Terms Of Use

By visiting the HAUTE VICTOIRE website (“Site”), www.hautevictoire.com (“HAUTE VICTOIRE”), you are accepting and consenting to be bound by the Terms of Use provided herein, as amended from time to time, as well as the Privacy Policy. Accordingly, please read these Terms of Use carefully before accessing or using this Site. We reserve the right, in our discretion, to update or modify the Terms of Use at any time by posting such new terms on the Site. Such changes shall be effective immediately upon posting with the date of the most recent revisions appearing below. We encourage you to review these Terms of Use whenever you use the Site. These Terms of Use were last revised on February 12, 2017. HAUTE VICTOIRE is a brand name and trademark of LePremier LLC. All references to HAUTE VICTOIRE shall be deemed to also refer to LePremier LLC.

RETURN AND EXCHANGE POLICY

We allow exchanges - except for customized pieces. We are unable to offer refunds. In the case of a request for exchange please e-mail info@hautevictoire.com.

REGISTRATION:

All HAUTE VICTOIRE online clients must register an account in order to make purchases. To register, enter your name, email address, and password in the “Your Account” tab. You agree to provide true, accurate, current and complete registration information about yourself and to update such information promptly so as to ensure its accuracy. You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up an account on the Site. If we believe any information that you provide is untrue, inaccurate, out of date or incomplete, we may suspend or terminate your account and refuse you any and all current or future use of the Site.

Upon registration, you will receive a confirmation email welcoming you to HAUTE VICTOIRE with a link that will take you directly to our online boutique. Registered users can navigate through the checkout process with ease, manage and update their account information, store multiple addresses and track orders.

As a registered user you also gain privileged access to exclusive content and may receive notification when new products arrive in our online boutique or at our retail partners.

Your email address will function as your username each time you log in, and we ask that the account password you provide be unique and kept secure as you are responsible for protecting your password and for any and all acts and omissions that may occur through use of your password. In the case of a breach of security or unauthorized use of your account please notify HAUTE VICTOIRE at info@hautevictoire.com. For the security of your account, a new password will be generated and sent to the email address associated with your account. You may change this password by logging into your account.

Please refer to our Privacy Policy for information about how we use your data.

Please Note: If you receive newsletters or announcement emails from HAUTE VICTOIRE but have not set a password, you are not a registered user.

By registering and agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.

PLACING AN ORDER

When you add an item to your shopping bag, you may either continue shopping or proceed to the checkout. If you are not logged in when proceeding to the checkout, you will be prompted to do so. Checkout involves 4 simple steps: Billing, Shipping, Payment and Order Confirmation.

Once we have received your order, you will receive an email acknowledging the details of your order. This email is not an order confirmation but rather recognition that we have received your requested order.

Please note that this does not guarantee the availability of the merchandise and that all orders are subject to availability. Although we make every effort to feature in stock pieces in our boutique, occasionally we may sell out of featured items. If we are unable to complete your order, you will be notified via email within 5 business days and will be refund for orders that cannot be fulfilled.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

We have made every effort to display as accurately as possible the colors and images of our products that appear at our online boutique. We cannot guarantee that your computer monitor’s display of any color will be accurate. Additionally, since all of our products are unique and not mass produced, there may be slight variations from the representative images on our online boutique. Some items may appear slightly larger or smaller than actual size due to screen 3 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.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by- case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. This Site may contain certain historical information which is not current and is provided for your reference only. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

We are not able to modify or cancel your order once an order has been placed. We reserve the right to decline your order in the event that we are unable to obtain authorization for payment, there are shipping restrictions for a particular item, or we do not have the item in stock.

Items in your shopping bag are not reserved and may be purchased by other clients. You may choose to register your email address to the waiting list for notification of arrival of a selected piece.

LEAD TIMES

Due to the attention given to each item within the Haute Victoire collections, all Made-to- Order jewelry are subject to 3-4 week lead times before shipping. We estimate that Haute Victoire One- of-a- Kind and Vintage jewelry will ship within 2 weeks after confirmation of your order.

REPAIR POLICY

For repairs, please email repairs@hautevictoire.com with the description of the item in need of repair, what repair is needed and details from the original sales invoice and your contact information. Due to the nature of certain gemstones and material used in Haute Victoire’s jewelry, not all pieces can be repaired.

If we determine that we can accept your repair, we will reply and provide you with a Return Merchandise Authorization (RMA) number and shipping information. Please allow approximately 2 weeks for a repair assessment. A repair fee estimate will be provided either prior to or upon receipt of your item, depending on the nature of the repair. Please note that we are not responsible for your item until it is in our possession and that repairs typically require 4-6 weeks to complete.

PAYMENT

We currently accept payments by Visa, MasterCard or American Express. Payment will be debited and cleared from your account upon order confirmation. In filling out the payment requirements, you confirm that you are an authorized user of the credit/debit card. All credit/debit cardholders are subject to validation checks and authorization by the card issuer.

If the issuer of the credit/debit card rejects authorization of payment to HAUTE VICTOIRE, we will not be held liable for any delay or non-delivery.

SALES TAX

HAUTE VICTOIRE does not charge sales tax for orders delivered in the United States with the exception of deliveries in the State of New York, in which applicable sales tax will be added to the order amount.

DOMESTIC SHIPPING

Shipping costs and insurance are complimentary.

Once we have shipped your order, you will receive an email update with shipping details and a FedEx tracking number. You may follow the link in the email to check the estimated arrival of your order. In the event of a production delay, we will promptly notify you with an updated 5 shipping date. HAUTE VICTOIRE cannot be held liable for unanticipated delays in production, shipping or address verification.

All domestic shipments are handled by FedEx and will require signature upon delivery. Orders may not be shipped to P.O. Boxes or APO/FPO addresses. Please be aware that all orders are processed Monday through Friday, and delivery time does not include Saturdays, Sundays or Holidays.

Your order will only be shipped once payment and delivery details have been approved. Haute Victoire will only ship to the same address as the billing address.

INTERNATIONAL SHIPPING

Our shopping bag is currently configured for only users who are billing and shipping in the United States. We would be more than happy to service international clients. Please contact our customer service department with your request via email, at info@hautevictoire.com.

OWNERSHIP OF CONTENT

All content, design, information, text, images, names, likenesses, pictures, graphics, formats, code and software, technical drawings, configurations, graphics, photographs, audio and video files, scripts, links, interactive features and other material and files (collectively, “Content”) used on or incorporated into this Site, and the selection, arrangement and/or integration of all such Content are either registered trademarks, trademarks, trade names, service marks, copyrights or otherwise protected property of HAUTE VICTOIRE, or used under license or otherwise, and all rights thereto are specifically reserved. Except as otherwise expressly provided herein, Content on the Site may not be used, copied, published, broadcasted, distributed, reproduced or transmitted without our prior written consent.

You agree to comply with, and keep intact, any copyright notices, trademark notices, information, or restrictions contained in or on any Content available on, incorporated into or accessed through the Site. You may not copy, use, download, modify, frame, publish, transmit, retransmit, transfer or sell, license, reproduce, create derivative works from, distribute, perform, display, disseminate, broadcast, cache, rearrange, redistribute, alter, adapt, crop, re-size, reverse engineer, move, remove, delete or in any way exploit or make commercial use of, any material obtained through the Site, including without limitation Content, in whole or in part, directly or indirectly, without the prior written consent of the owner thereof, except as expressly permitted 6 in this Agreement, on the Site, by HAUTE VICTOIRE (and all other entities with an interest in the relevant intellectual property) in writing in each instance or under applicable law.

RESTRICTIONS ON USE

Except as expressly permitted, you agree not to use the Site for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the Content on the Site.

You agree not to use the Site to provide information which is incomplete, false, inaccurate and not your own; engage in criminal activity or otherwise give rise to conduct that may violate the law or fail to comply with accepted internet protocol; attempt to interfere in any way with the Site or the Site’s security or to sue the Site’s service to gain unauthorized access to any other computer system.

THIRD PARTY WEBSITES

The Site may contain links to websites and resources on the Internet that are unrelated to us and which are owned and operated by third parties (“Third-Party Sites”). HAUTE VICTOIRE does not make any representations or warranties about any Third-Party Sites you may access through this Site. These links are provided solely as a convenience to you and do not constitute an endorsement by or imply that HAUTE VICTOIRE sponsors, is affiliated or associated with or otherwise recommends, certifies or endorses any Third-Party Sites. We are not responsible for the contents of any Third-Party Sites nor are we responsible for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third-Party Sites. You must make your own independent decisions regarding your interactions or communications with any other website. Material available on or through Third-Party Websites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of such third-party sites, and not the terms and conditions of this Agreement, govern your use of that material. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree 7 that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECURITY

From time to time, we may use techniques designed to identify fraudulent activities. You agree to cooperate with such efforts, as we may, in our sole discretion, deem necessary to identify attempted fraud. You further agree that if, for any reason, you or others acting on your behalf are suspected of fraud or other breach of these Terms, we may, in our sole discretion, declare you to be in breach of the Terms, suspend or terminate your use of the Site, and/or seek prosecution to the fullest extent of the law.

DISCLAIMER AND LIMITATION OF LIABILITY

HAUTE VICTOIRE attempts to provide accurate and timely information. Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

Your use and browsing of, and any reliance by you upon this Site is at your own risk and you assume responsibility associated with the Site, provided “AS IS.” HAUTE VICTOIRE disclaims all warranties, conditions, representations and endorsements of any kind, either expressed or implied, with regard to the information accessed including all content and material, functions and services provided on the Site, provided without warranty of any kind, including the warranties concerning availability, accuracy, completeness, usefulness of content and information, uninterrupted access, and any warranty of title, non-infringement, merchantability or fitness for a particular purpose.

HAUTE VICTOIRE does not warrant that the Site, content, materials or services will be timely, secure, uninterrupted or error free, or that defects will be corrected. If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site. Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk, and you are solely responsible for any damage that may result.

In no event shall HAUTE VICTOIRE, its affiliates or any other respective directors, officers, employees, agents, or content or service providers be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or cause of action arising from or in any way related to the use of, or the inability to use, or the performance of the Site or the Content and materials or functionality on or accessed through the Site including, loss of revenue, or anticipated profits or lost business, data or sales or any other type of damage, tangible or intangible in nature. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION/RELEASE

You hereby agree to indemnify, defend and hold harmless, HAUTE VICTOIRE, its affiliates, subsidiaries, and its and their respective owners, officers, directors, employees and agents, from and against any and all claims actions or demands, liabilities, losses, expenses, damages and costs, including without limitation reasonable legal and accounting fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third party proprietary right.

GENERAL PROVISIONS

Governing Law And Limitation Of Actions. The terms of this Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflicts of law rules, and you and we irrevocably consent, in connection with any action to enforce this Agreement or arising out of your use of the Site, to the jurisdiction of the federal and state courts located in New York, New York. No action arising out of this Agreement, regardless of form, may be brought by a user more than one (1) year after the cause of action has arisen.

MISCELLANEOUS

These Terms of Use and HAUTE VICTOIRE’s Privacy Policy set forth the entire agreement between the parties relating to the use of the Site. If any provision of this Agreement is held to be unlawful, void or for any reason unenforceable, then such provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

You agree that this Agreement and all incorporated agreements may be automatically assigned by HAUTE VICTOIRE, in its sole discretion, to a third party in the event of a merger or acquisition.