341-10 of the Consumer Code):
• Article L312-52: The sales or service provision contract shall be automatically cancelled, without compensation:
1° If the lender fails to inform the seller that the credit has been granted within seven days of the borrower's acceptance of the credit agreement;
2° Or if the borrower exercises their right of withdrawal within the timeframe stipulated in Article L. 312-19. However, where the borrower expressly requests the immediate delivery or provision of the goods or services, the exercise of the right of withdrawal regarding the credit agreement results in the automatic cancellation of the sales or service contract only if it occurs within three days of the borrower's acceptance of the credit agreement. The contract is not cancelled if, prior to the expiry of the time limits mentioned in this article, the purchaser pays in full.
• Article L312-53: In the event of cancellation of the sales or service contract as provided for in Article L. 312-52, the seller or service provider shall, upon simple request, refund any sum paid in advance by the purchaser towards the price.
• Article L341-10: In the event of cancellation of the sales or service contract as provided for in Article L. 312-53, starting from the eighth day following the request for a refund of any sum paid in advance by the purchaser, said sum shall automatically bear interest at the statutory interest rate plus fifty percent.
Payment in multiple monthly installments by bank card is a payment option that allows you to spread the payment for your order over several installments debited from the account linked to your bank card.
Example of payment in 3 interest-free installments: for a purchase of €600, you pay 3 installments of €200. Financing amount: €600. Fees payable by you: €0. Total amount due: €600. Maximum financing duration: 3 months.
General terms and conditions for installment payments for the Customer
DEFINITIONS
Words beginning with a capital letter in the general terms and conditions and the specific terms and conditions have the following definitions:
Seller: Any legal entity selling goods or services.
Service Provider: Alma SAS, with a share capital of €1,585.71, having its registered office at 176 Avenue Charles de Gaulle, 92200 Neuilly-sur-Seine, registered with the Nanterre Trade and Companies Register under number 839 100 575.
Customer: an individual of legal age or a legal entity paying for purchases from the Seller via the Service Provider’s payment service.
PURPOSE
"Payment in installments" is a payment facility granted by the Seller to the Customer, allowing the order payment to be spread over several installments (2, 3, or 4 installments, depending on the Seller's choice). This payment facility does not fall within the scope of consumer credit regulations (see Art. L311-3 of the Consumer Code). The Service Provider provides technical support to the Seller and the Customer for the implementation and management of this payment facility.
CONDITIONS
Access to the payment facility is reserved for private individuals (individuals of legal age) and professionals (legal entities) residing in Metropolitan France. These persons must hold a Visa, Mastercard, or "Carte Bancaire" bank card issued in France. This card must be valid for at least one month after the date of the final installment of the payment facility. Cards requiring systematic authorization, credit cards, prepaid cards, virtual cards, and foreign cards are not accepted. The Customer agrees to allow the Service Provider to debit the amounts due from their bank account on the dates specified in the specific terms and conditions. The Customer consents to the assignment of the Seller's receivable against them to a third party.
EFFECTIVE DATE
The Customer formalizes their request for access to the payment facility by clicking the "Pay in installments" button on the Service Provider’s interface. The Seller confirms agreement to this payment facility via the "Payment accepted" message on the Service Provider’s interface. The Customer’s order is then validated, and the payment facility takes effect immediately.
WITHDRAWAL
Individual Customers have a period of fourteen calendar days from receipt of their order to exercise their right of withdrawal. During this fourteen-day period, they may: Cancel the purchase (in which case the payment facility will be cancelled, and all sums already paid by the Customer to the Seller will be refunded); or Opt out of the payment facility granted by the Seller and choose to pay in full, by contacting the Service Provider directly at paiement@getalma.eu. In the event of withdrawal, any fees paid by the Customer will be refunded (excluding order return costs). Provided they meet the conditions for withdrawal set out in Article L121-16-1 of the Commercial Code, business Customers also benefit from a right of withdrawal for a period of fourteen calendar days, under the same terms as individual Customers.
CANCELLATION If all or part of the order is cancelled in accordance with the Seller’s general terms and conditions, the payment facility amount will be adjusted accordingly to align with the new amount due. Where applicable (e.g., in the event of total order cancellation), the Seller will refund any overpayment to the Customer.
TERMINATION In the event of non-payment by the Customer of any amount due by the due date, the Seller may terminate the payment facility offer and demand immediate payment of the entire outstanding balance. Similarly, the Seller may terminate the offer in the event of a false declaration by the Customer (regarding personal information or banking details). Immediate payment of the entire outstanding balance may then be demanded. COMMUNICATIONS
To facilitate and streamline interactions, the Seller delegates the entire management of the payment facility (verification, approval, direct debits, refunds, debt recovery) to the Service Provider. The latter utilizes digital communication channels. However, the Customer may receive these General Terms and Conditions and Specific Terms and Conditions in paper format upon request to the Service Provider.
PROOF
The Seller, the Customer, and the Service Provider agree that data, files, records, or any transactions received or stored on the Seller’s or Service Provider’s computer systems—as well as any exchanges between the Customer and the Seller or Service Provider conducted electronically or via other digital means—constitute proof of the granted payment facility. The Customer acknowledges that checking the box next to the acceptance form, combined with clicking the "Pay in installments" button, constitutes a full and binding commitment on their part.
LATE PAYMENT PENALTIES
In the event of a confirmed late payment by the Customer—defined as a delay of more than 15 days beyond a scheduled due date—the Service Provider reserves the right to apply late payment penalties not exceeding 8% of the outstanding amounts. If the Client is a business, the minimum penalty amount is €40 (a fixed indemnity to cover debt recovery costs). Please note: Alma will make every effort to resolve payment defaults amicably without applying these penalties, provided the Client cooperates fully in the process of resolving the outstanding payment.
INFORMATION, COMPLAINTS
For any questions regarding these terms and conditions, or in the event of a complaint, the Client may contact the Service Provider at the address paiement@getalma.eu. The Service Provider undertakes to provide a response within 48 hours.
ARTICLE 9 APPLICABLE LAW
These General Terms and Conditions of Sale are governed by French law.
ARTICLE 10 LIABILITY
The photographs and texts reproducing and illustrating the Products presented are not contractual. Consequently, Baume SAS cannot be held liable for any errors in any of these photographs or texts. Baume SAS cannot be held liable for damages of any kind—whether material, immaterial, or bodily—resulting from the improper handling or misuse of the Products sold. In any event, the liability of Baume SAS shall be limited to the amount of the Order and cannot be invoked for minor errors or omissions that may have persisted despite all precautions taken in the presentation of the Products. In the event of difficulties regarding the application of these General Terms and Conditions of Sale, the Client and Baume SAS reserve the right to seek an amicable solution prior to any legal action. Failing this, for business clients, the Commercial Court of Poitiers shall have exclusive jurisdiction, regardless of the place of delivery or the accepted method of payment. For non-business clients, exclusive jurisdiction is assigned to the courts within the jurisdiction of the *Tribunal de Grande Instance* (Regional Court) of Poitiers. The Products offered comply with current French legislation and standards applicable in France. Baume SAS shall not be held liable in the event of delivery abroad for non-compliance with the laws of the country where the product is delivered. It is the customer's responsibility to check with local authorities regarding the import or use of the Products. In any event, Baume SAS cannot be held liable for non-compliance with regulatory and legislative provisions in force in the country of receipt. Baume SAS's liability is, in principle, limited to the value of the Product in question, as determined at the time of its sale. Customers may contact customer service by telephone or by email at: contact@bijouxbaume.com. The maximum response time is 72 hours (business days), barring cases of force majeure.
ARTICLE 11: LEGAL INFORMATION
Providing the personal information collected for the purpose of distance selling is mandatory, as this information is essential for processing and delivering Orders and for issuing invoices and warranty contracts. Failure to provide this information will result in the Order not being validated. In accordance with the "Data Protection Act" (Loi Informatique et Libertés), the processing of personal information relating to customers has been declared to the CNIL (French Data Protection Authority). Customers have the right (under Article 34 of the Act of January 6, 1978) to access, modify, rectify, and delete data concerning them; this right may be exercised by contacting Web Et Solutions at 705 Avenue Isaac Newton, 76800 Saint-Étienne-du-Rouvray. Furthermore, Baume SAS undertakes not to disclose customer contact details to third parties, whether free of charge or in exchange for payment. ARTICLE 12 CERTIFICATE OF AUTHENTICITY
The certificate of authenticity accompanying each piece of jewelry purchased on the website www.bijouxbaume.com is issued by Baume SAS and endorsed by Baume SAS’s accredited jewelry experts and gemologists. Regarding antique jewelry, prices may be adjusted over time based on market valuations, fluctuations in raw material costs, and the increasing rarity of certain models.
Given current scientific analysis techniques, the gemstones set in the jewelry have been examined using standard professional gemological equipment. Authenticated colored stones may have undergone common treatments—such as heating and/or fracture filling—at the time of extraction and/or cutting in their country of origin.
At the buyer's request, the expert may seek assistance from a laboratory to confirm or verify their assessment. This procedure entails a cost to be borne by the requesting party.
The designation of the stones is determined according to the standards set out in Decree 2002-65 of January 14, 2002, regarding the trade in gemstones and pearls. The weight of stones set in jewelry and all stated characteristics are approximate, as the stones have not been removed for precise weighing and examination. Weights are determined based on calculations using a "Leveridge" gauge, and characteristics are provided subject to verification. The certificate of authenticity reflects the expert's findings at the time it was drafted.
A stone may be altered, damaged, or replaced at any time. Consequently, Baume SAS reserves the right to verify the conformity of the sold jewelry item with the accompanying certificate.
ARTICLE 13 WARRANTIES
For any jewelry order placed on our site, the statutory warranties regarding hidden defects and conformity, as established by the Consumer Code and the Civil Code, apply: The statutory warranty of conformity (Articles L.217-4 to L.217-14 of the Consumer Code): the professional seller must deliver goods that conform to the contract. Any lack of conformity in a new piece of jewelry appearing within 24 months of delivery is presumed to have existed at the time of delivery, unless proven otherwise. For antique or pre-owned jewelry, this period is set at 6 months. The statutory warranty against hidden defects (Articles 1641 to 1649 of the Civil Code): the seller is liable for hidden defects in the sold jewelry that render it unfit for use or significantly impair its utility. This warranty covers the purchase of both new and pre-owned products for a period of 2 years.
ARTICLE 14 INTELLECTUAL PROPERTY
The site is the sole property of Baume SAS, as are all related rights. All texts, works, illustrations, and images reproduced on www.bijouxbaume.com are protected by copyright and intellectual property laws worldwide. Accordingly, and in compliance with the provisions of the Intellectual Property Code, use is permitted solely for private purposes, subject to any differing or more restrictive provisions within the Intellectual Property Code. Any reproduction of the site, in whole or in part, is strictly subject to authorization from Baume SAS.
ARTICLE 15 MEDIATION
In accordance with Article L. 612-1 of the Consumer Code, the *Fédération du Commerce et de la Distribution* (FCD) enables any consumer to seek recourse through a mediator in the event of a dispute with a professional. Contact details are as follows: FEDERATION DES ENTREPRISES DU COMMERCE ET DE LA DISTRIBUTION, 12 RUE EULER, 75008 PARIS - Tel.: 01 44 43 99 00 - Fax: 01 47 20 53 53. ARTICLE 16 AMENDMENT OF GENERAL TERMS AND CONDITIONS OF SALE Baume SAS reserves the right to modify the General Terms and Conditions of Sale without prior notice. Should any term of the General Terms and Conditions of Sale be deemed illegal or unenforceable, the remaining provisions shall remain in full force and effect.
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