Terms and conditions

These General Terms and Conditions of Sale (hereinafter the “GTC”) set forth the rights and obligations of the user (hereinafter the “Customer”) and the Company described in Article 2 below, in connection with the sale of products on the website www.poiray.com (hereinafter the “Website”).

The contract, established upon placement of an effective order, is governed by the regulations on distance selling, as set forth in particular in the French Consumer Code, as well as by the specific provisions set forth below, it being understood that the protective provisions of the French Consumer Code incorporated into these T&C apply to consumers, as defined by the Preliminary Article of the French Consumer Code. By placing an order on the Site and accepting these T&Cs, the Customer declares:

- That they have the legal capacity to enter into this contract, i.e., that they are of legal age and are not under guardianship or curatorship, or

- That they are placing an order on the Website as a consumer, for private and non-professional purposes.

The Customer’s unconditional acceptance of these T&C shall consist of checking the box provided for this purpose.

The T&C are made available to Customers on the Website, where they can be viewed directly under the “Terms and Conditions” tab.

These T&C govern exclusively the relationship between the Company described in Article 2 below and the Customer placing an order on the Site, to the exclusion of any other document.

The applicable Terms and Conditions are those in effect on the date the order is placed, as posted on the Website, and made available to the Customer prior to the confirmation of the order. The Company encourages the Customer to carefully review the Terms and Conditions posted on the Website for each order, as the dates of the most recent updates are indicated.

Products purchased on the Website are sold directly by Poiray International (hereinafter, the “Company”), a simplified joint-stock company with a single shareholder, with a capital of 7,305,182 euros, registered with the Paris Trade and Companies Register under number 794 302 422, whose registered office is located at 8 place Vendôme, 75001 Paris, and whose intra-Community VAT number is: FR40794302422.

For any information, the Customer may contact: contact@poiray.com

Tel: +33 (0)1 42 97 99 16

The products offered for sale are those listed on the Website on the date the Customer visits the Website.

The products comply with current regulations regarding personal health and safety, fair commercial practices, and consumer protection.

The products offered for sale on the Website are displayed with a photograph and their price. By clicking on a product, the Customer accesses a product description listing the essential characteristics as defined in Article L111-1 of the French Consumer Code (including materials) as well as any recommendations for use and/or care.

For certain products, the Customer may select the size (for example, for certain rings), provided that the product’s price may vary depending on the Customer’s selections. Where applicable, the applicable price will be the one displayed on the Website once the Customer has selected the size.

Some of our pieces are one-of-a-kind; others may be crafted from natural stones.

Customers may obtain additional information by contacting the Company’s Customer Service by phone.

Products are offered and delivered while supplies last. Some products made in our workshops are produced in limited quantities. Due to a possible discrepancy between workshop inventory and the website’s inventory, a product added by the Customer to their cart may be mistakenly displayed on the website as available, even though it is no longer in stock. In such cases, the Customer will be notified, and the Company will cancel the order and refund the amounts paid as soon as possible upon the Customer’s request.

Products are offered and delivered while supplies last.

Certain products made in our workshops are produced in limited quantities.

Due to a possible discrepancy between workshop inventory and the Website’s database, a product added by the Customer to their cart may be mistakenly displayed on the Website as available, even though it is no longer in stock. In such cases, the Customer will be notified, and the Company will cancel the order and refund the amounts paid as soon as possible upon the Customer’s request.

The prices of the products displayed are listed in euros, and the applicable sale price is the one displayed on the Website on the date the order is placed.

Prices are displayed inclusive of all taxes, excluding delivery charges or shipping costs, which may apply in accordance with the conditions set forth in Article 5 of these Terms and Conditions and which will be communicated to the Customer prior to the final confirmation of their order.

Regardless of the delivery method chosen by the Customer, the total amount due is indicated on the order confirmation page.

The Customer may be offered various delivery options depending on the order total and the specified delivery address.

For any delivery to a country outside the European Union or to the French overseas departments and regions (DROM COM), all taxes and customs duties will be the Customer’s responsibility.

Delivery fees (excluding customs duties) are as follows:

- Paris city limits only: free with in-store pickup at Rue de la Paix and Boulevard Saint-Germain.

- Paris city limits only: €10 / free for purchases of €500 or more via courier.

- Metropolitan France only: free via Colissimo Registered Mail and DHL Express.

- European Union: free via DHL Express.

- Outside the European Union: free via DHL Express. Customs fees and various taxes are the responsibility of the customer.

To ensure the security and traceability of your shipment, Maison Poiray has selected only delivery methods requiring a signature upon delivery, allowing you to track your order at every stage of its transit. If you wish to track the progress of your order, click on the link sent to you by email to access your tracking portal.

For further information, you can contact our customer service by email at contact@poiray.com or by phone at 01 42 97 99 16, Monday through Thursday (excluding holidays), from 10:00 AM to 6:00 PM, and Friday (excluding holidays), from 10:00 AM to 5:30 PM.

To place an order, the Customer must review the product details for the items they wish to purchase, verify that they are suitable, and, depending on the product, select the size, color, or other available options as applicable, with the understanding that the product price may vary based on the Customer’s selections.

After adding items to the cart and confirming the cart, the Customer will be redirected to the instant order form, through which the Customer must provide the Company with their contact information and shipping address.

The Customer must then select the desired shipping method from those offered, review the shipping times, and review the shipping costs.

After verifying the contents of their order, as well as its total cost, and correcting any errors by returning to the previous pages, the Customer will:

- Select a payment method,

- Provide their billing address if it differs from their delivery address,

- Review these Terms and Conditions and accept them by checking the box provided for this purpose,

- The Customer will definitively confirm the order during the payment process. This step, together with the acceptance of these Terms and Conditions, shall constitute the conclusion of the contract, subject to the Customer’s actual payment of the order. The order is only final once the Company has received confirmation of payment from the Customer.

Any changes to an order made by the Customer after the order has been confirmed are subject to the Company’s approval. Once the contract has been concluded, the Company will send the Customer, via email, an order receipt containing a summary of the information provided on the order form.

A purchase invoice will be sent to the Customer in the package containing the purchased products.

The Company may refuse any order for legitimate reasons, particularly if the quantities of products ordered are abnormally high for Customers acting as consumers.

The Customer agrees that the Terms and Conditions and the order confirmation will be provided to them on a durable medium, via email.

The information provided by the Customer when placing the order is binding on the Customer: in the event of an error, the Company shall not be held liable.

To pay for the products, the Customer must follow the instructions provided in the order form.

The Customer may pay for purchases by credit card, bank transfer, AMEX, PayPal, Apple Pay, or Google Pay. Accepted credit cards include: CB, MasterCard®, Visa®, and American Express®.

In the event of payment via PayPal, the Customer expressly acknowledges having read and accepted PayPal’s Terms and Conditions, as PayPal is solely responsible for processing the personal data related to the payment methods entered by the Customer.

The Customer also has the option to pay for their purchases using Alma’s credit service. This solution is offered for the settlement of purchases and the execution of payment, provided that the person purchasing the goods or services through Alma (“Buyer”) accepts the installment payment or deferred payment agreement.

Fees may be charged by Alma.

Any refusal by Alma to grant payment in installments or deferred payment may result in the termination of the contract for the purchase of the goods or services (“Terms and Conditions”), unless the Buyer agrees to pay the purchase amount in full.

In the event of termination of the T&C, the installment payment or deferred payment agreement shall be automatically terminated.

In the event of withdrawal from the installment payment or deferred payment solution used for your payment, the T&C shall be automatically terminated, unless you pay the amount in full. If the product has already been shipped to you, you must return it within the maximum timeframe specified in these Terms and Conditions.

To file a complaint, follow this link: Click here

Payment by bank transfer is only accepted for special orders and is not available on the Website. In such cases, the Customer will receive an email providing the Company’s bank details and requesting that the Customer make the payment for the order via bank transfer within ten (10) business days of the order’s confirmation. An email will be sent to the Customer within 8 days if the expected amount has still not been received in the Company’s bank account. The order is final only once the Company has received confirmation of payment from the Customer. The order may be canceled by the Company if the Customer has not made the bank transfer within the specified time frame.

In the case of payment by credit card, the Customer must provide their credit card number, depending on the type of card, its expiration date, and the security code (the 3-digit number on the back of the credit card).

The Customer warrants to the Company that they are the legitimate holder of all rights allowing them to use the credit card.

Financial information will be transmitted via an encrypted protocol to the banks providing remote electronic payment services, and third parties will under no circumstances have access to it.

8.1 Shipping Times

Any order placed on the Site will generally be processed and shipped within 48 hours of receipt of payment (excluding weekends and holidays) if the product is in stock, unless otherwise specified and brought to the Customer’s attention prior to order confirmation. An email will be sent to confirm the processing of the order as well as its shipment.

The Customer’s attention is drawn to the fact that shipping times may vary from a few days—if the product is in stock—to 10 weeks, depending on the time of year and the complexity of the items requested.

8.2 Shipping of Special Orders

“Special” orders include the customization of a piece of jewelry (such as engraving) and/or the creation of a custom-made piece of jewelry. Any Customer wishing to place a special order is invited to contact our customer service department by email at contact@poiray.com to determine the feasibility of their request, receive a quote, and be informed of shipping times.

In accordance with the provisions of Article L.221-28-3° of the French Consumer Code, products corresponding to these special orders are not subject to the right of withdrawal detailed in Article 8 of these Terms and Conditions and may not be returned, exchanged, or refunded.

8.3 Delivery Times

The ordered product is delivered to the address provided by the Customer when placing the order. The shipping address may differ from the billing address.

The delivery times specified below begin only once the order has been shipped.

Delivery is made, depending on the Customer’s choice, via one of the following shipping options:

- La Poste (Colissimo with signature upon delivery): Delivery within 2 to 5 business days

- Courier (within Paris only): Delivery within 3 hours for orders placed before 3:00 p.m. (French time) on business days (Monday through Saturday, excluding holidays). Otherwise, delivery will take place the day after the order is placed. However, delivery times may be extended in certain situations due to increased demand, such as the Christmas season, strikes, etc. . If applicable, the Customer will be informed of this when placing their order.

- DHL Express: Delivery within 1 to 5 business days.

8.4 Maximum Delivery Time and Possible Delays

The products ordered will be delivered within a maximum of 30 business days (excluding weekends) from the date the order is placed (this timeframe includes shipping and delivery costs).

If the ordered product is not delivered within the maximum timeframe mentioned above, the Customer may, after unsuccessfully urging the Company to fulfill its delivery obligation within a reasonable additional period, terminate the contract by registered letter with acknowledgment of receipt sent to the Company’s registered office or by email sent to contact@poiray.com, specifying the relevant order number.

In such a case, the Customer will receive a refund of all amounts paid, no later than fourteen days following the date on which they requested cancellation of their order.

If no one is present to receive the order at the specified address:

Delivery will be made to the delivery address provided by the Customer when placing the order on the Website. If delivery could not be made due to an error in the recipient’s name at the time the order was placed, the Company shall not be held liable and the order cannot be refunded.

8.5 Reservations

In the event of damage, the Customer must clearly and precisely note any reservations on the delivery receipt, a copy of which is sent by La Poste or the carrier to the Company. In this regard, it is the Customer’s responsibility to verify the contents, conformity, and condition of the product upon delivery. This verification is deemed to have been completed once the Customer, or a person duly authorized by the Customer, has signed the delivery slip presented by the La Poste delivery agent or the carrier. Despite the care taken in preparing orders, it is possible that a product may be missing from the order, or that an error may have occurred during preparation. If the product does not conform to the order, the Customer must submit a claim to the Company to request a replacement product or cancellation of the sale at the following address: contact@poiray.com within a maximum of 48 hours following receipt of the order. Products delivered to the Customer via a carrier of the Customer’s choice are shipped at the Customer’s risk, while products delivered to the Customer via a carrier selected by the Company are shipped at the Company’s risk.

In accordance with the provisions of Articles L.221-18 et seq. of the French Consumer Code, the Customer has a period of fourteen (14) days to cancel their purchase without having to provide any reason.

The fourteen (14)-day period begins:

- on the day the Customer or a third party designated by the Customer (other than the carrier) received the ordered item;

- or, in the case of an order consisting of multiple items delivered separately, on the day the Customer or a third party designated by the Customer (other than the carrier) received the last item.

The Customer must use the following link to initiate a return:

Initiate a Return.

The Customer must return the product in question within fourteen (14) days of notifying us of their withdrawal to the following address: POIRAYI NTERNATIONAL – E-Shop – 8 place Vendôme, 75001 Paris – with return shipping costs to be borne by the Customer.

Products must be returned in their original packaging, unsealed, unopened, and unused, intact, and ready for resale. They must not have been worn, used, altered, washed, or damaged.

After receiving and inspecting the quality of the products returned by the Customer, the Company will send a confirmation email to the Customer and will proceed—within fourteen (14) business days from the date the Customer returned the relevant products to the Company, at the Customer’s discretion—to:

- Refund of payments received

- A refund in the form of a store credit equal to the amount of the products, valid on the website www.poiray.com.

Shipping costs will not be refunded.

The Company will process this refund using the same payment method the Customer used for the initial transaction.

The Company will send an email to the Customer confirming the refund of the order.

In accordance with the provisions of Article L.221-28 of the French Consumer Code, the following, in particular, are not subject to the right of withdrawal:

Any online purchase made by the Customer may also be exchanged for a product of equal or greater value (subject, in this case, to the Customer paying the price difference). No product purchased on the website may be exchanged at a Poiray store or at one of its retail partners.

We will only accept exchanges and refunds for jewelry if all of the following conditions are met:

1) The product must not have been worn, used, altered, washed, or damaged.

2) The product must not have been custom-made.

3) The product must be returned in its original packaging along with the purchase invoice.

No refund will be issued to a Customer who has not exercised their right of withdrawal in accordance with the terms of this article.

The Company is liable for any lack of conformity of the product under the terms of Article L.217-3 et seq. of the French Consumer Code and for any latent defects in the item sold under the terms set forth in Articles 1641 et seq. of the French Civil Code.

Any claim made under the statutory warranties must be sent by the Customer via certified mail with return receipt requested to the Company’s headquarters, as indicated above.

The consumer has a period of two years from the delivery of the goods to invoke the statutory warranty of conformity in the event of a defect in conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its occurrence.

When the contract for the sale of the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the statutory warranty applies to such digital content or digital service throughout the entire period of supply. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service, and not the date on which it first appeared.

The statutory warranty of conformity imposes an obligation on the seller, where applicable, to provide all updates necessary to maintain the conformity of the goods.

The legal guarantee of conformity entitles the consumer to have the item repaired or replaced within thirty days of making the request, at no cost and without significant inconvenience to the consumer.

If the item is repaired under the legal guarantee of conformity, the consumer is entitled to a six-month extension of the original warranty.

If the consumer requests repair of the item but the seller insists on replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement.

The consumer may obtain a reduction in the purchase price while retaining the goods or terminate the contract by receiving a full refund upon return of the goods, if:

1° The seller refuses to repair or replace the goods;

2° The repair or replacement of the goods occurs after a period of thirty days;

3° The repair or replacement of the goods causes significant inconvenience to the consumer, particularly when the consumer is permanently responsible for the costs of returning or removing the non-conforming goods, or if the consumer bears the costs of installing the repaired or replacement goods;

4° The non-conformity of the goods persists despite the seller’s unsuccessful attempt to bring them into conformity.

The consumer is also entitled to a price reduction or to rescind the contract when the lack of conformity is so serious that it justifies an immediate price reduction or rescission of the contract. In such cases, the consumer is not required to first request repair or replacement of the goods.

The consumer is not entitled to rescind the sale if the lack of conformity is minor.

Any period during which the goods are out of service for repair or replacement suspends the remaining warranty period until the repaired goods are delivered. The rights mentioned above result from the application of Articles L. 217-1 through L. 217-32 of the Consumer Code.

A seller who, in bad faith, obstructs the enforcement of the legal warranty of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover (Article L.241-5 of the Consumer Code).

The consumer is also entitled to the statutory warranty against hidden defects pursuant to Articles 1641 through 1649 of the Civil Code for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the item is retained or to a full refund upon return of the item.

For any further information regarding statutory warranties, the Customer may contact the Company by mail, email, or telephone using the contact information provided above.

If the Company confirms that it will cover the product under the statutory warranty, resulting in the repair or replacement of the non-compliant product, the Customer must return the product to the Company for rectification by mail via a carrier chosen by the Customer; such return must be carried out and borne by the parties in accordance with the provisions of Articles L.217-4 et seq., D.217-1, L.241-6 et seq. of the Consumer Code. In this regard, the Company shall be required to reimburse the Customer for the shipping costs of the product for the purpose of bringing it into compliance within fourteen days at the latest from the date on which the Customer is informed that the product has been accepted under the legal warranty. The amount due in this respect is automatically increased by 10% if the reimbursement occurs no later than fourteen days after this deadline, by 20% up to thirty days, and by 50% thereafter.

The statutory warranty of conformity and the warranty against hidden defects apply independently of any additional commercial warranty that may be granted by the Company.

For any inquiries or complaints, the Customer should contact customer service at the following address: contact@poiray.com

The Customer service can also be reached by phone Monday through Thursday (10:00 a.m.–6:00 p.m., French time) and Friday (10:00 a.m.–5:30 p.m.) at +33 (0)1 42 97 99 16.

The Customer may also file a request for mediation under the conditions set forth in Articles L.611-1 et seq. of the French Consumer Code with AME Consumer Mediation: https://www.mediationconso-ame.com/.

AMEconso – 197, boulevard Saint-Germain 75007 Paris.

Furthermore, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has established an Online Dispute Resolution platform, facilitating the independent, out-of-court resolution of online disputes between consumers and businesses within the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.

The Website is the property of the Company. It is protected by international copyright laws and treaties, as well as by other international intellectual property laws and treaties.

All rights relating to the Website and the overall concept of the Company’s business, including their original and innovative nature, in particular intellectual property rights over texts, literary, artistic, and graphic works (including photographs) and audiovisual works, software developments, HTML developments, and other intellectual creations, and, more generally, all creations eligible for protection under intellectual property law, such as images, logos, layout, graphic guidelines, structure, usability, color schemes, typography, fonts, basic graphic elements, screen layout, page backgrounds, and the Site’s visual identity, belong to the Company or are lawfully used by the Company, without limitation.

The Customer agrees not to infringe, directly or indirectly, upon the Company, the Site, or the Company’s rights.

Accordingly, these Terms and Conditions do not constitute a transfer of the Company’s intellectual property rights, and the Customer acknowledges that he or she is not authorized to download, reproduce, display, modify, translate, and/or adapt, in whole or in part, whether for a fee or free of charge, all or part of the Site, as well as any of its constituent elements, nor to reproduce and/or display such translations, adaptations, and modifications, in whole or in part, whether for a fee or free of charge, without the Company’s prior written consent.

Any unauthorized reproduction of the Site’s content or these Terms and Conditions constitutes an act of infringement, punishable under Articles L335-2 et seq. of the Intellectual Property Code.

When using the Website and placing an order, the user’s personal data may be collected and processed in accordance with the terms described in the privacy policy available here (hereinafter the “Privacy Policy”).

The following provisions outline the Company’s key commitments regarding the protection of personal data for Customers placing orders on the Website.

The Company complies with the amended French Data Protection Act No. 78-17 of January 6, 1978, and Regulation (EU) No. 2016/679 of the European Parliament and of the Council of April 25, 2016, known as the “GDPR” (hereinafter collectively referred to as the “Applicable Regulations”).

13.1 Collection and Purpose

Placing an order requires the provision of certain personal information regarding the Customer, namely their last name, first name, mailing address, date of birth, phone number, and email address (the “Personal Data”).

Personal Data is necessary for the fulfillment of the order (both for its confirmation and for its processing and delivery) and to enable the Company to fulfill its obligations. Customers who do not wish to provide this information will not be able to place an order on the Site.

13.2 Retention Period for Personal Data

This Personal Data is retained for this sole purpose and therefore only to the extent strictly necessary and proportionate to the fulfillment of the identified purposes.

These Terms and Conditions are governed by French law.

Any dispute relating to the validity, interpretation, performance or non-performance of these Terms and Conditions which cannot be settled amicably shall be submitted to the competent French courts in accordance with the provisions of ordinary law.

The Terms and Conditions are updated regularly, in particular to take account of any changes to the Website or any legal, case-law, editorial and/or technical developments. The new T&Cs shall apply from the date of their publication on the Website and shall be brought to the Customer’s attention and accepted by the Customer upon completion of an order on the Website.

The applicable T&Cs are those in force on the date of the order.