Date: July 2024
1. General Provisions
1.1. These general terms and conditions of sale (“General Terms”) describe the terms on which Boucheron Joaillerie (USA) Inc. a New York Inc. company with its principal place of business located at 695 Lexington Avenue, 3rd Floor, 10022 New York United States (“BOUCHERON”, “we”, “us”, “our”), sells, and a consumer (“you”) purchases, BOUCHERON products (“Product(s)”) through the website www.boucheron.com/us/ (“Website”).
1.2. Our General Terms will apply to any contract for the sale of Products by BOUCHERON to you through the Website (“Contract”).
1.3. The sale of Products through the Website is only available to consumers, meaning natural persons who act for purposes of personal consumption (i.e., for purposes extraneous to their trade, business, craft and profession and not for profit), who are at least 18 years of age.
1.4. By placing an order for Products from this Website, you affirm that you are of legal age to enter into any Contract, and you accept and are bound by these General Terms and by the Terms of Use. We therefore advise you to read these documents carefully and in particular our General Terms and Terms of Use, before proceeding with any purchase, and save or print a copy for future reference. If you do not agree to our General Terms our Terms of Use and/or our Privacy Policy, you will not be able to order any Products from the Website.
1.5. We reserve the right to amend or update all or part of our General Terms from time to time, and when we do so, we will publish the revised version of our General Terms and indicate the “Last Updated” date at the top of such revised General Terms. The Contract between you and us is governed by our General Terms in force at the time you place an order.
1.6. Our General Terms should be read alongside, and are in addition to, our Privacy Policy which tells you how we use your personal data, and our Cookie Policy.
2. Product Information and Availability
2.1. Information on our Products and relevant prices are available on the Website.
2.2. Pictures of the Products displayed on the Website are for illustrative purposes only. Although we have made every effort to display the Products accurately, we cannot guarantee that a device’s display of our Products accurately reflects them. In particular, the colors, metals, materials of the Products shown on your screen may vary from those on the actual Products. Therefore, you should rely exclusively on the description of the Products and their characteristics as mentioned on the Website.
2.3. The sale of Products through the Website being available to consumers for personal use only, we reserve the right to refuse orders on legitimate grounds, notably when the Products are ordered in abnormal quantities and/or in such quantities that it can be assumed that they may have been purchased for commercial purposes or other unauthorized or illegal activities. These restrictions may include orders placed by, or under, the same account, the same payment method and/or orders that use the same billing and/or shipping address.
2.4. We may change or discontinue a Product, as described on the Website, at any time without notice (this does not affect the Products for which an Order Acceptance, as defined below, has already been issued at the time of the change). We will inform you if your order cannot be processed, in whole or in part, due to the unavailability of one or more ordered Products. If one or more ordered Products are unavailable, your order will be totally or partially cancelled (as the case may be), and you shall pay only the price of the available Product(s).
2.5. In the event your connection to the Website fails, your selection of Products may be lost. In such case you will be required to re-enter your selection. Please note that Products in your shopping bag are not reserved and may be purchased by other customers. In no event we shall be liable to you for the unavailability of a Product following a failure or loss of your connection to the Website.
3. Prices
3.1. Prices of Products are indicated on the Website in U.S. Dollars, excluding taxes which, if any, shall be calculated during your checkout process, depending on the delivery address and as the case may be, added to the price of the Products.
3.2. Shipping fees are complimentary for any order of Product.
3.3. We make all reasonable efforts to ensure that all prices for the Products displayed on the Website are correct. In the unlikely event of a Product being mispriced due to a typographical error, inaccuracy or omission, we reserve the right to correct any such errors, inaccuracies, or omissions and to cancel your impacted order and terminate the Contract.
3.4. Without prejudice to the above, we reserve the right to change the Products prices at any time and without notice, but such changes will not apply to Products for which we have received a purchase order.
4. Placing an order - Formation of the Contract
4.1. When placing an order, you may be required to create an account with us and will be asked to complete certain required fields. By choosing "Create my account", you confirm that you agree to our Privacy Policy.
To purchase Products on the Website you must follow our instructions on how to place an order:
(i) Select the Product you are interested in buying and choose the size, type of metal, color,
(ii) Include the selected Product in the bag by clicking “add to bag”,
(iii) Finalize your purchase(s) and accept our Terms of Use,
(iv) Fill in the order form with your personal information (name, address, email, telephone, shipping/billing address),
(v) Select your payment method,
(vi) Accept our General Terms and Privacy Policy,
(vii) If applicable, confirm that you have read and understood our Privacy Policy as a guest,
(viii) Place your order through the Website by clicking “place order” and/or “pay” and/or “Paypal”.
4.2. Before placing your order, you will be given the opportunity to review your selection, check the total price and correct any errors.
4.3. By placing an order, you agree to pay the price of the ordered Products.
4.4. The information about the Products and their prices that is displayed on the Website does not represent an offer by us but rather an invitation to offer. Any and all orders submitted by you are subject to our acceptance. Once you place your order, we will acknowledge it by email and provide you with an order number (“Order Confirmation”). This Order Confirmation does not, however, mean that your order has been accepted. On legitimate grounds, as per the below, we may choose not to accept your order, in whole or in part if:
(i) we are unable to obtain authorization for your payment; or
(ii) fraudulent, illegal or unauthorized activities, including suspected purchases for commercial purposes, are reported or suspected.
4.5. The Contract between BOUCHERON and you will indeed only be concluded if and when you receive from us, an email notification confirming either that your order has been shipped or indicating that your order is ready for collection in store ("Order Acceptance"). The Order Acceptance shall be sent to the email address provided by you in the order which also contains all information relating to the transaction.
4.6. The Order Acceptance will include in particular, the order number, the tracking number and the shipping address or the pick-up information if applicable and all the information required by applicable law, including without limitation, basic information on the purchased Products, the SKU, price etc. The details of your accepted orders are available under the “My account” section if you have created an account.
4.7. Once you receive the Order Confirmation you can no longer cancel or modify your order without prejudice to your statutory rights according to Sections 8 and 10.
5. Payment
5.1. You must pay the price of the Product (including applicable VAT, sales taxes or other taxes if applicable). You are also responsible for any relevant charges or fees applied by your payment processing partner as a result of the processing of your payment.
5.2. We accept payments made in U.S. Dollars with the payment methods proposed to you before you confirm your order. We may offer methods of payment (such as Paypal or Apple Pay) for which you shall accept payment service provider’s terms and conditions. We accept no liability in respect of your use of the payment method concerned. Such payment method may not be available for all purchases and whether you are eligible to use it as a payment method will be determined by payment service provider on a case by case basis.
5.3. If your payment cannot be processed for any reason, we may cancel your order and our Contract with you will end immediately, without liability to you. We will inform you of this in writing.
5.4. You are responsible for the relevant charges or fees, if any, applied by your card issuer, bank or other payment institution as a result of our processing of your payment.
5.5. For each order, we will issue an electronic invoice for the purchased Products, and you agree to such form of invoicing. The e-invoice will be established based upon the information provided by you at the time of submitting the order.
6. Shipping, Delivery and Collection
6.1. The purchased Products will be delivered exclusively in the United States of America.
6.2. The purchased Products shall be delivered by a courier service selected by us (“Courier”). Products shall be delivered either to the address indicated by you in the order form or as the case may be depending on your zip code, to one of our stores offering a pick-up in store service as selected by you (“Selected Store”). We are not responsible for any delivery problems arising from incomplete or incorrect address details supplied by you. Please note that we will not deliver to PO Boxes, address of freight forwarders, or hotels (we may exceptionally accept to deliver the Product(s) to an hotel but please note that such a delivery is, in any event, subject to our prior and express approval).
6.3. We will take all reasonable steps to deliver the purchased Products or make them available for collection at your Selected Store within the estimated period communicated to you during the checkout process before you place your order, and in no event later than thirty (30) days as of the Order Confirmation, except in case of force majeure or if your purchase relates to a product that we have explained to you will take additional time to deliver.
6.4. We will send you an email to notify you when your order has been shipped as provided in paragraph 4.5 above. If the delivery has not occurred within the estimated period indicated above, you may terminate the Contract and we shall refund you without undue delays, all sums paid under the Contract from the date you terminate the Contract.
6.5. Upon delivery of the Products by the Courier, we recommend that you (or the person designated by you):
(i) verify that the number of packages delivered corresponds to that indicated on the delivery note;
(ii) verify that the packages and their seals are intact, undamaged, not wet or altered in any manner.
Any claim with respect to damage to packages or discrepancies in the number of packages must be notified in compliance with applicable laws.
6.6. You can track the status of your shipment by clicking on the link included in the Order Shipping Confirmation.
6.7. If you have opted to collect the Product at your Selected Store, you will have a limited period of fourteen (14) days as indicated to you by email, to collect it. In order to collect the Product in store you will need to show your Order Confirmation and a personal identity document. If you have designated a person to collect the Products, such person will have to provide a proxy duly signed by you together with a copy of your personal identity document). If you (or a person designated by you to collect the Product) fail to collect the Product within this timeframe, we will be entitled to cancel the Contract and refund the price of the Product to you.
7. Risk and Title
7.1. Title in the Products shall pass to you upon delivery.
7.2. The risk of loss of, damage to, and/or destruction of, the Products shall pass to you when you (or a person designated by you and other than the carrier) take physical possession of the Products at the delivery address given by you or upon the collection of such Products by you, or such person designated by you from your Selected Store.
8. Right of withdrawal
8.1. You have the right to withdraw from the Contract without giving a reason within thirty (30) days from the date on which you (or the person designated by you) take physical possession of the Products or, in case of multiple packages delivered for the same order, the last package delivered.
8.2. To exercise your right of withdrawal, you must inform us (BOUCHERON 695 Lexington Avenue, 3rd Floor, 10022 New York UNITED STATES) of your decision to withdraw from the Contract by an unequivocal statement by:
- e-mail to clientservice.us@boucheron.com
- post to BOUCHERON 695 Lexington Avenue, 3rd Floor, 10022 New York UNITED STATES New York UNITED STATES, or online.
To meet the withdrawal deadline, it is sufficient for you to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired (see Section 8.1).
8.4. If you withdraw from the Contract, we shall refund you all amounts received from you, without undue delay and from the date on which we are informed about your decision to withdraw from this contract. We will refund you using the same payment method that you used when you placed your initial order, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the Products back.
You shall send back the Products without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from the Contract to us. The deadline is met if you send back the Products before the period of 14 days has expired.
9. Returns
9.1. The returns policy below applies to all customers. It does not apply to Products with defects as provided in Section 10. We do not provide exchanges.
9.2. The Product must be returned in a new and unused state, with no alteration (raw material and stones), in perfect condition with the original Boucheron box and delivery package, including original authentication certificate and documents. If there is a security tag on the Product, please ensure that it remains attached so that we can fulfill your request.
All returns will be subject to strict Quality Control (“QC”) by us to ensure that the returned Product satisfies these requirements. If the Product does not meet QC standards, the return will be refused, and the Product will be returned to you. If the returned Product satisfies QC, we will proceed with the applicable refund.
Failure to comply with the requirements above will entitle us to refuse the returned Product and send them back to you, at your own costs.
9.3. If you wish to return a Product, you can initiate the return by filing a return form available on “My Order” within the “My Account” section if you have created a profile.
Alternatively or if you are a guest, the return form is available by visiting the FAQs “My Order” or “Returns” pages.
In the return form, you will be asked to indicate the item condition, the quantity of Products and a reason to return.
In all cases you can contact directly Boucheron client service (hereafter the “Client Services”) either by phone; live chat either through the contact form available on the “Contact us” page.
Notwithstanding the above, for orders valued at more than U.S. Dollars 20k, we invite you to contact directly our Client Services.
9.4 Once your return request has been registered by us, you will automatically receive an email in response.
You will have the possibility to ship the returned Product through our carrier by using the prepaid shipping label attached to the email in response to the return request email or book an appointment by clicking the link placed on the same email, to make a return directly in our U.S. Boucheron stores.
Upon receipt of the returned Product and provided that it has been returned in accordance with the applicable requirements in accordance with paragraph 9.2, we will reimburse you for the actual paid price of the returned Product.
Title and risk to the returned Product will not be taken back or assumed until it physically arrives back at the stock of our U.S. Boucheron store.
10. Lack of Conformity – Defects
10.1. If you find that a Product sold by us on the Website has defects, is not as described or is incomplete, please contact immediately our Client Services by sending an email to clientservice.us@boucheron.com.
10.2. Damage, alteration or modification to the Product caused by you is not a defect or a lack of conformity. For example, without limitations, any damage caused by improper use is not defect or a lack of conformity.
10.3. In the event you request the repair, replacement or return of a Product due to defect or due to the Product not being as described or being incomplete pursuant to this Section 10, we will bear the delivery costs for returning the Product to be repaired, replaced or returned, as well as any costs to deliver back to you the repaired or replaced Product.
11. Liability
11.1. Nothing in our General Terms seeks to exclude or limit our liability for:
- personal injury or death resulting from our negligence;
- fraud or fraudulent misrepresentation;
- breach of any obligations implied by applicable consumer protection laws; or
- any other cause of action which cannot be limited or excluded under applicable law.
11.2. Subject to the above, we will remain liable for damages, caused by our breach, that you suffer in respect of all claims and causes of action, arising under or in connection with our General Terms and each Contract except for any delay or failure to perform any of our obligations under our General Terms if such delay or failure is caused by a force majeure event.
12. Guarantee of Authenticity and Intellectual Property Rights
12.1. We guarantee the authenticity of all Products purchased on our Website. All our Products are delivered with an authenticity certificates.
12.2. Boucheron trademarks, whether figurative or not, service marks, all other marks, brand names, logos used on the Products, together with all photographs, illustrations, images relating to the Products, trade or business names, domain names and URLs are and remain the exclusive property of Boucheron company registered with the Paris Trade and Corporate Register under unique identification number 330 160 367, and are protected by applicable copyright, trademark, or other intellectual property laws around the world. BOUCHERON reserves all such rights.
13. Complimentary services
The following complimentary services will be proposed, free of charge, by Boucheron:
Wrap and Packaging: all orders will be shipped with the Boucheron box wrapped in Boucheron special packaging.
14. Applicable Law and Jurisdiction
Our General Terms and, therefore, the Contracts entered into with you, shall be governed by and will be interpreted in accordance with the laws of the state of New York.
Any disputes arising out of, or relating to, our General Terms and the Contracts shall be submitted to the jurisdiction of the courts where you reside or your domicile is located.
15. Contact us
For further information and assistance with the Website, you may contact us in one of the following manners:
- By sending us a communication to BOUCHERON 695 Lexington Avenue, 3rd Floor, 10022 New York, UNITED STATES
- By sending us an email at clientservice.us@boucheron.com
- By calling us at +1 646 75 18 583
- or via the contact form in the Client Services section of our Website.
