Terms of service

TERMS OF SERVICE — THE BLACK ALCHEMY

OVERVIEW

These Terms of Service govern access to the services offered by The Black Alchemy, as well as the purchase of our products, whether they are offered through our online store or, where applicable, through third-party platforms and sales channels officially used by The Black Alchemy.

The terms “we”, “us” and “our” refer to The Black Alchemy.

By accessing our services and/or purchasing one of our products, you agree to be bound by these Terms of Service, as well as any applicable additional policies and terms, including our Privacy Policy and our Return and Refund Policy.

Our store and e-commerce services are operated in particular with the support of Shopify, which provides us with the infrastructure necessary to display and sell our products and services.

ARTICLE 1 – TERMS OF USE

By using our services, you represent that you are of legal age in your country of residence or that you have obtained the necessary authorization to make a purchase.

You agree not to use our services or products for any illegal purpose or in violation of any applicable laws or regulations.

Any fraudulent, abusive or unlawful use may result in the suspension or termination of access to our services.

ARTICLE 2 – GENERAL CONDITIONS

We reserve the right to refuse access to our services to any person, to the extent permitted by applicable law.

You agree not to reproduce, copy, sell, resell or exploit any part of our services, content or products without our prior written authorization.

ARTICLE 3 – PRODUCT AND SERVICE INFORMATION

We make every effort to provide information that is as accurate as possible regarding our creations, their characteristics, materials, dimensions and prices.

However, certain information may change or contain inaccuracies.

As our creations are made using artisanal processes, slight variations may occur between the photographs shown and the product actually delivered.

ARTICLE 4 – PRICES

The prices of our products are those displayed at the time the order is placed, subject to any obvious error.

Prices may be changed without prior notice. Any price change will have no effect on an order that has already been confirmed, unless otherwise provided for by applicable regulations.

Any applicable shipping costs, taxes, customs duties or other charges will be specified during the ordering process whenever possible.

ARTICLE 5 – PRODUCTS AND AVAILABILITY

Certain products may be available exclusively online or in limited quantities.

Certain creations are made to order and require a production lead time.

We reserve the right to limit available quantities or sales in certain geographical areas where necessary.

We make every effort to represent the colors, textures, shapes and finishes of our creations as accurately as possible. However, their appearance may vary depending on the screen or device used.

ARTICLE 6 – ORDERS AND BILLING

We reserve the right to refuse or cancel an order in accordance with applicable regulations, particularly in cases of suspected fraud, obvious error, exceptional unavailability or a previous dispute.

The customer agrees to provide accurate, complete and up-to-date information when placing an order, including their identity, contact details, billing address and shipping address.

ARTICLE 7 – THIRD-PARTY SERVICES AND TOOLS

Certain services provided as part of your purchasing experience may be supplied by third-party service providers or platforms.

The use of these services may be subject to the respective terms and conditions of those providers.

The Black Alchemy cannot be held responsible for the operation of an independent third-party service, to the extent permitted by applicable law.

ARTICLE 8 – THIRD-PARTY PLATFORMS AND SALES CHANNELS

The Black Alchemy products may be displayed or sold through third-party platforms or sales channels officially used by The Black Alchemy.

Where these platforms allow a purchase or payment to be made directly, certain technical features of the ordering process may be provided by the relevant platform or by Shopify.

The Black Alchemy’s own commercial terms remain applicable to the sale to the extent provided for by applicable regulations and the terms of the sales channel used.

ARTICLE 9 – THIRD-PARTY LINKS AND CONTENT

Our services may contain links to websites or services operated by third parties.

We are not responsible for the content, products, services or practices of these independent third-party websites.

ARTICLE 10 – COMMENTS AND SUBMISSIONS

When you voluntarily submit comments, suggestions or other content to us, you remain responsible for the information provided.

In particular, you agree not to submit any unlawful, offensive, defamatory content or content that infringes the rights of third parties.

ARTICLE 11 – PERSONAL DATA

Personal data collected in connection with the use of our services or an order is processed in accordance with our Privacy Policy and applicable regulations.

Where a purchase is made through a third-party platform, certain data may also be processed by that platform in accordance with its own privacy policy.

ARTICLE 12 – ERRORS, INACCURACIES AND OMISSIONS

We reserve the right to correct any error, inaccuracy or omission relating in particular to descriptions, characteristics, prices, promotions, shipping costs, lead times or product availability.

ARTICLE 13 – PROHIBITED USES

You may not use our services for any illegal, fraudulent or harmful purpose, including infringing the intellectual property rights of The Black Alchemy or third parties, transmitting malicious content or attempting to disrupt the operation of our services.

ARTICLE 14 – OPERATION OF SERVICES

We take reasonable measures to ensure the proper operation of our services.

However, we cannot guarantee that our services will operate continuously, without interruption or without error, particularly where certain elements depend on third-party service providers or platforms.

ARTICLE 15 – LIABILITY

The Black Alchemy’s liability is determined in accordance with applicable laws and regulations.

The Black Alchemy cannot be held liable for damage resulting from improper use of a product, use contrary to its intended purpose or failure to follow the care recommendations provided to the customer.

ARTICLE 16 – SEVERABILITY

If any provision of these Terms is found to be invalid, unlawful or unenforceable, the remaining provisions shall continue to apply to the fullest extent permitted by law.

ARTICLE 17 – TERMINATION

These Terms remain applicable for as long as you use our services or for as long as necessary for the fulfillment of an order.

Any use contrary to these Terms may result in the suspension or termination of access to our services, to the extent permitted by applicable regulations.

ARTICLE 18 – ENTIRE AGREEMENT

These Terms of Service, together with The Black Alchemy’s other applicable policies, constitute the contractual framework governing the use of our services and purchases made from The Black Alchemy.

ARTICLE 19 – GOVERNING LAW

These Terms are governed by French law, subject to any mandatory provisions that may apply to consumers based on their country of residence.

ARTICLE 20 – CHANGES TO THESE TERMS

We reserve the right to modify these Terms of Service.

The version applicable to an order is the version in effect at the time the order is placed, unless otherwise required by law.

ARTICLE 21 – INTERNATIONAL SALES

For orders shipped outside mainland France, customs formalities, customs duties, import taxes or other charges may apply.

Where these amounts are not expressly included or covered at the time of purchase, they remain the responsibility of the recipient, who is responsible for complying with the import regulations applicable in their country.

ARTICLE 22 – CUSTOM AND PERSONALIZED CREATIONS

Certain The Black Alchemy creations may be made or personalized specifically at the customer’s request.

Personalized or custom-made creations, including jewelry that is engraved or specifically manufactured according to characteristics requested by the customer, are non-refundable and non-exchangeable under the conditions provided for by Article L221-28 of the French Consumer Code.

ARTICLE 23 – INTELLECTUAL PROPERTY

The creations, photographs, texts, illustrations, drawings, graphic elements, trademarks, logos and other content belonging to The Black Alchemy remain its exclusive property or that of their respective rights holders.

Any unauthorized reproduction, exploitation, distribution or use, even in part, is prohibited.

ARTICLE 24 – PRODUCTION LEAD TIMES AND FORCE MAJEURE

As our creations are made using artisanal processes, certain orders require a production lead time.

The lead times provided may vary due to constraints inherent to artisanal production.

In the event of force majeure or exceptional circumstances beyond our control affecting the fulfillment of an order, its performance may be suspended or postponed in accordance with applicable regulations.

ARTICLE 25 – RIGHT TO REFUSE AN ORDER

We reserve the right to refuse an order, particularly where there is a previous dispute with the customer or where the order appears to be manifestly abnormal, abusive or fraudulent, subject to applicable legal provisions.

ARTICLE 26 – RETURNS AND REFUNDS

The conditions applicable to returns, exchanges and refunds are set out in our Return and Refund Policy.

This policy forms an integral part of the terms applicable to orders placed with The Black Alchemy.

ARTICLE 27 – CONTACT INFORMATION

For any questions regarding these Terms of Service or an order, you can contact The Black Alchemy at:

contact@theblackalchemy.com

Website: theblackalchemy.com