These presents General Conditions of Sale (hereinafter “ GTC ”) define the terms and conditions of a distance selling contract via the Online Store located at WWW.ODACE.CO or via any physical ODACE point of sale, temporary or not:

BETWEEN

Any person making a purchase via the website: www.odace.co or via any physical ODACE point of sale, (hereinafter the “ Customer ”)

AND

The company ODACE SAS registered under SIRET number 90471509100016 with the Paris Trade and Companies Register and domiciled at 6 rue d'Armaillé, 75017 Paris, France (hereinafter the “ Seller ”).

Article 1 – Purpose and Scope of Application

These General Conditions of Sale apply in the case of distance selling of Products by the Seller via its online store located at the address WWW.ODACE.CO or via any ODACE physical point of sale (hereinafter the “ Shop ”) to a Customer (hereinafter the “ Customer ”). These General Terms and Conditions define the reciprocal rights and obligations of the Seller and the Customer in the event of a remote purchase of jewelry products for sale on the Seller’s online Shop (hereinafter the “ Products ”) or in the event of a purchase of jewelry products via any ODACE physical point of sale.

The General Terms and Conditions set out the rights and obligations of the Seller and the Customer (hereinafter commonly referred to as the " Parties ") in connection with an order placed by the Customer via the Seller's Online Store, without prejudice to the application of the provisions of the French Consumer Code specific to the Customer as a Consumer. By placing an order on the Seller's Online Store, the Customer acknowledges having read and accepted these General Terms and Conditions. The General Terms and Conditions in force at the time the order is placed by the Customer on the Online Store are deemed to have been accepted without reservation by the Customer. If the Customer waives acceptance of these General Terms and Conditions, the said order is deemed null and void.

The Seller reserves the right to modify or update these General Terms and Conditions, which is why the Seller strongly recommends that its Customers systematically reread the General Terms and Conditions before placing any order on the Online Store. The date of the last update of these General Terms and Conditions appears at the top of this page in bold.

The T&Cs do not apply in cases where:

• The Customer places an order on the Online Store as a natural person or legal entity for professional purposes.
• The Customer places an order on the Online Store as a Professional as defined in the Preliminary Article of the French Consumer Code.

Article 2 – Order

To place an order via the Online Store, the Customer must follow the following steps:

1. Go to the Shop at: odace.co
2. Select the desired Products and options if applicable
3. Fill in payment and delivery information
4. Validate the order verification step indicating the price to pay and the delivery terms of the order
5. Follow the payment instructions

Once the ordering steps have been completed via the Online Store, the Customer will receive confirmation of the Seller's order by email. In the absence of confirmation of the order from the Seller, the distance selling contract is deemed null and void, and the Customer is assured that no sum of money will be taken from him for the payment of this order, or if the payment has already been made, the Customer is assured that the total amount paid for the order will be returned to his bank account.

Any order placed on the Seller's Online Store constitutes a distance selling contract between the Customer and the Seller. The Parties are bound by a distance selling contract as defined in Article L221-1 of the French Consumer Code from the moment the order is confirmed by the Customer after viewing the details and final price of this order. These General Terms and Conditions apply to the sales contract between the Seller and the Customer. The Seller reserves the right to accept or refuse any order placed by a Customer. The Customer acknowledges that they are over 16 years old to place an order on the Online Store.

Article 3 – Products

1 – Description of the Products

The Seller undertakes to provide the most accurate description and presentation possible of the essential characteristics of each Product displayed on the Online Store. The digital content made available to the Customer for the description of the Products, such as photos, videos or any other form of graphic illustration of the Products, is presented to the Customer for illustrative purposes only and cannot be binding on the Seller in a contractual capacity. The Customer is therefore required to refer to the written description of the Products in order to know the exact description of the Products displayed on the Online Store.

In the event of an error in the display or description of the Products, the Seller reserves the right to correct them at any time and will endeavor to notify the Customer in order to offer them:

• either to renounce the purchase of the Product in question
• either to confirm the purchase with regard to the modifications made to the description of the Product in question

If the Customer does not respond to the Seller within 7 days in the event of a correction or change to the description of a Product, the Customer is deemed to have withdrawn from the purchase.

2 – Unavailability of Products

The Seller cannot be held responsible for the unavailability of a Product. The Seller reserves the right to withdraw a Product from the Online Store at any time. In the event that one of the Products ordered by the Customer becomes unavailable even though the order has been confirmed by the Seller, the Seller undertakes to contact the Customer as soon as possible to offer:

• or the replacement of the unavailable product with a similar product at an identical substitute price.
• or the reimbursement of the unavailable product by the Seller to the Customer within thirty days.

3 – Customized products at the Customer’s request

Certain Products can be personalized with an engraving at the request of the Customer at the time of ordering when the Customer clicks on the option “I would like to have my jewelry engraved”.

Each request for customization of Products by the Customer is final and cannot be changed once the order has been sent to the Seller. The Customer remains fully responsible for the customization requests submitted to the Seller.

Article 4 – Price

The prices of the Products are displayed on the online store with the description of each product and at the time of the order summary. The price displayed corresponds to the price of each Product, all taxes included and excluding delivery costs. Delivery costs are indicated at the time of the order summary and are included in the total price of the order. Delivery costs may vary depending on the type of delivery chosen. The total price of each order is payable in euros (€).

The Customer is required to pay the price per Product displayed on the Online Store at the time of placing the order. However, the Seller reserves the right to modify the prices of the Products at any time.

Article 5 – Payment

Payment corresponds to the payment of the total amount including all taxes for the Products and delivery if this is payable. The different payment methods accepted on the Seller's Online Store appear at the time of the order payment summary. Bank transfers may be accepted as a means of payment on the Online Store when the Seller agrees to this in writing with the Customer. The Customer is required to pay the total amount of the order once it has been placed via the Online Store and in particular once the Customer's banking information has been collected for cases of payment by bank transfer.

Article 6 – Exchanges

1 – Exchanges accepted for certain Products

Exchanges are accepted by the Seller without reason within 30 days from the date of receipt of the order by the Customer, for the following Products:

• Earrings;
• Necklaces;
• Bracelets;
• Rings, only for resizing requests.

An exchange of a Product “earrings”, “necklace”, or “bracelet” means the return of the Product ordered by the Customer in exchange for another Product. In the context of an exchange of a Product “earrings”, “necklace”, or “bracelet”, the Seller offers a purchase voucher equivalent to the market value including all taxes of the exchanged Product(s) valid for 1 year on the Online Store from receipt of the exchanged Products, if the Products are returned in their original condition with their certificate of authenticity issued by the Seller and in accordance with the conditions provided for in the last paragraph of Article 7 §1 of these General Terms and Conditions.

An exchange of a "ring" Product means the return of the Product ordered by the Customer in exchange for the same Product at a maximum of 2 sizes larger or 2 sizes smaller. Exchanges of "ring" Products are not accepted by the Seller if the Product requested for exchange is more than 2 sizes larger or 2 sizes smaller. The Customer is requested to refer to the size guide to find out whether a purchased "ring" Product is eligible for an exchange or not.

2 – Return or exchange instructions

In the event of a return or exchange request, the Customer must contact the Seller by email at the address hello@odace.co . The Seller will provide a shipping receipt and shipping instructions to follow for the exchange of the Products. The Customer agrees to return the desired Products with their original packaging and certificate of authenticity provided by the Seller, guaranteeing the proper transport and security of the Product. Shipping costs for returned Products and new Products are the responsibility of the Customer.

Article 7 – Returns for customization

The Customer may return to the Seller Products that have not yet been personalized with an engraving in order to add a personalized engraving to the Product previously ordered by the Customer on the Online Store. To do this, the Customer must notify the Seller within a maximum period of 1 year from the date on which the Customer placed his order on the Online Store.

In the event of a request to return Products for the addition of a personalized engraving, the Customer must contact the Seller by e-mail at the address hello@odace.co . The return of a Product by the Customer in order to add a personalized engraving is charged to the Customer €40 all taxes included. The return of the Product to the Customer is the responsibility of the Seller.

However, Products that have been personalized engraved at the Customer's request cannot be returned or exchanged by the Customer. Therefore, the Seller recommends that the Customer does not add personalized engraving at the time of purchase if the Customer is unsure of the choice of model or size of the Product ordered.

Article 8 – Delivery

1 – Price

Delivery costs are free of charge for orders delivered to France and the European Union. However, delivery costs are the responsibility of the Customer for orders delivered abroad outside the European Union.

For orders to a country outside the European Union, the Customer may be asked to pay additional customs fees not provided for at the time of payment of the order if applicable. Any payment of customs fees relating to the delivery of Products ordered by the Customer shall be borne by the Customer.

2 – Deadlines

The delivery time for an order on the Online Store appears at the time of the order summary step before proceeding to payment of the order. The Seller undertakes to ship the Customer's order once it has been paid in full, the Seller has been notified, and the Products ordered by the Customer have been prepared and manufactured, and this within a maximum period of 4 to 6 weeks.

The Seller undertakes to ensure delivery of the order within the timeframes specified at the time of the order summary; however, this delivery time may be extended in the event of a problem with the supply of materials necessary for the manufacture of the Products, excessive delays in the Product manufacturing workshop, or delays by the carrier. If the delivery time indicated by the Seller at the time of the order summary is exceeded, the Customer may request a refund of the full amount paid for the order from the Seller. The Customer must notify the Seller by email. Upon receipt of the cancellation notice, if the Products have not already been shipped, the Seller must reimburse the Customer within 14 days. Upon receipt of the cancellation notice, if the Products have already been shipped by the Seller, the Customer undertakes to return the Products shipped by the Seller and the refund will be made within 14 days from the date of receipt of the Products returned to the Seller. In this case, the costs of returning the Products to the Seller are the responsibility of the Seller.

3 – Conditions

Orders are delivered via DHL or Colissimo for parcels shipped to the European Union. Delivery may be made by another carrier for express deliveries as well as for deliveries outside the European Union. The general terms and conditions of the carrier handling the delivery of the order placed on the Online Store apply to delivery. In the event of the absence of a recipient at the address chosen by the Customer for delivery, the carrier will leave a delivery notice notifying the recipient of the attempted delivery. Delivery is considered complete once the order is received at the address chosen by the Customer when placing the order.

Some orders may be shipped in multiple shipments, separating the Products for shipment. For orders requiring separate shipment of certain Products, the order is considered received once all Products have been received.

The Customer is required to check the condition of the package and the Products it contains. If the package is visibly damaged, the customer may refuse the package to the delivery person. The Customer must inform the carrier by registered letter within three (3) days of receipt of the package and inform the Seller by attaching a copy of the letter sent to the carrier.

Article 9 – Right of withdrawal

1 – Definition and extinction

In accordance with the provisions of the Consumer Code annexed below, in the context of a purchase made by a Customer as a non-professional on the Seller's online Store, the Customer has a period of fourteen days calendar from receipt of the Product(s) ordered from the Online Store to exercise, with the Seller, his right of withdrawal without prejudice or justification.

If this fourteen-day period ends on a Sunday, public holiday or non-working day, this period is extended until the next working day. As some orders may be shipped in several installments, the fourteen-day period begins on the day the last Product is received.

2 – Exercise

The right of withdrawal allows a refund of the total price paid by the Customer for one or more Products, including all taxes and delivery, without justification or prejudice. Additional costs resulting from a choice of delivery method other than the delivery method recommended by the Seller cannot be refunded. Only the cost of the delivery method recommended by the Seller will be refunded under the right of withdrawal. The right of withdrawal is exercised even on promotional products. In the event of exercising the right of withdrawal, the Customer must return the desired Products in packaging guaranteeing the proper transport and security of the Product with the withdrawal form attached (Annex 3 of the General Terms and Conditions) as well as their original packaging and the certificate of authenticity issued by the Seller to the address:

ODACE SAS

6 rue d'Armaillé, 75017 Paris, France

Or by email to: hello@odace.co

The Seller undertakes to reimburse the Customer within fourteen days of the Customer. The Customer's reimbursement is considered to have been made as soon as the Customer has received the corresponding amount through the payment method used for the payment of the order. If the fourteen days to reimburse the Customer are exceeded, the Seller is liable to the legal interest rates provided for in Article L242-4 of the Consumer Code.

3 – Exceptions

In accordance with the provisions of the Consumer Code annexed below, in the context of a purchase made by a Customer as a non-professional on the Online Store, the Customer cannot exercise his right of withdrawal for Products clearly personalized according to the Customer's specifications such as Products personalized with an engraving, or Products manufactured specially at the request of the Customer and not appearing in the Seller's catalog. 

Article 10 – Guarantees

1 – Legal guarantee of conformity (Consumer Code)

When purchasing Products through the Seller's Online Store, the Customer benefits from a legal guarantee of conformity. To act under the legal guarantee of conformity, the Customer, as a Consumer:

• benefits from a period of two years from delivery of the goods to act;
• may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code;
• is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods. This period is extended to twenty-four months from March 18, 2016, except for used goods.

To exercise their right to the legal guarantee of conformity, the Customer must only contact the Seller's customer service, whose contact details are available on the Online Store website, by providing proof of purchase of the Product on the Seller's Online Store with their certificate of authenticity issued by the Seller. To make a return under the legal guarantee of conformity, the Customer must only contact the Online Store's customer service at the following email address: hello@odace.co , with proof of purchase of the Products with their certificate of authenticity issued by the Seller. The Online Store's customer service will provide the instructions to follow.

The legal guarantee of conformity applies regardless of any manufacturer or commercial warranty that may have been granted.

2 – Legal guarantee of hidden defects (Civil Code)

The Customer, as a consumer, may decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code. In application of the legal guarantee of hidden defects, the Customer has a period of two years from the date of discovery of the defect to contact the Seller and notify him of the discovery of a defect. A defect is a fault in the Product that makes it unfit for the use for which it is normally intended.

The Customer may choose between cancellation of the sale, either a refund including all taxes and delivery, or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

To exercise his right to the legal guarantee of hidden defects, the Customer must only contact the Seller's customer service, the contact details of which are available on the Online Store website, by providing proof of purchase of the Product on the Seller's Online Store. To make a return under the legal guarantee of hidden defects, the Customer must only contact the Online Store's customer service at the following email address: hello@odace.co , with proof of purchase of the Products. The Online Store's customer service will provide the instructions to follow.

3 – Exercise of the manufacturer’s warranty right

The Products sold on the Online Store by the Seller may be subject to a warranty issued by the manufacturer of these Products. If offered by the manufacturer, the warranty period for each Product is indicated in its description. Once the manufacturer's warranty period indicated in the Product description has expired, the return of the Product is no longer possible unless the Customer's right of withdrawal applies. To exercise their warranty rights, the Customer must only contact the Seller's customer service, the contact details of which are available on the Online Store website, providing proof of purchase of the Product on the Seller's Online Store.

The manufacturer's warranty for the Products does not apply to Products whose installation or assembly is carried out under the sole responsibility of the Customer. Installation and assembly under the sole responsibility of the Customer is necessary for cases where the Products are delivered in spare parts. In these cases of Products delivered in spare parts, assembly is carried out in light of the documents and recommendations provided by the Seller. In these cases, the Seller is not responsible for the installation, assembly or use of the Product that does not comply with its description, the Seller's instructions and recommendations for the Product, or the standards in force.

To make a return under a manufacturer's warranty, the Customer must only contact the Online Store's customer service at the following email address: hello@odace.co , with proof of purchase of the Products. The Online Store's customer service will provide the instructions to follow.

Article 11 – Transfer of ownership

The Product(s) ordered by the Customer become the property of the Customer upon payment of the full amount of the order, including all taxes and delivery.

Article 12 – Partial nullity

If one or more of the provisions of these General Terms and Conditions are deemed invalid pursuant to a standard in force or a final decision from a competent court, the provisions not affected by this invalidation shall remain applicable in their entirety.

Article 13 – Applicable Law and Jurisdiction

These General Terms and Conditions are subject to French law. In the event of a dispute between the Customer and the Seller, the parties shall seek an amicable resolution of the dispute by resorting to a Mediator. The contact details of the competent Mediator in the event of a dispute between the Seller and a Customer are available at the following address: https://www.mediation-franchise.com . Any dispute relating to the interpretation and/or execution of these T&Cs falls under the jurisdiction of the French courts.

MERCASAFE© User License: MS 1001-179011

Appendix 1: Consumer Code

1 – Abusive clauses

Article L132-1, Amended by Order No. 2016-131 of February 10, 2016 – art. 6 , Repealed by Order No. 2016-301 of March 14, 2016 – art. 34 (VD)

In contracts concluded between professionals and non-professionals or consumers, clauses which have the object or effect of creating, to the detriment of the non-professional or the consumer, a significant imbalance between the rights and obligations of the parties to the contract are abusive.

A decree in the Council of State, taken after advice from the commission established in Article L. 534-1 , determines a list of clauses presumed to be abusive; in the event of a dispute concerning a contract containing such a clause, the professional must provide proof of the non-abusive nature of the disputed clause.

A decree issued under the same conditions determines the types of clauses which, given the seriousness of the damage they cause to the balance of the contract, must be regarded, irrefutably, as abusive within the meaning of the first paragraph.

These provisions apply regardless of the form or medium of the contract. This applies in particular to purchase orders, invoices, guarantee vouchers, delivery slips or notes, tickets or tickets, containing freely negotiated or non-freely negotiated stipulations or references to pre-established general conditions.

Without prejudice to the rules of interpretation provided for in  Articles 1188, 1189, 1191 and 1192 of the Civil Code, the unfair nature of a clause is assessed by referring, at the time of conclusion of the contract, to all the circumstances surrounding its conclusion, as well as to all the other clauses of the contract. It is also assessed with regard to those contained in another contract when the conclusion or execution of these two contracts legally depend on each other.

Abusive clauses are deemed unwritten.

The assessment of the abusive nature of the clauses within the meaning of the first paragraph does not relate to the definition of the main object of the contract nor to the adequacy of the price or remuneration for the goods sold or the service offered, provided that the clauses are drafted in a clear and comprehensible manner.

The contract will remain applicable in all its provisions other than those deemed abusive if it can subsist without said clauses.

The provisions of this article are of public order.

2 – Right of withdrawal

Article L121-20-12, Amended by LAW No. 2010-737 of July 1, 2010 – art. 59 , Transferred by LAW No. 2014-344 of March 17, 2014 – art. 9 (V)

I.-The consumer has a period of fourteen calendar days to exercise his right of withdrawal, without having to provide a reason or incur penalties.

The period during which the right of withdrawal may be exercised begins to run:

1° Either from the day on which the distance contract is concluded;

2° Either from the day on which the consumer receives the contractual conditions and information, in accordance with Article L. 121-20-11 , if this latter date is later than that mentioned in 1°.

II.-The right of withdrawal does not apply:

1° To the supply of financial instruments mentioned in Article L. 211-1 of the Monetary and Financial Code as well as to the services of reception-transmission and execution of orders on behalf of third parties mentioned in Article L. 321-1 of the same code;

2° To contracts executed in full by both parties at the express request of the consumer before the latter exercises his right of withdrawal;

3° To the real estate credit contracts defined in Article L. 312-2 ;

4° To the reverse mortgage loan contracts defined in Article L. 314-1 .

III.-This article does not apply to the contracts mentioned in article L. 121-60 .

IV.-For the assigned credit contracts defined in 9° of article L. 311-1 concluded using a remote communication technique, the fourteen-day withdrawal period cannot be reduced.

The exercise of the right of withdrawal shall only automatically terminate the contract of sale or provision of services if it occurs within seven days of the conclusion of the credit agreement. In addition, when the consumer, by express request, requests the immediate delivery or provision of the goods or provision of services, the exercise of the right of withdrawal shall only automatically terminate the contract of sale or provision of services if it occurs within three days of the conclusion of the credit agreement. Any early delivery or provision shall be the responsibility of the seller, who shall bear all risks.

Article L221-28, Created by Order No. 2016-301 of March 14, 2016 – art.

The right of withdrawal cannot be exercised for contracts:
1° Of the provision of services fully performed before the end of the withdrawal period and the performance of which began after the express prior agreement of the consumer and express waiver of his right of withdrawal;
2° Supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
3° Supply of goods made according to the consumer's specifications or clearly personalized;
4° Supply of goods likely to deteriorate or expire rapidly;
5° Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6° Supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items;
7° Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
9° Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10° Supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
11° Concluded at a public auction;
12° Provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a specific date or period;
13° Supply of digital content not supplied on a physical medium, the execution of which has begun after the express prior agreement of the consumer and express waiver of his right of withdrawal.

3 – Legal interest rates

Article L242-4, Created by Order No. 2016-301 of March 14, 2016 – art.

When the professional has not reimbursed the sums paid by the consumer, the sums due are automatically increased by the legal interest rate if the reimbursement occurs no later than ten days after the expiry of the deadlines set out in the first and second paragraphs of Article L. 221-24 , by 5% if the delay is between ten and twenty days, by 10% if the delay is between twenty and thirty days, by 20% if the delay is between thirty and sixty days, by 50% between sixty and ninety days and by five additional points per new month of delay up to the price of the product, then by the legal interest rate.

4- Legal guarantee of conformity

Article L217-4, Created by Order No. 2016-301 of March 14, 2016 – art.

The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.
It is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been made its responsibility by the contract or has been carried out under its responsibility.

Appendix 2: Civil Code

Article 1641, Created by Law 1804-03-06 promulgated on March 16, 1804

The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.

Article 1644, Amended by Law No. 2015-177 of February 16, 2015 – art. 10

In the case of Articles 1641 and 1643 , the buyer has the choice of returning the item and having the price refunded, or of keeping the item and having part of the price refunded.

Appendix 3: Withdrawal Form

We would particularly like to remind you that these General Conditions of Use and Sale may be updated, which is why we ask you to pay particular attention to the content of these General Conditions of Use and Sale, as well as their date of last update available at the top of the page.