Terms of sale
TERMS AND CONDITIONS OF SALE AND USE
These Terms and Conditions of Sale and Use (“Terms and Conditions”) govern the use of the website theblackalchemy.com and all sales made by:
THE BLACK ALCHEMY / SARL NUAN-C
8 rue de la Bombarde
69005 Lyon – France
Email: contact@theblackalchemy.com
Hereinafter referred to as “THE BLACK ALCHEMY”.
By placing an order, the customer unconditionally accepts these Terms and Conditions in the version applicable on the date the order is placed.
Nothing in these Terms and Conditions affects any mandatory consumer rights granted under applicable law.
ARTICLE 1 – PURPOSE AND SCOPE
These Terms and Conditions apply to the sale of creations offered by THE BLACK ALCHEMY, including through its website, as well as to the applicable terms where an order is placed directly with THE BLACK ALCHEMY.
Certain provisions may vary depending on the customer’s country of residence, the delivery destination, the nature of the creation and the extent to which it has been customised.
Where mandatory provisions of applicable law grant consumers additional rights, such provisions shall prevail.
ARTICLE 2 – PRODUCTS AND HANDCRAFTED NATURE OF OUR CREATIONS
THE BLACK ALCHEMY creations are handcrafted. Each piece may therefore present slight variations resulting from manual craftsmanship, the manufacturing techniques used and the natural materials employed.
Such variations may include, in particular, differences in texture, relief, shades, dimensions, weight, finishes or the overall appearance of the creation.
These variations are inherent to the handcrafted and unique nature of our creations and do not, in themselves, constitute a defect or non-conformity, provided that they do not materially affect the agreed characteristics of the creation.
Weights, dimensions and measurements stated on the website may be subject to slight variations inherent to handcrafted production.
ARTICLE 3 – NATURAL STONES
The stones used by THE BLACK ALCHEMY are natural unless expressly stated otherwise.
The colour, transparency, inclusions, distribution of inclusions, texture and overall appearance of a natural stone may vary from one stone to another.
Inclusions, internal characteristics, colour variations, cloudy, frosted, milky effects or other natural characteristics of a stone do not, in themselves, constitute a defect.
Certain stones are specifically selected for their distinctive natural characteristics. This may particularly apply to icy white, milky and salt and pepper diamonds, as well as other stones presenting specific inclusions, shades or visual characteristics.
Where the customer individually selects or approves a stone prior to manufacture, the visible characteristics of that stone form part of the customer’s selection, subject to any applicable statutory warranties.
Photographs and videos may display differences in colour or appearance depending on lighting conditions, the equipment used and the characteristics of the customer’s screen.
ARTICLE 4 – PHOTOGRAPHS AND REPRESENTATION OF CREATIONS
THE BLACK ALCHEMY takes great care in representing its creations as accurately as possible.
However, photographs, videos and digital representations cannot perfectly reproduce every visual characteristic of a physical object, including the shades of a metal or stone, reflections, transparency, perceived proportions or textures.
Such differences in representation do not constitute non-conformity where they do not materially affect the essential characteristics of the product as described at the time of purchase.
ARTICLE 5 – PRICES
The applicable prices are those displayed or expressly communicated to the customer at the time the order is placed.
THE BLACK ALCHEMY reserves the right to change its prices at any time. Any subsequent change in the price of a creation shall not affect an order that has already been finally accepted.
Any applicable delivery charges, taxes, customs duties or other fees shall be indicated or determined in accordance with the conditions specified at the time of the order and in these Terms and Conditions.
ARTICLE 6 – ORDERS
All orders are subject to availability and acceptance by THE BLACK ALCHEMY.
THE BLACK ALCHEMY may refuse or cancel an order where permitted by law, including in the event of an obvious pricing error, suspected fraud, incorrect payment information, inability to manufacture the creation or a previous dispute relating to payment of an order.
The customer agrees to provide accurate, complete and up-to-date information necessary for the processing of the order.
ARTICLE 7 – MADE-TO-ORDER, CUSTOMISED AND BESPOKE CREATIONS
Certain creations are manufactured or adapted specifically for the customer.
Specifications or customisations may include, in particular, the requested size or dimensions, engraving, the specific choice of a stone, metal or finish, modification of an existing design, or the creation of an original bespoke piece.
In accordance with Article L221-28, 3° of the French Consumer Code, the right of withdrawal may not be exercised in respect of goods made to the consumer’s specifications or clearly personalised.
Made-to-order and/or customised creations are therefore not eligible for return or refund.
ARTICLE 8 – APPROVAL OF BESPOKE PROJECTS
For bespoke creations or projects involving specific development, drawings, sketches, digital renderings, photographs, mock-ups, wax models or other representations may be provided to the customer.
These materials are intended to present the project and may differ from the final handcrafted creation due to the inherent transition from a representation, drawing, simulation or model to a finished handcrafted piece.
The customer’s approval of the project constitutes acceptance of its principal characteristics as presented.
Any modification requested after approval may result in changes to the price and production timeframe.
Where production has already begun, certain modifications may be technically impossible or may require the creation to be remade. Such additional work may be charged to the customer after the customer has been informed and has agreed to the additional cost.
ARTICLE 9 – RING SIZES
The customer is responsible for providing or selecting the desired ring size when placing an order.
THE BLACK ALCHEMY provides guidance and tools to assist customers in determining the appropriate size but cannot guarantee measurements taken by the customer or by a third party.
Resizing may be offered where technically possible, in accordance with our Returns and Refund Policy.
Certain designs, stones, structures or finishes may restrict or prevent subsequent resizing.
ARTICLE 10 – PRODUCTION TIMEFRAMES
As THE BLACK ALCHEMY creations are handcrafted, certain orders require a production period.
The timeframe communicated at the time of the order shall be the applicable timeframe, subject to any mandatory provisions of applicable law.
Where the communicated timeframe is stated to be indicative, it constitutes an estimate based on the workshop’s workload, the availability of materials, stones and service providers, and the information available at the time the order is placed.
Events beyond our reasonable control, including exceptional unavailability of a stone or material, an incident involving a supplier or service provider, an event of force majeure or any other legally recognised circumstance, may affect completion of the order.
The customer will be informed where a significant event is likely to affect the communicated timeframe.
ARTICLE 11 – DELIVERY
Orders are shipped to the address provided by the customer.
The customer must verify the accuracy and completeness of the delivery address before confirming the order.
THE BLACK ALCHEMY shall not be held liable for consequences resulting from an incorrect or incomplete address provided by the customer, subject to applicable law.
Where applicable consumer law provides that the risk of loss or damage remains with the seller until the consumer takes physical possession of the goods, such provisions shall apply.
ARTICLE 12 – INTERNATIONAL SALES, CUSTOMS AND IMPORTATION
For any order shipped outside the applicable customs territory, customs formalities, taxes, customs duties, brokerage fees, customs clearance fees or other import charges may apply.
Unless expressly stated otherwise at the time of purchase, such amounts shall be borne by the recipient.
Where THE BLACK ALCHEMY exceptionally agrees to pay or advance certain duties, taxes or charges on behalf of the recipient, such payment shall apply only to the amounts expressly identified as being covered by THE BLACK ALCHEMY.
Customs authorities and carriers remain responsible for their own procedures, inspections and processing times.
The customer must provide any information or documentation reasonably required to complete import formalities where necessary.
ARTICLE 13 – REFUSAL OR FAILURE TO COOPERATE WITH CUSTOMS CLEARANCE
Where a parcel cannot be delivered because the recipient refuses to complete the required formalities, pay amounts for which they are responsible, or provide information requested by the carrier or relevant authorities, any costs incurred for return shipping, storage, customs clearance or reshipment may be charged to the customer or deducted from any amounts otherwise refundable, to the extent permitted by applicable law.
This provision shall not apply where the failure to deliver results from an error attributable to THE BLACK ALCHEMY.
ARTICLE 14 – RIGHT OF WITHDRAWAL AND RETURNS
The conditions governing withdrawal, returns, refunds and resizing are detailed in THE BLACK ALCHEMY Returns and Refund Policy applicable at the time the order is placed.
Consumers who benefit from a statutory right of withdrawal may exercise that right in accordance with applicable law.
For international orders outside the European Economic Area, the specific provisions set out in our Returns and Refund Policy shall apply, subject to any mandatory provisions of applicable law.
ARTICLE 15 – INTERNATIONAL ORDERS OUTSIDE THE EEA AND REFUNDS
Unless otherwise required by mandatory applicable law, THE BLACK ALCHEMY does not automatically extend the 14-day European Union right of withdrawal to international orders shipped outside the European Economic Area.
Any return based on a change of mind must be authorised in advance by THE BLACK ALCHEMY.
Where an international return from outside the European Economic Area is accepted by THE BLACK ALCHEMY as a commercial accommodation and does not arise from a mandatory statutory right, costs actually incurred by THE BLACK ALCHEMY that cannot be recovered may be excluded from or deducted from the refund.
These may include, in particular:
– initial international shipping costs;
– additional transportation costs;
– customs duties and import taxes paid or advanced by THE BLACK ALCHEMY;
– customs clearance, brokerage or administrative fees charged by the carrier;
– duties, taxes or charges incurred when the goods are returned to France;
– where permitted by applicable law and where the customer has been informed in advance, reasonable handling or restocking fees.
THE BLACK ALCHEMY cannot refund duties, taxes or charges paid to a government authority, carrier or intermediary where those amounts are not refunded to THE BLACK ALCHEMY.
Further details are set out in our Returns and Refund Policy.
ARTICLE 16 – CLAIMS REGARDING THE CONDITION OF A CREATION
Any claim alleging that a creation is damaged, defective or non-conforming must be submitted to THE BLACK ALCHEMY as soon as reasonably possible following receipt and, where reasonably possible, accompanied by sufficiently detailed photographs allowing the creation and the alleged issue to be identified.
Depending on the nature of the claim, THE BLACK ALCHEMY may require the creation to be returned for inspection before determining the appropriate resolution.
No refund based on an alleged defect or non-conformity shall be determined before THE BLACK ALCHEMY has been given a reasonable opportunity to examine the creation concerned, subject to any mandatory provisions of applicable law.
An opinion, appraisal or finding made by a third-party professional does not remove the requirement to return the creation where examination by THE BLACK ALCHEMY is necessary to process the claim.
This procedure does not limit any mandatory consumer rights.
ARTICLE 17 – THIRD-PARTY APPRAISAL, EXAMINATION OR INTERVENTION
Any creation that is the subject of a return request, refund request or claim must be kept in the exact condition in which it was received and must not be entrusted to any jeweller, goldsmith, appraiser, expert or other third party before THE BLACK ALCHEMY has had the opportunity to examine it.
Entrusting the creation to a third party for an appraisal, analysis, examination, handling or any other intervention, even where no intentional alteration of the jewellery is made, may render the creation ineligible for any commercial return, exchange or refund.
As THE BLACK ALCHEMY has no control over the conditions under which the creation may have been handled, examined, transported or stored by such third party, we cannot guarantee its condition after it has been entrusted to them, nor can we accept responsibility for any damage, scratching, impact, dropping, alteration or handling of a stone, setting or any other part of the creation occurring in connection with such third-party examination or intervention.
Any technical intervention performed by a third party — including polishing, cleaning, resizing, soldering, repair, stone setting, stone removal, removal or replacement of a stone, or any modification of the creation — will render the creation ineligible for any commercial return or refund unless THE BLACK ALCHEMY has provided prior written authorisation.
In the event of a claim, the customer must therefore contact THE BLACK ALCHEMY first and allow us the opportunity to examine the creation before entrusting it to any third party.
Any opinion, appraisal, assessment or diagnosis issued by a third party does not replace an examination by THE BLACK ALCHEMY and shall not be binding upon THE BLACK ALCHEMY as to its findings or conclusions.
These provisions do not affect any mandatory statutory rights or warranties available to consumers under applicable law.
ARTICLE 18 – CONDITION OF RETURNED CREATIONS
Every returned creation will be inspected upon receipt.
It must be returned with all of its original components and, except where the claim specifically concerns an alleged defect, in the condition in which it was received.
Any intervention, repair, polishing, resizing, stone setting, loosening or replacement of a stone, modification or alteration performed by the customer or a third party before return may make it impossible to establish the creation’s original condition and may be taken into consideration when processing the claim, to the extent permitted by applicable law.
ARTICLE 19 – STATUTORY WARRANTIES
THE BLACK ALCHEMY honours all statutory warranties to which consumers may be entitled under applicable law.
Neither these Terms and Conditions nor our Returns and Refund Policy are intended to exclude or limit any mandatory statutory warranties.
Normal wear and tear, accidental damage, impacts, crushing, scratches resulting from use, damage resulting from improper use, chemicals, inappropriate maintenance or intervention by a third party do not necessarily constitute a lack of conformity attributable to THE BLACK ALCHEMY.
The assessment of any damage will depend, in particular, on its nature, origin and the specific circumstances of each case.
ARTICLE 20 – CARE AND USE OF JEWELLERY
Jewellery is a precious object and may be damaged by impacts, friction, pressure, physical activities, chemicals or inappropriate handling.
Customers are encouraged to follow the care recommendations provided by THE BLACK ALCHEMY.
Damage resulting from use that is clearly incompatible with the normal characteristics of a piece of jewellery may be taken into consideration when assessing a claim, without prejudice to any applicable statutory warranties.
ARTICLE 21 – PAYMENT
Payment shall be made using the payment methods offered at the time of purchase.
The order may be subject to payment validation by the relevant payment service provider.
In the event that payment is refused, fails or is cancelled, THE BLACK ALCHEMY may suspend or cancel the order to the extent permitted by law.
For creations requiring a deposit, any specific terms stated in the quotation or order form shall supplement these Terms and Conditions.
ARTICLE 22 – THIRD-PARTY TOOLS AND SERVICES
The website may use services or tools provided by third-party service providers, including for hosting, payment processing, delivery or certain technical functionalities.
THE BLACK ALCHEMY shall not be held responsible for malfunctions directly attributable to such service providers, to the extent permitted by law.
ARTICLE 23 – INTELLECTUAL PROPERTY
All creations, designs, drawings, photographs, videos, texts, graphic elements, logos and content presented by THE BLACK ALCHEMY are protected by applicable intellectual property laws.
No reproduction, adaptation, exploitation, imitation or distribution may be carried out without prior authorisation where such authorisation is required by law.
Drawings, sketches, renderings, models, prototypes and proposals created as part of a customised project remain the intellectual property of THE BLACK ALCHEMY unless otherwise agreed in writing.
Ordering or purchasing a creation does not transfer any intellectual property rights associated with its design.
ARTICLE 24 – PERSONAL DATA
Personal data is processed in accordance with our Privacy Policy and applicable data protection laws.
ARTICLE 25 – LIABILITY
THE BLACK ALCHEMY shall not be held liable for damage resulting from abnormal or inappropriate use of a creation, intervention by a third party or failure to follow care recommendations where there is a causal connection between such circumstances and the damage.
THE BLACK ALCHEMY shall likewise not be held liable for deterioration occurring after delivery that is not attributable to THE BLACK ALCHEMY.
Nothing in these Terms and Conditions shall exclude or limit any liability that cannot lawfully be excluded or limited.
ARTICLE 26 – FORCE MAJEURE
THE BLACK ALCHEMY shall not be held liable for any failure or delay in performing its obligations where such failure or delay results from an event meeting the legal requirements of force majeure.
The consequences of such an event shall be handled in accordance with applicable law.
ARTICLE 27 – USE OF THE WEBSITE
The customer agrees not to use the website in any manner that is unlawful, infringes the rights of THE BLACK ALCHEMY or any third party, or is likely to compromise the operation or security of the website.
THE BLACK ALCHEMY may suspend access to the website where necessary for maintenance, security or operational reasons.
ARTICLE 28 – MANIFEST ERRORS
THE BLACK ALCHEMY reserves the right to correct material or typographical errors appearing on the website.
Where a manifest error affects an order, including an obvious error concerning price or product characteristics, THE BLACK ALCHEMY will inform the customer as soon as reasonably possible in order to determine how the order should be handled in accordance with applicable law.
ARTICLE 29 – SEVERABILITY
If any provision of these Terms and Conditions is declared void, invalid or unenforceable, the remaining provisions shall remain applicable to the fullest extent permitted by law.
ARTICLE 30 – CHANGES TO THESE TERMS AND CONDITIONS
THE BLACK ALCHEMY may amend these Terms and Conditions at any time.
ARTICLE 31 – GOVERNING LAW
These Terms and Conditions are governed by French law.
However, this choice of law shall not deprive a consumer of any mandatory protections available to them under otherwise applicable law.
Any mandatory rules relating to jurisdiction shall remain applicable.
ARTICLE 32 – CONTACT DETAILS
For any questions regarding an order, a creation or these Terms and Conditions:
THE BLACK ALCHEMY / SARL NUAN-C
8 rue de la Bombarde
69005 Lyon – France
support@theblackalchemy.com