Legal

TERMS AND CONDITIONS

General

Welcome and thank you for using www.xavierpiot.com (the 'site' or‘website’). In these terms and conditions ‘Xavier Piot’,‘Xavier Piot Company’ or ‘xavierpiot.com’ or‘we’, ‘us’, ‘our’ meansXavier Piot Limited.

Please read these terms and conditions carefully before using the site, you must agree with and accept all of the terms and conditions contained in this agreement and our Privacy Policy. If you do not accept these terms and conditions, you may not use the site. By accessing the site and/or placing an order, you signify your agreement to be bound by these terms and conditions and you consent to us using your information in accordance with our privacy policy.

If you have any questions, please contact us by using the ‘contact us’form on the website or by emailing info@xavierpiot.com

We reserve the right to make changes to these Sale Terms at any time. You will be subject to the Sale Terms in force at the time you place your order with us.

Information

Xavier Piot takes every care to ensure that descriptions, specifications and visual representations of its products on the website are as accurate and complete as possible. Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other items may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item. Colours may appear slightly different than when represented on the website. Due to the inherent nature of the Internet,errors, interruptions and delays may occur in the service at anytime. Accordingly, this website is provided As Is, without any warranties of any kind as we do not accept liability arising from any inaccuracy or omission in the information or interruption in availability. We cannot accept responsibility for colour variation caused by technical limitations, and due to the nature of some Xavier Piot products and the quality of the raw materials used in production, slight variations in colour and texture may occur.

Xavier Piot Ltd aims to continually improve the products available; therefore design changes may be made at any time. We will endeavour to keep this website up to date but information and designs provided are intended as a guide only and subject to change without notice.

All drawings, photos, descriptions, specifications and advertising issued on this website and any descriptions, photos or illustrations contained in XavierPiot’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the products described in them. They will not form part of the contract with you and no warranty or guarantee shall be expressed or implied in the contract with you in this regard.

Placing an Order

In the Checkout process, after entering your delivery and credit card details, you will have the opportunity to review the details of your order before clicking‘Place Order’ to finalise the transaction. Once you have placed your order we will send you an email confirming receipt of your order detailing the products you have ordered together with an order number (where a valid email address is provided). We recommend that you keep your ‘confirmation of order’ e–mail for your records. It is your responsibility to inform us immediately if there are any errors in your order.

Any orders you place with us will not be accepted and no contract will be formed between us until you have been instructed that said goods are available and these goods have been paid for and all applicable charges paid in full. No payment shall be deemed to have been received until we have received payment in cleared funds.

We reserve the right at all times and at our sole discretion to refuse to accept any orders.

All purchases made from Xavier Piot are for the personal or gift use of the buyer only and are not to be used for commercial purposes, re–sale or any other commercial benefit. Xavier Piot reserves the right to restrict multiple quantities of any item being shipped to any one customer or postal address.

If you wish to place an order for from the Les Jeux Sont Faits/Design YourOwn collection, you should note that we do not keep these items in stock due to the large number of possible permutations of metals, stones and numbers. These items will, on confirmation of your order, be made by hand at our factory. We will therefore only be able to offer an approximate delivery date based on information supplied by the factory, which may be as much as 6–8weeks. Delivery may, therefore, take as much as 6–8 weeks. Similarly, if you wish to order a Bespoke Jewellery item by changing the base metal or stone of one of our items from the other collections, these too will be made by hand at the factory and we will only be able to offer an approximate delivery date.

Availability

All products displayed on this website are available only whilst stocks last and may be withdrawn at any time. Display of an individual item on the website does not guarantee availability of stock. In the event that any product you have ordered is not available for despatch we will inform you via email or telephone. We will offer you either an alternative delivery date once stock has been replenished, an alternative item similar to the one ordered or the option of cancelling your order. Where this is part of a larger order, we will process and dispatch the available goods to you in the normal manner.

Price

The price that you pay for the product will be the price that is displayed on the website at the Checkout stage. All prices displayed are quoted in BritishPound Sterling (£/GBP) and, where applicable, are inclusive of UK VAT (ValueAdded Tax) but exclusive of any delivery charges.

Despite our best efforts, from time to time, some products listed on our site maybe mispriced. If the correct price of a product is lower than that stated on the website, we will charge the lower amount and send you the product. If the correct price is higher than that stated on the website, we will contact you and we reserve the right to cancel the order.

Any discounts we offer are time limited and are dependent on product availability.Accordingly, the price of such products may change from time to time.

Tax & VAT

We are required by law to collect VAT (currently 20.0%) on all orders to the UK and other countries in the European Union (EU). Any product that is shipped outside of the UK or the EU is not subject to a VAT charge and .VAT will be automatically deducted from your order at Checkout stage.

Unfortunately we are not currently able to exclude VAT for online purchases made byEU VAT–registered buyers, but our invoices will disclose VAT separately.

Orders that are being delivered outside of the European Union (EU) may be subject to import duties and taxes that are levied locally once your order reaches your country, and are not controlled by Xavier Piot Ltd. Any additional charges for customs clearance must be borne by you, we have no control over these charges and cannot advise what they may be. Customs policies vary widely from country to country, so for further information we advise you to contact your local customs office.

Please note that when ordering from xavierpiot.com you are considered the‘Importer of Record’ and must comply with all laws and regulations of the country into which you are receiving the goods.

Payment

We accept online payments using most debit and credit cards. If you would like to pay by bank transfer, please e–mail us in order to arrange payment. Please do not email us your debit or credit card information. We cannot be held responsible for any loss that might occur if you include card information in an email.

We feel it is important to have a high level of security available, so we use theSagePay Payment Service Provider system. To securely receive your payments over the Internet we use Secure Sockets Layer (SSL) technology, which is the standard Internet practice and means your details are protected. All transaction information passed between merchant sites and the SagePay systems are encrypted using 128–bit SSL certificates. Your details are not disclosed to any third parties without your consent. For more information you can visit www.sagepay.com.

Delivery

Our delivery charges are calculated according to the delivery address provided at the time of your order. We aim to despatch all orders placed before12pm (noon UK time) on the day of the order, Monday to Friday.

We will try our best to surprise you and deliver before the estimated date, however any delivery date or time specified by us in any quotation, despatch note or otherwise, is a best estimate only and we will not be liable to you for any loss or damage sustained by you if we fail to meet that timescale because of circumstances beyond our reasonable control.

Delivery charges vary by country and are calculated and displayed during the checkout process prior to payment being made. You will find delivery charges in the following paragraph.

We may employ a third party company as our carrier to make deliveries, our preferred carriers will often need your parcel to be signed for on delivery, so please ensure somebody is in to sign for the goods. If you are not in to receive goods, you can contact the courier to arrange a new delivery time. We can take no responsibility for any delivery problems arising from incomplete or incorrect address details supplied by you.

If you prevent delivery of the goods by, (for example) failing to supply the courier or your local customs, tax office with necessary information or documentation, or failing to pay local customs, taxes or courier’sadministration fees so your package is returned to Xavier Piot, any resulting return postage or courier’s administration fees incurred will be deducted from the amount refunded to you in respect of that order.

It may not be possible for us to deliver to some countries, if an order is received with a delivery address outside the area to which we can deliver, we will contact you.

We shall attempt to deliver the goods to the address you specify for delivery. You are responsible for making arrangements to receive the goods and if the goods are held at the post office or other delivery company's depot because no one was available when the goods were delivered then it is your responsibility to swiftly collect the goods. It is important that the addresses supplied by you to us are accurate.

Delivery address different to billing address

We are happy to deliver your goods to a location that is different to your billing address. To do this, simply enter the delivery address you require on the delivery page of the checkout process.

Multiple address deliveries

It is not possible to deliver Goods to multiple addresses on the same order. If you would like goods to go to more than one delivery address, please place separate orders for each address.

Delivery Costs and Time

The following shows our delivery charges and estimated delivery times:

Standard: FREE – 2 to 3 working days
Express: £6.00 – next day

Europe

Standard: £7.00 – 3 to 4 working days
Express: £12.00 – 1 to 2 working days

US/Canada

Standard: £14.00 – 4 to 6 working days
Express: £30.00 – 1 to 3 working days

Rest of the World

Standard: £14.00 – 4 to 6 working days
Express: £45.00 – 1 to 3 working days

Any order placed after 12pm (UK time) on Friday and during Saturday and Sunday or a public holiday will be despatched on the Monday of the following week.

We will use our reasonable endeavours to deliver the goods or services within the times indicated. However, where delivery times and dates are given, they are for general guidance only and we will not be held liable for late delivery of goods caused by circumstances beyond our reasonable control.

Damage or loss on the way to you

All Xavier Piot goods remain the property and responsibility of Xavier Piot until delivered to the specified delivery address and payment has been received in full. Items are insured against theft and accidental damage at no cost to the customer.

If you suspect your goods have been lost please contact our Customer Services team within 28 days of ordering.

Please inspect your goods at the place and time of delivery and notify us of any defects or any complaints immediately and in any case within 48 hours of receipt of the delivery. In the unlikely event that goods are damaged on their way to you, we shall ensure a replacement is sent directly to you, free of charge, where delivery has been made by our carrier, provided that you give us written notification of such damage. Any damaged items should be return to us,following the Return policy.

Cancelling, Returning or Exchanging

How to cancel your order

You can cancel your order at any time up until it has entered the shipping process. To cancel your order, please do so as soon as possible in writing:info@xavierpiot.com.

If the order has not been dispatched, we will cancel it immediately and process are fund, which will be made in the same way as the original payment method,excluding any delivery costs.

If you choose to exercise your right of cancellation of your order after the goods have been delivered to you, we will offer a refund or exchange, depending on stock availability, on any unworn/unused goods (faulty or otherwise) within 28 days of order, provided that, where delivery has taken place, you have returned the goods to us in the same condition that they were delivered.

If you have ordered any service from us – including manufacture of bespoke jewellery – you have seven working days after the day that you place your order in which to cancel. However your right to cancel any service ends when our performance of the service starts even if that is within your cancellation period. In the case of bespoke jewellery, the start of performance of the service shall be deemed to be the confirmation of receipt of your order.

How to Change an order

If you wish to change your order you are able to do so if you have not yet received an email confirming your order has been dispatched.

To change an order, please contact us at info@xavierpiot.com with your order number. Please note, as we generally process and prepare your order for despatch immediately, you may not be able to change your order, but instead please follow our Returns process.

Under the United Kingdom’s Distance Selling Regulations, you are also entitled to cancel the contract for purchase you have made with Xavier Piot for seven days after ordering. We will refund any postage charge if we are notified or receive goods back within seven days of despatch. If you wish to cancel the contract of purchase after these seven days, this will be dealt with asReturn.

How to exchange an item

If you are exchanging a product and the value of the new item is less than that of the one you are returning, we will refund the difference via your original payment method.

If exchanging goods and the value of the new item is greater than that of the one your are returning, additional payment will be required.

Upon exchanging a product, you will be eligible to pay a new postage and packaging charge. Please also retain your original invoice as this may be asked for as proof of purchase.

How to return an item

Should you wish to return an item, we are happy to offer an exchange or refund where possible, provided items are returned to Xavier Piot within 28 days of receipt. All returns must be in perfect condition, and with their original packaging. We are unable to offer any exchanges or refunds on items that are scratched, damaged or that are not in their undamaged original complete packaging. In these situations, the items will be returned to you at your own cost.

Please send your returns to: Xavier Piot Ltd. ReturnsNo. 5 Western gate, Hillmead Enterprise Park, Swindon, Wiltshire, SN5 5WN, UnitedKingdom.

We recommend that you wrap your items safely and securely to avoid damage intransit back to us. We also recommend returns by courier, recorded or special delivery. It is advisable to obtain a proof of posting certificate if using the Post Office and arrange the necessary compensatory cover for the items, as we will not be liable for any damage or loss during transit.

Except in cases of damaged, faulty or misdescribed goods, customers are obliged to meet all expenses of returning goods. If a refund is required, this will be made in the same way as the original payment method.

Customers outside the European Union

The same terms and conditions as above apply except that we will be unable to refund the original shipping cost that was charged to you when you placed your order. In addition, we will charge you a further amount that will be advised to you if you ask us to ship goods to you as an exchange unless the goods that were originally supplied to you are faulty. We will also charge you for any taxes or duties incurred as a result of your returning them.

Corporate gift and special orders

For special orders or personalization of cufflinks, please visit our ‘bespoke jewellery’ section. Use the form to contact us for details of what is possible and pricing. We will aim to have your own personalised jewellery design handcrafted and sent to you very quickly. When you send us your request, we will be able to let you have a quotation and estimated delivery date.

Limitation of Liability

Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our servants, agents or employees.

However, we will not be liable for any loss of revenue, loss of profit, loss of contract, loss of business or any anticipated savings, loss of goodwill or reputation, or any special, indirect or consequential damages (however arising,including negligence) arising out of or in connection with this agreement.

We also have no liability of any sort (including for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.

These terms and conditions do not affect your statutory rights (if appropriate) asa consumer.

To the extent permitted by applicable law, our aggregate liability (whether in contract, tort or otherwise) for any loss or damage shall, in any event, be limited to a sum equal to the amount paid for the product in question.

Indemnity

You agree to indemnify and hold us and our affiliates and agents and our and the irrespective officers, directors and employees harmless from any claim or demand,including legal fees, made by any third party due to or arising out of your breach of this agreement or your violation of any law or rights of a third party.

Copyright & Trademarks

Our trademarks include the Xavier Piot name and logo. These trademarks may be in use and/or registered in more than one country and your use and access of our website does not give you any rights to use our trademarks.

All other trademarks are the property of their respective owners.

All content included on this website – including, without limitation, the trademarks (whether registered or not), logos, graphics, text, photos, any designs comprising the products or any part of them, logos, icons, images, data and software – is the property of Xavier Piot Ltd, its affiliates and licensors and as such is protected by international and UK copyright and other intellectual property laws.

This website is operated by Xavier Piot Ltd. Any copyright or other intellectual property in these web pages is owned by, or licensed to us. You are absolutely prohibited from reproducing all or any part of the contents of this website unless specifically agreed in writing by us.

You may not include a link to our website or display the contents of our website surrounded or framed or otherwise surrounded by material not originating from us without our consent.

Xavier Piot will endeavour to allow uninterrupted access to this website, but due to the nature of the Internet and other factors, access may be suspended,restricted or terminated at any time.

We may change any aspect of www.xavierpiot.com at any time without letting you know. You agree to be bound by such updates and you agree to visit this page from time to time to check such changes.

Links to other organisations

On this website you may be offered, as a convenience to you, automatic links to other websites and resources provided by third parties. Whilst we hope you will be interested in those websites, you acknowledge that their owners may be independent from us and we have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

No mention of any organisation, company or individual, whether on these pages or on other websites to which these pages are linked shall imply any approval or warranty by us as to the standing and capability of such organizations, companies or individuals.

We take no responsibility for anything that might occur when you visit any other website. When you click on a link you will leave this website.

Governing Law

These terms of use, contracts for the purchase of products made via our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non–contractual disputes or claims) are governed by and construed in accordance with English law and you agree that the English courts will have exclusive jurisdiction for any dispute under this agreement.

The laws of your country may be different from English law and there may be additional legal requirements for you to use our website or services. You must comply with all applicable local and international laws, statutes, ordinances and regulations regarding your use of our website and services.

We cannot monitor the laws of every country and it is your responsibility to ensure that your use of our website and services is legal.

No waiver by us of any breach of the Contract by you, is considered as a waiver of any subsequent breach of the same or any other provision.

Privacy Policy

At Xavier Piot, we are committed to protecting your privacy and all the requirements of the UK Data Protection Legislation. When you shop on our site we require information to process your order, ensure safe and secure delivery, and to make your visit to xavierpiot.com a more enjoyable shopping experience.

When you order, we will ask for your name, email address, delivery address,telephone number that will be passed on our couriers in the event they need to contact you regarding your delivery, credit or debit card number, registered address of the credit card, credit card, CVC number and the card’s expiry date.

We do not sell, trade or rent your personal information to other companies outside our company. Any data we do collect is used by us to help making the shopping experience we provide as enjoyable as possible and improve any future shopping experiences you have with Xavier Piot, and to send you details of any services or offers which we think might be of interest to you.

By using this website, you consent to the collection and use of this information byXavier Piot, and also acknowledge and agree that we shall not be held responsible for any unauthorised use, distribution, damage or destruction or personal data,except to the extent that we are required to accept such responsibility by the DataProtection Act of 1998.

From time to time we may revise our Privacy Policy. If we decide to do so we will post the changes on this page so that you are always aware of what information we collect, how we use it and under what circumstances we disclose it.

You may elect to sign up to receive email updates and newsletter about our products and promotions, or provide contact information when registering with us. Your online Xavier Piot username and password are personal to you and should not be transferred. Any breach of security of this password or username must be reported to Xavier Piot immediately.

If at any time you would like us to remove you from our email mailing list or registration database, please contact us via email, including your full name and the email address used when accessing or ordering from our site.

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