Platform

The "GERVAIN" platform available at the web address www.gervain.com, owned by the Romanian company GERVAIN SRL, is a space for presenting the profile of the brand and luxury products in the jewelry category, facilitating contact with national and international customers and the sale of products.

Identity of the Seller

The Seller operates in Romania, a member state of the European Union, so the access to the Platform and the sale of the products are conditional on the acceptance of the Seller's Terms by the Customer, according to the legislation applicable in Romania and the European Union.

The Seller status is owned by the Romanian limited liability company Gervain SRL, with registered office in Romania, registered at the Trade Registry Office under the unique European number ROONRC.J13/1464/2024, unique national tax identification code RO 50015792.

Seller's contact details

Postal address: Gervain SRL - Romania, Constanța, Str. Liviu Rebreanu no. 26, postal code 900002;

Email: contact@gervain.com

Phone: +40 740 118 078

Terms and Conditions

This document entitled "Terms and conditions" together with the "Policy of confidentiality and processing of personal data" and the "Commercial guarantee" provided by the Seller establish the general legal framework of pre-contractual operations and the conclusion and execution of distance sales contracts between the Customer and GERVAIN SRL, defining the rights and obligations of the Parties and the limits of their liability.

By accepting the Terms, the Customer agrees to their content and declares that he accepts their application in place of any explicit or implicit understandings with the Seller that are not included in a separate document agreed by the parties.

By accepting the Terms and accepting the Order by the Seller, a distance contract binding on both parties is concluded between the Customer and the Seller. Therefore, we recommend that you read the Terms carefully and, if you have any questions, contact us at the contact details indicated above.

We also recommend that Customers save and retain a copy of the Terms in effect at the time an Order is placed for future reference.

Definitions

Hereinafter, the listed terms have the following meanings:

• Customer – natural or legal person who purchases products from the Seller for personal use or the personal use of third parties through the Platform;
• Order – the firm request for the sale of products and/or services communicated by the Customer to the Seller under the conditions established by the Terms;
• Consumer – the User or the Client, a natural person acting for purposes outside of his professional activity;
• The Contract – the agreement for the provision of products and/or services concluded between the Seller and the Customer, effect of the Seller's acceptance of the Customer's Order, consisting of all the rights and obligations of the Parties according to the Terms published by the Seller on the Platform on the date of acceptance;
• Purchase costs – the amount owed by the Customer to the Seller in exchange for the Products and Services, consisting of the Price of the Products and, as the case may be, delivery costs and other fees/expenses transparently indicated on the Platform by the Seller and accepted by the Customer at the time of the Order; The purchase costs do not include customs duties or other costs of receiving the Products by the Customer, applicable according to the laws of the country of destination of the Products;
• Contract conclusion date – date of receipt by the Customer of confirmation of acceptance of the Order by the Seller;
• Personal data – any information regarding an identified or identifiable natural person;
• Applicable Legislation – Romanian or, where applicable, European Union legislation applicable to the Contract at the date of its conclusion;
• Delivery – delivery of the products by the Seller to the carrier/courier;
• The Parties – the Seller and the Customer, following the acceptance of the Terms by the Customer;
• Platform – the website www.gervain.com , owned and managed by the Seller;
• Receiving – sending the Products from the carrier/courier to the Customer;
• Products – goods in the jewelry category offered for sale by the Seller through the Platform;
• Services – delivery, warranty and other ancillary services preceding or following the sale of the Products to the Customer, expressly assumed by the Seller;
• Terms - the set of written legal and contractual rules to which the Seller, Customer and/or User are subject according to the "Terms and Conditions", "Privacy Policy and processing of personal data" and "Commercial guarantee" of the Seller, as they are published on the Platform at a certain point in time;
• User – natural person accessing the Platform;
• Seller – GERVAIN SRL company;
• Day – unless otherwise stated, calendar day.

Platform

access

Access to the Platform is public and free, being provided to anyone who has the technical means to access the Internet, without conditions, except for the User's obligation to comply with the Terms. The use of the Platform implies the implicit acceptance of the Terms applicable to the use.

Platform Security

The Internet domain of the Platform is secured with the "https" standard, ensuring the security of use by the User. The Seller does not assume responsibility for the security of the access line of the Platform used by the User up to its access point, nor for the security of the access terminal used by the User.

Intellectual property

All copyrights for the data and information existing on the Platform are fully owned by the Seller and/or its partners. No material may be reproduced, modified, distributed to third parties or publicly, or used in any other way, in whole or in part, without the express prior written permission of the Seller or other holders of intellectual property rights.

The content of the Platform, texts, graphics, photos, videos, audio recordings, software, logos and all or any other functional or audio-visual data related to or presented within it are protected by copyright law and are the property of the Seller or of his partners.

Users/Customers acknowledge the intellectual property rights of the Seller and undertake not to disclose to third parties or the public (via the Internet, other media or in any other way) any information/information privately received from the Seller.

Regime of links

The Seller or third parties authorized by the Seller may provide links to other pages or WEB resources. In such cases, the Seller does not guarantee, does not assume responsibility and cannot be held responsible for their availability, form, content, advertising, products or other materials available at those links.

Information on the Platform

The information presented on the Platform is informative and may be modified by the Seller without the obligation to announce the modification in advance, and the Parties and Users will be opposed to the modifications for the future. Also, the descriptions of the Products may be incomplete for reasons of space and the coherence of the information structure, but the Seller makes efforts to present the relevant information for the purchase decision and for the product to be used within the parameters for which it is purchased.

Public communication through the Platform

Communication with the Seller can also be done by publishing opinions on the Products in the specific public sections of the Platform. Opinions or addresses containing insults or inappropriate language will be excluded, ignored or not published. The seller has the freedom to manage the information received without having to justify it.

In the event of an unusually high volume of traffic originating from an Internet network, the Seller reserves the right to ask Users to manually enter captcha validation codes to protect information on the site.

Failure to comply with the terms of use

The use of the platform contrary to the Terms, attempts to violate the security of the Platform, internal or external fraud attempts in connection with it give the Seller the right to block the access of the responsible Users and to pursue the liability of the guilty person.

price

Price information

The price of the Products offered for sale through the Platform is displayed next to each Product. The price includes VAT according to Applicable Legislation and any other costs of preparation for transport, but unless otherwise stated on the product page, the price does not include transport costs. Shipping costs are displayed separately on the Platform, depending on the destination location indicated by the Customer.

The customer has the obligation to pay the price of the Products ordered, as well as, as the case may be, the transport costs. Depending on its commercial policy, the Seller may exempt the Customer from bearing the cost of transport, an aspect that will be brought to the Customer's attention prior to the moment of issuing the Order.

Depending on the country of destination of the Products, the Customer may be required to bear customs duties related to the purchased Products. The price indicated on the Platform does not include customs duties or other national taxes applicable in the country of destination. The customer is advised, before placing an order, to inform himself about any customs duties or other applicable receiving costs in the country of destination. The Seller cannot be held responsible for such additional costs or other damages suffered by the Customer as a result of the increase in the total costs for taking possession of the Products.

Errors on the price

The Seller informs the Customer that, despite all reasonable efforts, errors may occur regarding the value of the communicated price. In such a situation, if the Seller finds an error in the price of the Products ordered, the Customer will be immediately informed about it. The Customer can choose between purchasing the Products at the actual price or canceling the Order in whole or in part.

In such a situation, the Seller will not process the order prior to the exercise of the option by the Customer.

If the Customer cannot be contacted to exercise the option at the contact details provided with the Order or does not exercise the option within 2 working days of being informed of the error, the Seller will implicitly consider the order canceled, informing the Customer of this in writing. Any amount paid by the Customer for the canceled Order will be refunded to him.

Until the Customer exercises the option, the term of delivery of the products is suspended.

In the event that the Seller accepts an Order that includes Products with respect to which there is an obvious and unmistakable error in the price, the erroneous character of the price resulting reasonably by reference including to the market price or similar products available on the Platform, the Seller reserves the right to cancel the Order in whole or in part with reference to the Products whose price is incorrect, to return to the Customer the amounts paid for the Products with the incorrect price.

Command. Order acceptance. Conclusion of the Contract

Issuance of the Order

To purchase the products on the Platform, Users must contact the Seller with an Order. The order is submitted through the Shopping Cart, filling in the order form on the Platform.

Content of the Order

In order to issue an effective Order, the User must indicate his identification, contact and delivery data, the method of payment among those available on the Platform, as well as the special conditions of the Order, if applicable, by completing the Order form.

The User has the obligation to communicate real, accurate and complete data, which allows the identification of the Products ordered, the issuance of the Invoice and the delivery of the Products. Communication of an inappropriate order entitles the Seller not to accept the order.

The communication of the Order with the Seller is conditional on the acceptance of the Terms by the User.

Order acceptance

The order sent by the User can be accepted by the Seller within a maximum of two working days from receipt, by e-mail sent to the User, without requiring a confirmation of receipt from him. The issuance by the Seller of a confirmation of receipt of the order does not equate to its acceptance, acceptance taking place exclusively under the terms of this section.

The Seller reserves the right to contact the User by phone before confirming the Order by e-mail, for its verbal confirmation.

Acceptance of the Order by the Seller by e-mail constitutes the moment of conclusion of the Contract. The Seller does not at any time consider an unaccepted order as having the value of a Contract.

Since, in the case of acceptance of the Order by the Seller, it becomes binding for the Customer in terms of payment of the price and related obligations, we recommend carefully checking the data and information in the Order and going through the Terms before sending it. The Customer is responsible for the correctness/completeness of the Order.

Impossibility of executing the order

If the Seller cannot complete the Order sent by the Customer for any reason, he will inform the Customer as soon as possible at the contact details indicated by the Customer, without this information constituting an Acceptance of the Order.

In such cases, the amounts paid by the Customer will be returned by the Seller by the same means by which the payment was made, unless the order issuer specifies otherwise.

Payment. Methods of payment

Order payment

Payment for the ordered products will be made according to the options available on the Platform. The risks associated with the payment belong to the Customer.

Payment documents

The payment will be confirmed by the initial Seller by e-mail to the contact address indicated by the Customer.

Based on the Order, the Seller will issue the fiscal invoice related to the Products and Services provided to the Customer, which will be communicated to the Customer by e-mail at the contact address indicated by the Customer, a copy of the invoice being included in the parcel delivered to the Customer.

Overpayments

Any amount paid by the Customer that exceeds the Purchase Costs or that must be returned according to the Terms will be returned by the Seller to the Customer within a maximum of 14 days from the date of the written notification of the Seller by the Customer regarding the situation that requires the return, except in cases where the Terms provide otherwise. The refund will be made in the same way as the payment was made by the Customer, in the absence of a contrary agreement between the parties.

Commercial warranty

Defective products

In the event that the delivered Products are defective or deficient in relation to the technical specifications presented on the Platform, the Customer has the right to return the Products at the Seller's expense and request either a refund of the purchase costs, or the replacement of the defective products with compliant ones, at no additional cost, in in accordance with the conditions of the Commercial Guarantee.

Duration of the commercial warranty

The seller offers a 2-year warranty for all products sold. The warranty does not cover products that show defects caused by knocks, improper wear or handling, or that are not in the original packaging.

Commercial warranty coverage area

The guarantee assures the Customer that:

• The products conform to their description and specifications;
• The Products are free from material manufacturing defects in design, material and workmanship;
• The products are of a satisfactory quality in relation to the description published by the Seller and correspond to the purposes for which they are normally used.
• Defects not covered by commercial warranty
• The Seller's commercial warranty does not cover defects/damages caused to the Products in the following situations:
• The products have been damaged after delivery with intent or fault by the carrier/courier;
• The Customer continued to use the Products after notifying the Seller under the Commercial Warranty;
• The Customer has modified, repaired or tampered with the Products;
• The defect appears as a result of the normal wear and tear of the Products;
• The defect occurs as a result of failure to comply with the instructions regarding transportation, handling, use, maintenance or storage, according to the Seller's instructions;
• Damages are caused intentionally or by fault of the Customer or third parties;
• The lack of compliance is minor.
• The situation of wrong measures
• The commercial guarantee does not apply if the Products ordered do not fit the recipient. The Seller publishes information on the available sizes of the Products on the Platform. The risk of ordering the wrong measure belongs to the Customer and does not constitute grounds for return or replacement.

Seller's Liability

Liability regarding the purpose of use

The Seller does not guarantee that the Products conform to the purpose foreseen by the Customer, different from that resulting from the normal destination of the Products, provided by the Seller, if this purpose was not brought to the Seller's attention and assumed by him prior to Delivery.

General liability for damages

The Seller is not liable to the Customer for losses, obligations or expenses incurred by him directly or indirectly as a result of the provision of the Products by the Seller, with the exception of damages caused by bad faith, voluntary or gross negligence, which constitutes a serious professional fault of the Seller .

The Seller cannot be responsible for damages of any kind that the Customer or any third party may suffer as a result of the Seller's performance of any obligation under the Order, in particular for loss of products.

The Seller is not responsible for death, physical injury, material or moral damage caused with intent or fault by the Customer or third parties, as a result of improper use of the Products.

Express Liability for Damages

Subject to the above, the Seller is not liable to the Customer for direct, indirect or circumstantial damages resulting from:

• Any loss of profit, sales, business or revenue;
• Loss of business opportunity or loss of anticipated profits;
• Loss of anticipated savings;
• Loss or damage to goodwill;
• Losses of reputation or image;
• Any other direct or indirect damages, in respect of which liability may be limited by law.

Limitation of liability

In accordance with the law, in compliance with the above, when the Seller's liability is incurred, the Customer's compensation obligation extends exclusively and totally up to the limit of all purchase costs actually paid by the Customer for the purchase of the Products that were the basis of the claimed damage according to the contract.

Liability conditions

When the Customer intends to invoke claims against the Seller, he has the obligation to notify the Seller within 30 calendar days from the date on which he knew or should have known of the existence of the cause of the damage. The term indicated represents a term of forfeiture of the Customer's right to act against the Seller.

The notification will be sent to the Seller in writing at the contact details, and will include the event generating the damage and the reasons for which the Seller is responsible.

Force majeure

The effect

The parties are exonerated from liability for non-fulfillment, improper fulfillment or delayed fulfillment of the obligations arising from the Contract, caused by force majeure.

Scope

Force majeure is understood, with regard to the execution of the Contract, any unforeseeable, irresistible act or event, beyond the control of the contracting parties and which could not be prevented by the parties with all reasonably possible efforts, including acts of public authorities or institutions that affect , limit or make impossible the activity of the Parties.

Obligations

If a force majeure event occurs that affects the fulfillment of the obligations arising from the Contract:

• The affected party shall notify the other party thereof as soon as possible, but not more than 3 days;
• From the date of notification, the obligations of the affected party are suspended until the end of the force majeure;
• If the force majeure lasts more than 30 days, either party may notify the other of the legal termination of the Contract;
• In case of termination of the Contract due to force majeure, the party that fulfilled its obligations has the right to the full restitution of the benefits, without damages.

communication

Written communications

When the Terms refer to notice/communication/request "in writing", this also includes communication by e-mail or other electronic communication services owned by the parties or provided by third parties, the use of which has been notified in advance to the other party by the party recipient.

Contact details

Any communication/notification between the parties will be made at the contact details provided in the Terms or communicated by the Client. The seller can also be contacted at other coordinates, provided that they have been indicated through the Platform.

Postal communication

If the communication is made by post, it will be sent by registered letter with confirmation of receipt and declared content, considered received by the recipient on the date mentioned by the receiving post office on the confirmation of receipt.

If the notification/communication is sent by e-mail or other agreed means of electronic communication, it is considered received on the first business day after the one on which it was sent.

Verbal communications

Verbal notifications are not taken into account by any of the parties if they are not confirmed by means of one of the methods provided for in the previous articles.

Termination of the Contract

Cases

The contract between the Seller and the Customer terminates in the following situations:

• Upon the proper fulfillment of all obligations by the parties;
• In the event of its resolution by either party under the conditions specified in the Terms, including in the event of cancellation of the order;
• In other cases provided by law.

Conditions and effects

The party invoking a cause for termination of the provisions of this document has the obligation to notify the other party in accordance with the Terms.

Except for contrary stipulations provided by the Terms, the termination of this contract will not have any effect on the obligations already executed or owed by the Parties.

The provisions of this chapter do not remove the liability of the party that culpably caused the termination of the contract, liability engaged under the conditions specified by the Terms.

Assignment and subcontracting

The Seller may assign and/or subcontract a third party for services related to the fulfillment of the Order, without the Customer's consent being required. The Seller shall always be liable to the Customer for all contractual obligations.

Waiver of Rights

Failure by the Seller to exercise a right acquired under the Contract does not have the effect of waiving that right. Any waiver of right by the Seller shall be made exclusively expressly and in writing.

Interpretation and Invalidation of some clauses

Each paragraph of these Terms operates separately. If a court or competent authority decides that one of them is illegal or unenforceable, the remaining paragraphs will remain in full force and effect, with the invalid clauses being replaced by the applicable compatible legal provisions.

Company Policies

Personal data protection policy

More details related to this Policy are available and published separately on the Platform

The policy regarding the use of "Cookies".

More details related to this Policy are available and published separately on the Platform

Delivery and return policy

More details related to this Policy are available and published separately on the Platform

Applicable Law and Disputes

Applicable law

The contract between the parties is subject in its entirety to Romanian law and, subsidiarily, to the applicable rules of the European Union. The parties agree that, in all cases where international law requires the application of a rule of reference, they shall refer to Romanian law.

Dispute Resolution

Any disputes arising from the conclusion, execution or termination of the Contract will be settled by the parties amicably, under the terms of the Terms. In accordance with the applicable Law, Customers can use the online dispute resolution platform available at the link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng= RO.

If the parties cannot resolve the conflict amicably within 30 calendar days from the initiation of discussions or from the date of termination of online dispute resolution, either party has the right to address the competent courts in Romania, according to Romanian law. The parties agree that, in all cases where international law requires the application of procedural rules of reference, they shall refer to the Romanian procedural law.