TERMS AND CONDITIONS
TERMS AND CONDITIONS OF ONLINE SALES OF AKILLIS
Updated on 03/01/2021
Article 1: Identification of the seller
Akillis Saint-Honoré II (hereinafter “Akillis”), a simplified joint stock company with a capital of €172,000, whose registered office is at 100 rue d’Estreux 59264 Onnaing, registered with the Valenciennes Companies Register under number 480 205 400, VAT no.: FR51480205400.
Any natural person over the age of majority, not a commercial dealer, with the legal capacity to enter into a contract, exclusively domiciled in the countries where www.akillis.com makes deliveries, (hereinafter “the Buyer”) purchasing a Product on the Website.
For the purposes hereof, it is agreed that the Buyer and Akillis shall be collectively referred to as the “Parties” and individually as the “Party”.
These terms and conditions govern without restriction the sales of Products made by Akillis from the Website. Akillis reserves the right to modify these Terms and Conditions of Sale at any time by publishing a new version on the Website. The applicable Terms and Conditions of Sale are those in force on the Website on the date on which the Buyer places the order; it being specified that any order for a Product offered on the Website implies the Buyer's full and complete compliance with the Terms and Conditions of Sale in force at the time the order is placed.
Article 2: Purpose
The purpose of these Terms and Conditions of Sale is to define the conditions under which the Products are sold by Akillis. In this way, they regulate various stages from the sale to the placing of the order by the Customer.
Article 3: Identification of the buyer
Only natural persons who meet the conditions listed below may place orders (hereinafter the “Order”) for products through the Website: persons who have reached the age of legal majority required to enter into contracts (eighteen years old in most countries), have the legal capacity to enter into contracts, use a shipping address in the country(ies) where deliveries are made (stated in these terms and conditions).
If the Buyer has not reached the age of legal majority or if for any other reason they do not have the legal capacity to enter into contracts, one of their parents or their guardian will have to place the order on their behalf; the latter will be requested to accept these Terms and Conditions of Sale. By placing an order through the Website, the Buyer represents and warrants that they are a bona fide customer and end user making a purchase for their own use or for the personal use of a third party, and that they will not sell or distribute our products in any other manner, or purchase our products or services for commercial purposes
Article 4: Availability and description of items
The items offered for sale are those appearing on the Website, on the day the Buyer visits the Website, and within the limit of available stocks. Akillis reserves the right to withdraw items from the sale at any time
All orders placed through the Website are subject to availability and acceptance of such orders by the Seller. Only items with an “Add to cart” button can be sold through the Website. The products on the Website, which cannot be added to the cart, are not available for sale via the Website. Our Customer Service can provide more information about these products, as well as answer any other questions or requests for assistance. The Buyer can contact our Customer Service using the details in the “Contact us” section of the Website.
Akillis may modify at any time the range of items offered for sale on its Website, depending in particular on the constraints linked to its suppliers, without prejudice to Orders placed by the Buyer. Quantity limits may apply to orders for certain products. Akillis reserves the right to refuse at any time, without notice, orders exceeding a certain number of authorised products.
Akillis shall make every effort to ensure that the information provided on the items offered for sale is accurate and exhaustive. Nevertheless, please note that product descriptions and characteristics (especially information regarding the weight of the precious materials and the number of stones and carats) are indicative and may vary slightly. This information refers to metric sizes 52 or 62 for rings and metric sizes 17 or 19 for bracelets.
Despite all the care taken by Akillis in presenting its items on the Website, it gives no explicit or implicit guarantee as to the accuracy, reliability and exhaustiveness of this information and cannot guarantee that the appearance of the actual products corresponds exactly to their appearance on the screen.
For any question relating to the items and their use, any additional question or request for assistance, the Buyer may contact the Akillis team of advisers by contacting the customer service using the details under “Contact us” on the Website.
Article 5: Services
All Akillis parts are supplied with special Akillis packaging, consisting (depending on the size of the purchased product) of either a branded shopping bag or a box.
Article 6: Order process
In order to carry out the order, the Buyer must accept these Terms and Conditions of Sale, the “Privacy” Policy and the “Cookies” Policy, without prejudice to the special contractual terms concluded between the Parties. Orders may be placed online on the Website. The Buyer is responsible for the telecommunication costs incurred when accessing the Internet and using the Online store.
In the event of prolonged inactivity when logged on to the website, the selection of items chosen before this inactivity may no longer be guaranteed. The Buyer will be requested to reselect the items from the start. To place an order, the Buyer must add the item of their choice to the cart, by clicking on the “Add to cart” button on the product sheet. For rings and bracelets, the Buyer must select the desired size before clicking on “Add to cart”. This cart does not in itself constitute an order likely to bind Akillis.
Once all the items that the Buyer wishes to purchase have been added to the cart, the Buyer must confirm the contents of the cart and place the order. Pages summarise the details of the selected items, their prices, the delivery conditions and the method of payment selected by the Buyer.
The Buyer may hold a customer account and for this purpose must accurately fill in their identity, contact details, as well as a valid e-mail address and password. Once the Buyer has created their account on the Website, they will receive an email allowing them to access their account on the Website and to create a permanent login ID for their account and a password.
Akillis may from time to time modify the information required to place a new order or to create accounts. These modifications will be published on the Website.
In case of modification of the information communicated by the Buyer on the Website, the Buyer will have to login to their account and update it directly on the Website. In addition, if Akillis has reason to suspect that a third party has stolen a Buyer's registration, password and/or account login, Akillis will immediately cancel and terminate that account and notify the Buyer of the termination by email or telephone.
The Buyer may check the details of their order, its total price and make any corrections before validating the order. Any Order entails the obligation to pay. To validate an Order, click on the “Proceed to payment” button. As soon as the Buyer has validated their Order, Akillis will confirm its receipt by email.
Once the Buyer has placed their order, an Order Acknowledgement is sent to them by email, containing the order details and an order reference number. The order reference number must be carefully kept by the Buyer, as it will be requested for any subsequent enquiry or search for information concerning the order. If the Order Acknowledgement is not received, the Buyer must check their Spam folder. The Order Acknowledgements are sent to the email address provided by the Buyer. Akillis shall not be held liable if an incorrect email address is entered, or if the shipping confirmation email has not been received. In this case, the sale will be considered final, except in the case of cancellation of the Order by Akillis, in particular for unavailability of items, non-payment or suspicion of fraud. The Buyer may nevertheless exercise their right of withdrawal under the terms set out in Article 10 of the Terms and Conditions of Sale.
Upon receipt of the Order Acknowledgement, it is the responsibility of the Buyer to ensure that it accurately reflects their order details. If you have any questions or doubts, please contact the Customer Service immediately by email: email@example.com or by phone: +33 (0) 1 40 13 64 04.
The Order Acknowledgment does not constitute acceptance of the order. To confirm the order, Akillis carries out the usual legal, credit, anti-fraud and security checks and related checks and, if they are satisfactory, the order will be processed.
This Confirmation constitutes acceptance of the Buyer's Order by Akillis, thus indicating the existence of a binding contract of sale.
In the event of the total or partial unavailability of the items after the Order has been placed, the Buyer will be informed by email as soon as possible of the unavailability of the item and the total or partial cancellation of their Order. In the event of total cancellation of the Order, Akillis Customer Service will contact the Buyer to inform them about the cancellation of their Order and to proceed with the refund, which will take place as soon as possible and within 30 days at the latest.
In the event of partial cancellation of the Order:
- The Order will be validated and the bank account will be debited for the entire Order
- The available items will be delivered to the Buyer. The Akillis Customer Service will contact the customer to inform them about the unavailable items and will proceed with the refund as soon as possible, and at the latest within 30 days following the dispatch of the available items.
Purchases made on the Website are reserved for a clientele of non-professional individuals for their own use (or as gifts within the family circle), which is why Akillis only sells its items in quantities corresponding to the usual average needs of a household. In accordance with Article L121-11 of the Consumer Code, Akillis reserves the right to refuse an order or to cancel it for legitimate reasons if the number of items or the amount to be paid (for a single or several cumulative Orders) does not correspond to the usual average use of a household, any Order that would suggest that an economic activity is carried out by the Buyer in connection with the items ordered or more generally, any abnormal Order within the meaning of the applicable case law on the subject.
Finally, Akillis reserves the right to suspend or cancel any execution of an Order and/or delivery, regardless of its nature and level of execution, in the event of non-payment or partial payment of any sum due by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Website, including in relation to previous Orders.
Article 6: Prices, taxes and charges
All prices indicated on the product pages of the Website include VAT, but exclude delivery charges and all other taxes.
The delivery charges are calculated on a flat-rate basis.
Delivery charges will also be indicated before validation of the Order by the Buyer. The delivery methods are provided for in the Terms and Conditions of Sale and are specified on the Website. Delivery charges are not indicated on the product pages but will be added to the price of the product after choosing the delivery method. A summary of these costs will be provided to the Buyer before confirming their order. These charges will also appear in confirmation emails, once the delivery options are selected.
The selling prices of the articles online on the Site are those in force at the time of the placing of the Order by the Purchaser. Akillis reserves the right to modify the prices and delivery costs at any time without notice.
Akillis makes every effort to ensure that the prices of the items and the delivery charges communicated to you are correct. However, despite our reasonable efforts, it is always possible that the price of certain items or delivery charges may not be accurate. If the price of any of the products you order or the delivery charges are incorrect, we will contact you as soon as possible to inform you about this error. If we are unable to contact you using the contact details you provided during the ordering process, we will cancel the order and will not notify you in writing. If we accept your order inadvertently and process it while there is an error in the quoted prices or delivery charges, we can cancel the order and refund the sums paid by you.
Changes to the law in force between the date of placement of the order by the Buyer and the date of receipt of a confirmation and dispatch may alter the taxes related to the order. If the resulting change results in an increase in taxes that are charged to the Buyer, Akillis undertakes to contact the Buyer and ask their to reconfirm the order.
Sales taxes or usage fees will vary according to the place of delivery of the products.
The price of the items, indicated in Euros, is inclusive of all taxes.
All the Orders must be paid for immediately at the time of placing the order.
TThe Buyer will receive, at the time of the Order Confirmation, for each of the items, written confirmation of the price paid detailing the price of the items and the delivery charges, if applicable, charged to them.
Article 7: Payment
Akillis accepts the following means of payment for the Buyer's orders:
- debit/credit card (“CB” cards, Visa, Eurocard/Mastercard, American Express are accepted)
In case of payment by the Buyer's debit/credit card, the latter shall be debited for all Orders as soon as the Order is validated.
When placing the order on the Website, an appropriate form with payment details must be filled in by the Buyer. The Buyer guarantees to Akillis, when placing an Order online, that they are the holder of the debit/credit card and that the name appearing on the debit/credit card to be debited is their own and then communicates either by telephone or in a secure environment on the Internet, the number and expiry date appearing on the front of their debit/credit card as well as the CVV numbers appearing on the back (or front) of their debit/credit bank card. All payment cardholders are subject to a validation check and authorisation procedure by the card issuer. If the issuer of your payment card refuses to authorise the payment in favour of Akillis, the Buyer must contact it directly to resolve the problem.
Other means of payment may also be subject to validation checks and an authorisation procedure from payment system providers. The Buyer authorises Akillis to carry out security checks if we deem it necessary, to transmit or occasionally obtain information (including updated information) concerning the Buyer to or from third parties, including but not limited to their payment card details, in order to authenticate their identity, validate their payment card, obtain initial payment card authorisation and authorise individual purchase transactions. In order to process the Buyer's Order, Akillis may proceed with the prior authorisation of their payment card.
Article 8: Shipping and delivery policy
Akillis exclusively accepts orders that can be delivered to the following countries / regions: Mainland France, Åland Islands, Albania, Andorra, Armenia, Austria, Belarus, Belgium, Bosnia-Herzegovina, Bouvet Island, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Faroe Islands, Finland, Georgia, Germany, Gibraltar, Greece, Greenland, Guadeloupe, Guernsey, Vatican City State, Hungary, Iceland, Ireland, Isle of Man, Italy, Jersey, Kosovo, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Mayotte, Moldova, Monaco, Montenegro, Netherlands, North Macedonia, Norway, Poland, Portugal, Reunion, Romania, San Marino, Serbia, Slovakia, Slovenia, Spain, Svalbard and Jan Mayen, Sweden, Ukraine, Switzerland.
Items ordered by the Buyer in accordance with these Terms and Conditions of Sale will be delivered to the address given by the Buyer in the delivery address section of the Order concerned (hereinafter the “Delivery address”). If the order includes several products, it will only be shipped once all the products are available (there will be no partial delivery, unless there is an exception , which will have been specified to the Buyer).
Delivery means the transfer of physical possession of the items to the Buyer.
Information concerning delivery methods is also accessible from the validation page of the cart, as well as on the Order summary page, before payment of the Order. The Delivery Charges are to be added to the total price of the Order and will be communicated to the Buyer prior to the validation stage of their Order. No delivery will be made by Akillis if full receipt of the price is not possible. The items will be delivered after the payment of the Order amount has been recorded.
The items can only be delivered at the Buyer's permanent residence or at their professional address. The Buyer also has the option of having the items delivered to an individual of their choice.
Reasonable efforts will be made by Akillis to ensure that delivery is made by the carrier within the estimated delivery time from the date of our Order and Shipping Confirmation and, if not indicated, in all cases within thirty (30) days of that date, unless the purchase relates to a product or service that will require additional time for delivery, for example in the case of products or services requiring customisation or manufactured according to the Buyer's instructions.
Any delay in delivery will entitle the Buyer to cancel their Order under the terms of Article L.216-2 of the Consumer Code, cited below:
If the commercial dealer has failed to fulfil their obligation to deliver the goods or provide the service on the date or on the expiry of the period provided for in the first paragraph of Article L. 216-1 or, failing that, no later than 30 days after the conclusion of the contract, the consumer may terminate the contract, by registered letter with acknowledgement of receipt or in writing on another durable medium, if, after having instructed the commercial dealer in the same way to make the delivery or provide the service within a reasonable additional period, the commercial dealer has failed to do so within that period. The contract shall be deemed to have been terminated upon receipt by the commercial dealer of the letter or written document informing it about this termination, unless the commercial dealer has fulfilled its obligation in the meantime. The consumer may immediately terminate the contract when the commercial dealer refuses to deliver the goods or provide the service or when it fails to fulfil its obligation to deliver the goods or provide the service on the date or on expiry of the period provided for in the first paragraph of Article L. 216-1 and when that date or period constitutes an essential condition of the contract for the consumer. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request from the consumer before concluding the contract. In the event of termination of the contract, Akillis is required to refund the total amount paid to the consumer, at the latest within 30 days of the date on which the contract was terminated.
Delivery of the Order is always subject to receipt of full payment from the Buyer.
A handwritten or electronic signature will be required from the Buyer, or from any person at the delivery address indicated (unless other arrangements are made by the Buyer), to confirm delivery of each product, after which the risk and responsibility for the ordered products will be transferred to the Buyer.
If the Buyer has indicated a recipient other than themselves to accept the delivery (for example if it is a gift), they understand and accept that a signature of the said recipient (or of a person at the delivery address) constitutes proof of delivery and acknowledgement of the contract of sale by Akillis, implying a transfer of responsibility to the recipient's address, as if the product had been delivered to them. For certain categories of products, we reserve the right to deliver the products only to the person who is the intended recipient of the order, and to request an identity check for verification purposes at the time of delivery.
The items ordered by the Buyer are delivered by Akillis’ carrier to the delivery address provided by the Buyer at the time of the Order, with tracked delivery. Each Order is assigned a tracking number. The Buyer may login to their account on www.akillis.com for a link allowing them to track the status of the delivery of their parcel via the carrier's website.
Delivery by carrier:
Standard delivery takes place within an estimated period of between 5 and 8 working days which may be modified depending on the service chosen.
The applicable delivery charges are those mentioned on the Website at the time of the Order and selected by the Buyer.
In Mainland France:
- The standard delivery costs will not be invoiced to the Buyer.
- The Buyer will be charged 15.00 euros for express delivery costs.
For other countries / regions where the items are delivered:
- The Buyer will be charged 30.00 euros for standard delivery costs. Standard delivery costs will be offered if the order amount including tax is greater than or equal to 1,500.00 euros.
- The Buyer will be charged 40.00 euros for express delivery costs.
Delays may nevertheless occur for any of the following reasons beyond our control:
- Engraving on any of the products
- Unforeseen circumstances
- Delivery area
- Traffic or damage
Where applicable, if the date and/or the delivery slot chosen by the Buyer are not complied with for any reason whatsoever, Akillis will inform and propose to the Buyer either to continue the purchase process with a new delivery date, or a new delivery slot, or to cancel the order and refund the full amount paid.
No deliveries are made on Saturdays, Sundays or public holidays.
In order for the deadlines to be met, the Customer must ensure that they have provided accurate and complete information concerning the delivery address (such as, in particular, street, building and staircase numbers, access codes, intercom numbers, etc.).
In case of absence at the time of delivery, a request for re-delivery will be accepted by the carrier. If the Buyer is also absent at the time of this second delivery, the package will be returned to the Akillis head office, and the order will be cancelled.
Akillis is responsible for the risks relating to the products until they are delivered to the Buyer, who becomes responsible for them as soon as they are delivered at the delivery address indicated when placing the Order. In order to avoid any dispute, Akillis recommends that the Buyer check the conformity of the items at the time of delivery and to indicate any anomalies found (open package, damaged product etc.) as far as possible, on the delivery slip, in the form of handwritten reservations accompanied by their signature.
In the event of non-conformity of the items purchased or if they do not meet the Buyer’s expectation, the latter may return them or request an exchange or refund under the terms provided for in these Terms and Conditions depending on the case and in accordance with the following articles of the Consumer Code:
The good conforms to the contract: 1 ° If it is suitable for the use usually expected of a similar good and, where applicable: - if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer can legitimately expect in the light of public statements made by the seller, by the manufacturer or by their representative, particularly in advertising or on the labelling; 2 ° Or if it has the characteristics defined by mutual agreement between the parties or if it is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter.
Defects of conformity that appear within twenty-four months of delivery of the goods shall be presumed to exist at the time of delivery, unless proven otherwise. For second-hand goods sold, this period is set at six months. The seller may challenge this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
The buyer is entitled to demand that the goods conform to the contract. They may not, however, challenge the conformity by invoking a defect that they knew about or could not have been unaware of when they entered into the contract. The same applies when the origin of the defect is the materials which they supplied themselves.
In case of a lack of conformity, the buyer chooses between repair or replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost which is manifestly disproportionate to the other method, taking into account the value of the goods or the extent of the defect. They are then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.
If it is not possible to repair and replace the good, the buyer may return the good and have the price refunded to them or keep the good and have part of the price refunded to them. The same option is open to them: 1° If the solution requested, proposed or agreed in application of Article L. 217-9 cannot be implemented within one month of the buyer's complaint; 2° Or if this solution cannot be without major inconvenience to them given the nature of the good and the use they are seeking. However, the sale may not be rescinded if the lack of conformity is minor.
The provisions of Articles L. 217-9 and L. 217-10 are applied at no cost to the buyer. These same provisions do not preclude the award of damages.
Article 9: Compliance with regulatory and contractual standards
GOLD: Akillis products are made of 750/000 gold, titanium and 925 sterling silver.
DIAMONDS: All diamonds purchased by Akillis are purchased from legitimate sources not involved in financing conflicts, in accordance with United Nations resolutions. Akillis hereby guarantees that these diamonds do not originate from conflict zones, a guarantee based on its knowledge and/or on written guarantees from the supplier of these diamonds.
Article 10: Right of withdrawal and return of items
Right of withdrawal
In accordance with the provisions of article L. 221-18 of the Consumer Code, the Buyer has a right of withdrawal. The Buyer has the right to cancel the contract created by the written order confirmation without giving any reason within thirty (30) days from the date on which they, or any person they appoint (other than the carrier), acquire physical possession of the products of the order. In order to comply with the withdrawal period, they must simply withdraw from the contract before the expiry of this period. If the Buyer has ordered several items in a single Order, the withdrawal period does not begin before the Buyer, or the third party designated by them other than the carrier, takes physical possession of the last item or the last part of the delivery.
To notify their decision to withdraw, the Buyer shall fill in the return form that is provided to them on the Website. The Buyer will promptly receive an acknowledgement of receipt of their withdrawal request which will be sent by email.
The Buyer has up to 30 days to request a refund. After declaring your return, the Buyer has a period of 14 days to organise the return of the item(s) concerned with the carrier, in accordance with Article L 221-23 of the Consumer Code:
The consumer shall send back or return the goods to the commercial dealer or to a person appointed by the commercial dealer without undue delay and, at the latest, within fourteen days from the day on which they communicate their decision to withdraw in accordance with Article L. 221-21, unless the commercial dealer offers to collect the goods themselves.
The consumer shall only bear the direct costs of returning the goods, unless the commercial dealer has agreed to bear those costs or has failed to inform the consumer that those costs are to be borne by them. However, for off-premises contracts, where the goods are delivered to the consumer's residence at the time of the conclusion of the contract, the commercial dealer shall collect the goods at their own expense if they cannot be normally returned by post because of their nature.
The consumer may be held liable only in the event of depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these goods, provided that the commercial dealer has informed the consumer of their right of withdrawal, in accordance with 2° of Article L. 221-5.
In accordance with Article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for Orders concerning:
- the supply of goods made according to the Buyer's specifications or personalised goods
- the supply of goods that have been unsealed by the Buyer after delivery and that cannot be returned for reasons of hygiene or health protection.
The return costs are borne by Akillis.
The Buyer is requested to include in the packaging the returned product, as well as all their accessories, the free items received as part of the order, the certificate of authenticity and all other documents, in their original box and to send the return by an authorised carrier (UPS).
The Buyer may also return the products at the Akillis store, located at 354, rue Saint-Honoré in Paris. In this case, the Buyer must inform our Customer Service of their intention to return the products at the store within 30 days following receipt of their order. No refunds in cash or by card will be made directly by the store. The refund will be made in the same way as in the case of a return via the carrier.
When the right of withdrawal is exercised, Akillis will promptly refund all sums paid to the consumer, at the latest within thirty days from the date on which it receives the return of the order.
Akillis shall make this refund using the same means of payment as that used by the consumer for the initial transaction, unless the consumer expressly agrees to use another means of payment and insofar as the refund does not incur any costs for the consumer. Akillis is not obliged to refund the additional costs if the consumer has expressly chosen a delivery method that is more expensive than the standard delivery method offered by the commercial dealer.
Credit on future purchases in the store in which the return is made can only apply to products purchased in the same store, and cannot apply to products purchased on the Website.
Products that have not been purchased through the Sales Channels cannot be returned to the distribution centre of our online store.
The Buyer must keep proof of the return shipment. Akillis declines all liability in the event that the Buyer is unable to provide such proof.
Terms of product returns
Akillis ensures that the returned product meets the terms of the Returns and Exchange Policy and, if this is the case, Akillis will proceed with the applicable refund or exchange.
Products must be returned in new and undamaged condition, with all protective materials in place and accompanied by the labels and stickers attached (if applicable), as well as the original packaging case and box, including all accessories and documents. Akillis reserves the right not to accept any return if the product shows signs of wear and tear, or has been used or modified from its original condition in any way whatsoever, or, Akillis may reduce the amount of any applicable refund or exchange accordingly.
Akillis shall subject all returns to rigorous Quality Control (“QC”) in order to ensure that the returned products comply with these quality requirements. If the products do not meet QC standards, we will refuse the return, and the products will be returned to the Buyer. If the returned product meets the QC requirements, Akillis will proceed with the applicable refund or exchange.
Failure to comply with these Terms and Conditions of Sale will give Akillis the right to refuse the returned product and to return it to the Buyer, at their expense. Non-exchangeable and non-refundable products:
Orders for products that have in one way or another been customised for the Buyer cannot be cancelled and the said products cannot be returned for exchange or refund. These include products that have been engraved or embossed.
Any damaged jewellery cannot be refunded.
In the case of a gift, the right of withdrawal remains the exclusive right of the Buyer and can under no circumstances be exercised by the recipient of the gift. Only the Buyer shall be entitled to a refund of the purchase price. A person who has received the product as a gift (i.e. the “Gift Recipient”) will not be entitled to receive a refund under any circumstances. If you are a Gift Recipient and wish to return a product, please contact the Customer Service to discuss your options.
Article 11: Exchange
The Buyer may return a product purchased through the Website and exchange it for another Akillis product, provided that the return complies with these Terms and Conditions of Sale, in particular (a) the Right of Cancellation and (b) the above Return Process. Akillis allows its Buyers to exchange items within 30 days from the date of delivery except for those that have been the subject of a special order.
Two cases of exchange are possible:
If the exchange concerns the size of the ring or bracelet, and the price remains the same as that paid at the time of the initial order, the return costs are free.
In all other cases, the initial order will be cancelled and a new order will have to be placed. The exchange request must be sent on the Website.
The Akillis customer service or Akillis’ carrier will then contact the Buyer to schedule the collection of the package according to which the Buyer will return the item(s) concerned.
The returned item must be new, unused (not worn or engraved) and perfectly intact in its original packaging. If an item is returned, the Akillis quality department will check and assess the condition of the returned item. In addition, the returned item must be accompanied by its invoice and the certificate of authenticity given at the time of sale. Subject to compliance with these return conditions, Akillis will proceed with the exchange as soon as possible. Items returned in incomplete, spoiled, damaged, deteriorated and/or soiled condition, without a security tag or in any other condition that would reasonably suggest that they have been used or worn, will not be exchangeable and will be returned to the Buyer by post.
Within the framework of the commercial exchange policy proposed under this article, Akillis reserves the right to refuse an exchange beyond two (2) successive requests.
Furthermore, any delivery charges paid by the Buyer will not be refunded.
Article 12: Compliance – Warranty – After-Sales Service
Akillis undertakes to ensure that each product strictly complies with quality criteria and that it has passed all technical and aesthetic checks.
The products on the Website are covered by the applicable Akillis Warranty. If the Buyer wishes to repair a product covered by the applicable Akillis Warranty, they must refer to the said Warranty and call our Customer Service for more information. All items on sale on the Website are covered by the legal warranty of conformity (as defined in Articles L217-4 et seq. of the Consumer Code) and the warranty against hidden defects (as defined in Articles 1641 et seq. of the Civil Code), allowing the Buyer to return free of charge any items delivered defective or non-compliant.
Within the framework of the legal warranty for hidden defects, Akillis, at the Buyer's discretion, undertakes, after evaluation of the defect: - Either to replace the product with an identical product, - Or to refund the full price of the returned item, - Or to reimburse part of the price of the item if the Buyer decides to keep the item. Warranty exclusion: Items modified, repaired, integrated or added by the Buyer are excluded from the warranty. The warranty does not cover apparent defects. The warranty will not cover items damaged in transit or due to misuse. Terms of implementing legal warranties When the Buyer invokes a legal warranty of conformity, they: - Has a period of two years from the issue of the item to do so; - can choose between repairing or replacing the item, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code; - is exempted from providing proof of the non-compliance of the item. The legal warranty of conformity applies regardless of any commercial warranty possibly granted by Akillis. Finally, the Buyer may decide to implement the warranty against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code. In this case, they can choose between cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code. These provisions are not exclusive of the right of withdrawal defined in Article 10 above.
Article 13: Complaints - Information
For any information, compliant or question relating to the Terms and Conditions of Sale implemented by Akillis or to the items themselves, the Buyers must contact Akillis’ customer service on the Website via the “Contact” form, by stating their Order number if necessary.
Article 14: Protection of personal data
Akillis collects the personal data of the Buyer and, where applicable, that of the recipient of the Order, which will be managed by Akillis under the GDPR.
The personal data requested from the Buyer is necessary for processing their Order and the preparation of invoices, in particular. These data may be communicated to any partners of Akillis responsible for the execution, processing, management and payment of Orders.
The processing of information communicated via the Website shall meet the legal requirements for the protection of personal data, with the information system used ensuring optimal protection of these data.
Article 15: Retention of title
Akillis retains full and complete ownership of the items sold until full payment of the full price, in principal, costs, taxes and compulsory contributions included.
Article 16: Intellectual property rights
The “Akillis” trademark, as well as the trademarks of the models of Products, if any, as well as the designs and models or copyrights on the Products, and more generally all other trademarks, illustrations, images and logos appearing on the Akillis items, their accessories or their packaging, whether registered or not, are the exclusive property of Akillis.
Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior agreement of Akillis, is strictly prohibited. The same applies to any combination or conjunction with any other trademark, symbol, logo and, more generally, any distinctive sign intended to form a composite logo. The same applies to all copyrights, designs and models and patents which are the property of Akillis.
The use of all or part of the Website, in particular by downloading, reproduction, transmission or representation for purposes other than personal and private use for non-commercial purposes is strictly prohibited. Violation of these provisions exposes its perpetrator to the penalties provided for both by the Intellectual Property Code, in particular for copyright infringement (Article L.335-1 et seq.), trademark law (Article L.716-1 et seq.) and by the Civil Code in terms of civil liability (Articles 1382 et seq.).
Hypertext links to any of the pages or elements of the Website may only be created with the prior written authorisation of Akillis. The authorised can be revoked at any time. The sites having a hypertext link directing to the Website or to which the Website may refer are not controlled by Akillis and Akillis therefore declines all liability (particularly editorial) concerning access to and the content of these sites.
Article 17: Signature and proof
Akillis works to protect the personal information of its Buyers by ensuring a high level of security, but the Buyer also has a role to play in the protection of their personal data. In particular, the Buyer must maintain the security of their online transactions, for example by not communicating to anyone their login ID (the Buyer's email address) and/or their password and by regularly changing their password. In this respect, Akillis cannot be held responsible for the disclosure of information concerning the Buyer to any individual who has used their login ID (the Buyer's e-mail address) and/or their password. In this respect, the use of the Buyer's login ID (the Buyer’s email address) and/or the Buyer's password will constitute proof of the Buyer's identity, and the corresponding sums will be due and payable upon validation of the Order. Akillis may under no circumstances be held liable for the fraudulent use of this information. The provision of the debit/credit card number and the final validation of the Order shall constitute proof of acceptance of the said Order and the sums committed by the entry of the items on the Order shall, therefore, be payable. The computerised records stored in the computer systems of Akillis and its partners will be considered as evidence of communication, Orders and payments between the Parties.
Article 18: Force majeure
The performance by Akillis of all or part of its obligations will be suspended in the event of the occurrence of a case of force majeure as defined in Article 1218 of the Civil Code which would hinder or delay its performance.
Article 19: Liability
To the fullest extent permitted by the applicable law, Akillis disclaims and excludes all other terms, conditions and warranties relating to the products and purchase process, whether express or implied or otherwise, or arising from any prior transaction, use or business practice. Akillis can only be held liable for direct and foreseeable damage, when the Buyer orders the product, resulting from the use of the website www.akillis.com by the Buyer as well as the items sold. Akillis may not be held liable for any direct or indirect damage that may result from the use of the Website, including inaccessibility, loss of data, deterioration, destruction or viruses that may affect the computer equipment of the users and/or the presence of viruses on the Website.
No clause in these Terms and Conditions of Sale shall limit or exclude the liability of Akillis in case of liabilities that cannot be limited or excluded by the applicable law. Subject to the previous sentence, the total liability of Akillis towards the Buyer under these Terms and Conditions of Sale in respect of any order, whether contractual, in tort (including negligence) or otherwise, even if Akillis has been informed about the possibility of such damage, shall in no case exceed one hundred percent (100%) of the price of the product(s) in your order. Please note that in some countries, the 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.
Article 20: Language of the contract
For the convenience of customers, the Website and the Terms and Conditions of Sale are available in two languages: French and English. However, in the event of a contradiction between the French version and the English version, the French version shall prevail. Only the French version of the Terms and Conditions of Sale is binding between the Parties.
ARTICLE 21: Disputes - Applicable Law
These Terms and Conditions of Sale are governed by and interpreted in accordance with French law.
Use of mediation:
In the event of a dispute relating to the application and/or interpretation of these Terms and Conditions of Sale, the Buyer may have recourse to a conventional mediation procedure or any other alternative dispute resolution procedure. Any consumer or other dispute may be settled amicably by mediation at the CMAP – Centre for mediation and arbitration of Paris. To submit a dispute to the mediator, the Buyer may (i) fill in the form on the CMAP website: www.cmap.fr, under the tab “you are: a consumer” (ii) send their request by standard or registered post to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or (iii) send an email to firstname.lastname@example.org. Regardless of the means used to contact the CMAP, the Buyer's request must contain the following elements in order to be processed quickly: their postal and email addresses and telephone details as well as the full name and address of Akillis, a brief statement of the facts, and proof of the preliminary steps taken vis-à-vis Akillis.
The Buyer remains free to accept or refuse the use to mediation and, in case of use of mediation, each party is free to accept or refuse the solution proposed by the mediator.
In the absence of an amicable solution or the use of mediation, all disputes resulting from the Terms and Conditions of Sale fall within the jurisdiction of the French courts.
The fact that one of the Parties does not invoke vis-à-vis the other Party a breach of any of its obligations referred to in these Terms and Conditions of Sale shall not be interpreted for the future as a waiver of the obligation in question.