1. GENERAL

The following terms and conditions and any other related rules that are adopted by Auvere and made available as provided therein (collectively, the “Conditions of Sale”) shall apply to all sales of products that you (the “Customer” or “you”) may order from Auvere, with its corporate headquarters at 750 Third Avenue, Suite 702, New York, NY 10017, U.S.A. (“Auvere”, or referred to herein as “us”, “our” or “we”) on the Internet via the Auvere Website, identified by the domain name www.auvere.com (the "Site") or by phone (866-317-7779) via Customer Support of Auvere (“Customer Support”).

These Conditions of Sale apply to all sales made. Please read these Conditions of Sale and check our Site on a regular basis to be informed of any changes. Auvere may modify the Conditions of Sale from time to time at its sole and absolute discretion and your continued use and/or registration following such change will signify your agreement to be bound in the future by the modified Conditions of Sale. The Conditions of Sale applicable to any order placed through our Site or Customer Support are those in force at the time that an order has been placed on your behalf by a Customer Support representative (in the case of an order placed through Customer Support) or at the time you place your order (in the case of an order placed through the Site).

Persons wishing to use our Site or Customer Support will also be deemed, by virtue of such use, to have agreed to be bound by our Site Terms of Use and our Privacy Policy, which are incorporated into these Conditions of Sale by reference.  Customers using the Customer Support will be provided with access to our Privacy Policy as set forth in “Acknowledgment of Order” below.  If you do not agree to any change to the Conditions of Sale, then you must immediately contact Customer Support to cancel your registration and refrain from ordering any Auvere product through our Site or Customer Support.

2. PURCHASING ELIGIBILITY

Only individuals (and not legal entities) who (a) have reached the age of legal majority (eighteen in most states), and (b) have the legal capacity to enter into contracts may order products through Customer Support or on the Site.  If you are under the age of majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and thereby assent to these Conditions of Sale.  Any orders placed in violation of this provision shall be disregarded and null and void.

By placing an order through Customer Support or on the Site, you represent and warrant that you are a bona fide end-user customer and will not deliver, sell or otherwise distribute Auvere products or purchase Auvere products for commercial purposes or any other commercial benefit.

3. PRODUCT AVAILABILITY; QUANTITY

All orders placed through the Site are subject to availability and acceptance by Auvere.

Auvere reserves the right to change the assortment of items offered on the Site or through a member of our Customer Support Team and may limit from time to time the quantity of Auvere products that may be ordered by a Customer in a single buying session, without prior notice.

Customer Support and the product pages on the Site can provide you with information regarding products that are currently available for sale through those channels.  Please note that only merchandise displaying an “Add to Shopping Cart” icon is available for sale through the Site.  You may also call Customer Support at 866-317-7779 or email them at support@auvere.com in order to obtain further information about product availability and to assist you with your purchase.

4. ACCOUNT REGISTRATION; PERSONAL INFORMATION; GUEST CHECKOUT

In order to place an order on the Site, you must either register and create an online account on the Site, or place an order as a guest without creating an online account by selecting the "Guest Checkout" option. In order to create this account, you will be required to provide valid and up-to-date personal information, including your full legal name, phone number and e-mail address.

If you select the “Guest Checkout” option, you will have the option to create your Auvere online account upon receiving the Order Confirmation. Please note that in such a case, your Auvere online account will not include transactions made prior to the creation of your account.

Upon completion of your account registration on the Site or by a member of our Customer Support Team, you will receive by email a one-time password, which will allow you to log in to your account on the Site and create a permanent account login and password.  You will also receive a second email summarizing the personal information you provided in registering for your online account.  You are responsible for ensuring that your password and/or account login are kept secret, safe and secure at all times. Auvere will not be held responsible or liable for any misuse of your account in connection with, and/or resulting from, a third-party’s access to and use of your password and account login.

Please refer to our Privacy Policy and Section 7 of these Conditions of Sale for more details about how we may use your personal information. If you select the “Guest Checkout” option on the Site, your online account will not be created and we will not use your personal information for any purpose other than to process your order.

When placing an order on the Site you will be required to provide other personal information as applicable, such as shipping address, billing address and payment details. Additional information may be collected by Auvere or its third-party providers at this time for security and anti-fraud purposes.

You represent and warrant that the personal information you provide to Customer Support or via the Site is true, valid, complete, accurate and up-to-date in all respects, and you confirm that you are the person referred to in the shipping and billing information provided.

Should any of the information you provide to Customer Support or on the Site change, please log in to your account and update such information directly on the Site, inform Customer Support at 866-317-7779 or notify Auvere at the following e-mail address: Support@auvere.com, or as set out in our Privacy Policy.

5. ORDERS

If you are ordering on the Site, orders will be processed as follows: Once you have chosen a product, click on the “Add to Shopping Cart” icon to place this product in your shopping cart.  You may then decide to continue shopping for other products and add them to your shopping cart (subject to availability and quantity limits) or proceed to “Checkout” by clicking on this button.  You may also remove one or more products you have selected by clicking on "X" next to the chosen product in the Shopping Cart.  Once on the payment page, review your order details and personal information (including email, shipping address, billing address and payment information), check the box next to “I have read and I accept the Conditions of Sale”.  Then, click on “Pay Now” to place your order.

Notwithstanding anything to the contrary provided for herein, Auvere reserves the right to refuse, cancel or terminate orders at any moment in time. For example, Auvere may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if Auvere suspects, in its sole discretion, that you have engaged in fraudulent or grey market activities or have otherwise violated these Conditions of Sale.

6. PRICES, TAX AND SHIPPING COSTS

All prices shown on the product pages of the Site or quoted by Customer Support are in U.S. Dollars.

Auvere reserves the right to modify prices and delivery costs at any time without prior notice. The price of a product and delivery costs displayed on the Site or quoted by a member of our Customer Support Team, at the time Auvere provides you with a Confirmation of Order, will be honored by Auvere. Any description and information concerning the weight of precious materials and the number of stones and carats are provided as a reference and may vary.

Actual shipping costs and applicable taxes will be reflected on your payment page before you are asked to confirm and place your order (in the case an order from the Site) and will also be reflected in the Confirmation of Order described in Section 9 below. Delivery costs, if any, are described in the shipping policy set forth below. Sales and use taxes will vary based on the location to which products are being shipped.  Delivery costs and estimated sales and use taxes are not stated on the product pages but will be added to the product price, if applicable after you have chosen your delivery location and options.

The actual sales tax associated with your purchase will be calculated at the time when your order is to be shipped, at which point you will receive a Confirmation of Order.  Please note that changes to applicable law between the date your order is placed and the date you are sent a Confirmation of Order may result in changes to the sales tax associated with your purchase.  If the resulting change is an increase in the sales tax you are charged, we will contact you and ask that you reconfirm your purchase.

7. PAYMENT BY CREDIT CARD OR PAYPAL

Auvere accepts the following credit cards: Visa, MasterCard, American Express, and Discover.

When ordering on the Site, you will need to enter your payment details on the appropriate form. In the case of an order placed by telephone, you will need to communicate to Customer Support your credit/debit card number and your three- or four-digit security code that is printed on the back or the front of your card.  Your telephone conversation will be recorded for security and quality control purposes.

All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Auvere, you will need to contact your card issuer directly to solve this problem, and Auvere will not be liable for any delay or non-delivery or any fees or penalties incurred by you.

In order to process your order, we may perform security checks on your credit card.  Your credit card will be charged the full amount of the applicable purchase price at the time your order is placed.  By submitting an offer to purchase Auvere products on the Site or through a member of our Customer Support team, you expressly authorize Auvere to perform such security checks, where Auvere deems necessary or appropriate, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit card number, to authenticate your identity, to validate your credit card, to obtain a credit card authorization and to authorize individual purchase transactions.

Auvere takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction. Auvere uses Secure Sockets Layer (SSL) encryption on all web pages where personal information is collected. Unfortunately, transmitting information over the Internet is not completely secure. Although we will implement appropriate measures to protect your personal information, we cannot guarantee the security of the data you transmit; any transmission is at your own risk and we cannot be held liable. For more information about how we use and protect your information please view our Privacy Policy.

Auvere is prohibited under U.S. law from making sales of its goods to individuals or companies designated on the Office of Foreign Assets Controls (“OFAC”), Specially Designated Nationals (“SDN”) List, or to country destinations sanctioned by the U.S. Any such transactions will be declined.

You should carefully check and confirm all details on the payment page before placing your order through the Site, including without limitation the particulars of each sale.  In the case of an order being placed through a member of our Customer Support Team may verbally ask you to confirm the details of your order.

8. ACKNOWLEDGMENT OF ORDER

Once you have made your choice and your order has been placed on the Site, you will receive an Acknowledgment of Order by email, acknowledging the details of your order.  This Acknowledgment of Order will contain an Order Reference Number assigned by Auvere. Please make sure that you save this Order Reference Number for any future inquiries regarding your order. This Acknowledgment of Order is not an acceptance of your order.  Following the transmission of the Acknowledgment of Order, Auvere will conduct its usual credit, anti-fraud, security and related legal checks and, if acceptable, will then process your order.

These Conditions of Sale will be provided to you with the Acknowledgement of Order through either email link or pdf. Please carefully review these Conditions of Sale upon receipt.

9. CONFIRMATION OF ORDER

Upon shipment of your order following completion by Auvere of its anti-fraud, security and related legal checks, Auvere will send you by email a written Confirmation of Order. The written Confirmation of Order constitutes the acceptance of your order by Auvere and indicates the existence of a binding sales contract. The Acknowledgement of Order and Confirmation of Order that is sent to you by email is deemed to be received when you are able to access them on your computer, mobile or handheld device. The Confirmation of Order and any automatic recording systems used by our Site or by a member of our Customer Support Team will be proof of a binding agreement between you and Auvere.

10. SHIPPING POLICY

*Saturday and U.S. federal holidays will not be considered a Business Day with respect to estimated delivery lead time. Delivery on Saturday may be proposed as a service to specific zip codes by Customer Support. This service as well as express shipping may incur more specific charges.  Please contact Customer Support at 866-317-7779 for more specific information.

When estimating package delivery time, please allow time for credit approval, address verification and order processing. Once the order is processed and ready for shipment, we will send you the Confirmation of Order by email.

When ordering on the Site or through a member of our Customer Support Team, you will receive an email notification with the tracking information related to the delivery of goods.

When ordering products on the Site or through a member of our Customer Support Team, you will receive an invoice that will be sent to your email address as a .pdf attachment.  You may also at any time later request an invoice by calling Customer Support at 866-317-7779.  Please note that Auvere may request that you provide proper identification as a condition to complying with such a request.

Auvere insures each purchase during the time it is in transit until it is delivered to you. We require a signature by an adult to confirm your acceptance of each Auvere product delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes then you understand and accept that evidence of a signature by such recipient (or at that delivery address) is evidence of delivery and fulfillment of the sale contract by Auvere and transfer of responsibility to the recipient in the same way as if the product had been delivered to you.

For international orders, shipping charges, customs fees and import duties and taxes (collectively, the "International Shipping Costs") are calculated at the end of the checkout process and charged to you when you finalize your purchase. Simply add a product to your shopping bag, provide your full and complete shipping address, and continue the checkout process. The International Shipping Costs will be displayed just before the order is ready to be finalized. If you require assistance with respect to the checkout process and/or international shipping costs, please call or email Customer Support at (866) 317-7779 and support@auvere.com respectively.

Notwithstanding any estimate, quote or calculation provided by us during the checkout process, please be advised that you bear full responsibility for any and all customs fees, import duties, taxes, or other local charges resulting from international shipping. These charges are beyond our control as they are set by the customs authority of the destination country, and they depend on a number of factors, such as local VAT rates and local import taxes.

11. RETURN POLICY

In order to ensure your total satisfaction, a customer may return Auvere products in accordance with the return and exchange policy set forth below. Returns of Auvere products that are not in compliance with the conditions and timeframes set forth below may be rejected by Auvere and will be sent back to the customer.

11.1. Return Period

Auvere allows a customer to request to return Auvere products purchased on the Site or directly by phone through our Customer Support team within fifteen (15) days following delivery, but subject to the terms and conditions set forth below. For avoidance of doubt, products that have not been purchased on the Site or through our Customer Support team may not be returned to Auvere.

Customers who are initiating a return or an exchange from within the United Sates shall receive a prepaid return label free of charge. Auvere is not responsible for additional shipping costs such as packing supplies and pickup services. Customers who are initiating a return or an exchange from outside of the United States shall be responsible for all costs associated with returning the item to us, including the cost of obtaining shipping labels, customs documents, fees, duties and taxes.

11.2. Return Process

To initiate the return process for products that have been purchased on the Site or through Customer Support, customers should do the following:

(i)       If a customer has an account with Auvere, such person may initiate a return or exchange by:

(a)       logging into such person’s account;

(b)      going to “orders” and locating the order containing the item that is to be returned;

(c)      clicking on the “return” button; and

(d)      and following all directions set forth with the Return & Exchange Center thereafter to submit a return or exchange request;

(ii)     If a customer who desires to make a return does not have an account with Auvere or if such customer has an account but does not wish to initiate the return process through such account, such customer should visit the Return & Exchange Center or contact Auvere Customer Support by email at support@auvere.com or by calling (866)317-7779.

(iii)    Once the return or exchange request has been approved, a customer will receive a Return Instructions Email. Domestic return packages will require a customer to drop off the return package at an appropriate FedEx facility. International returns will require a customer to obtain a shipping label and associated customs documents at their sole cost and expense using an international carrier of their choice. Once the label has been received by the customer, the customer should first place the jewelry that is to be returned in its protective pouch(es), and then place the pouch(es) in the original Auvere box(es) in the same manner as such jewelry was delivered originally. The package should include the packing slip marked to indicate which product is being returned;

(iv)    Place the Auvere box containing the jewelry in an appropriate shipping box;

(v)     Seal the shipping box and affix the pre-paid delivery label to it; and

(vi)     Follow the shipping instructions set forth in the Returns Instructions Email.

Should a customer from within the United States decide to return a purchased item within the fifteen (15) day period, Auvere and the customer agree that Auvere maintains a special interest in the merchandise and will, therefore, purchase insurance on the returned merchandise.

Auvere is under no obligation to do so but will take this initiative for the customer's convenience.

Customers located outside of the United Sates shall be responsible purchasing insurance on the returned merchandise.

The customer must keep a proof of return shipment and the carrier tracking number. Auvere accepts no liability in the event that such proof cannot be produced. Only merchandise received by the Auvere Customer Service center will be eligible for a refund or exchange.

Upon receiving a return, Auvere will verify that the returned product satisfies the conditions of the return policy and, if so, will proceed with the applicable refund or exchange.

11.3. Conditions to Return a Product

Auvere products must be returned in a new and unused state, in perfect condition, with all protective materials in place and tags and stickers attached to them, as well as with the original Auvere box and delivery packaging, including all accessories and documents. Auvere will not accept any return if the product shows any signs of wear or has been used or altered from its original condition in any way.

All returns will be subject to strict Quality Control (QC) by Auvere to ensure that the returned products satisfy these requirements. If the products do not meet QC standards as determined by Auvere in its sole and absolute discretion, Auvere will refuse the return, and the products will be sent back to the customer. If the returned product satisfies Quality Control (QC), Auvere will proceed with the applicable refund or exchange.  

11.4. Refunds and Merchandise Credit

Only a customer will be entitled to receive a refund. If a customer’s return complies with the return policy, Auvere will use reasonable efforts to credit the refund to the customer’s credit card account no later than fourteen (14) days after receipt of the returned item by the Auvere Customer Support center. Except for the delivery of a defective product, initial shipping charges will not be refunded to the customer.

11.5. Exchanges

Customers may be permitted to exchange a product purchased on the Site or by phone through Customer Support for another Auvere product if the product to be exchanged satisfies the conditions of the return policy within fifteen (15) days following delivery.

Auvere will send an invoice as a .pdf attachment to the Customer’s email address, which specifies the value of the returned product, the price of the item for which the original product has been exchanged and the difference to be paid by the customer or the amount that the customer is entitled to receive, as indicated below.

Should a product be returned for exchange to the Auvere, only the customer will be entitled to receive a refund of the price difference if the returned product is less expensive than the exchanged Auvere product. If the returned product is more expensive than the exchanged item, the customer will be charged the difference in price.

11.6. Defective products

Auvere is extremely cautious in ensuring that each product strictly complies with our quality criteria and that it has passed all our controls, both technical and aesthetic.

If nevertheless you receive a product that seems to be damaged, you may return it to Auvere in accordance with the return policy. Upon receipt, Auvere may classify the returned product as a defective product. Please note that items that are damaged as a result of wear and tear are not considered to be defective. Only you, the customer, may request an exchange or a refund of the full price of your initial purchase.

If your product is declared as defective by Auvere, the following solutions will be proposed to the customer:

i)      Auvere may send you the same product in the exact same size, subject to availability,

ii)     Auvere may propose an exchange for another Auvere product of equivalent or higher value, in which case, the initial price will be deducted and you will be required to pay the difference.

12. ENTIRE AGREEMENT

The Conditions of Sale (as amended from time to time), including policies incorporated herein (e.g. Privacy Policy, Terms of Use) constitute the entire agreement between you and Auvere regarding your purchase of Auvere products through our Site or through a member of our Customer Support Team and supersede any prior Conditions of Sale or any other agreement or understanding, arrangement, undertaking or proposal, written, oral, electronic or otherwise between you and Auvere in relation to such matters.  In the event, any other rule, code of conduct, or other matter posted on the Site conflict with the terms of the Conditions of Sale, the Conditions of Sale shall govern. No oral representation or agreement given by any party shall alter the interpretation of the Conditions of Sale. You confirm that, in agreeing to accept the Conditions of Sale, you have not relied on any representation save insofar as the same has expressly been made a representation in the Conditions of Sale and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of the Conditions of Sale save that your agreement contained in this Section shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of the Conditions of Sale.

13. NO WAIVER

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

14. GOVERNING LAW; JURISDICTION

The Conditions of Sale shall be governed by and construed in accordance with the laws of the State of New York, without reference to its conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Conditions of Sale, including the validity, invalidity, breach or termination thereof or any Auvere product purchased on the Site or through a member of our Customer Support Team, will be resolved in, and you irrevocably consent to the exclusive jurisdiction of the state or federal courts located in the State and County of New York for any action arising out of or relating to these Conditions of Sale or use of this Site. We recognize that it is possible for you to obtain access to this Site from any jurisdiction in the world, but we have no practical ability to prevent such access. This Site has been designed to comply with the laws of the State of New York and of the United States. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.