Terms and Conditions

WHAT Alain Raphael IS AND HOW YOU CAN USE IT 

A new name in high-end jewelry is Alain Raphael. Alain Raphael is the owner and editor of the Platforms. 

Your use of the Alain Raphael websites and mobile applications (collectively, the "Platforms") is governed by these Conditions of Use. We refer to Alain Raphael in these Conditions of Use (and "we", "us" and "our"). 

Before using the Platform, carefully read these Conditions of Use. You declare your consent and compliance to these Conditions of Use by using the Platform. You are not permitted to use the Platform any longer if you disagree with these Conditions of Use.

 

UPDATES TO THESE TERMS OF USE

Please check back frequently to stay updated as we may make modifications to these Conditions of Use from time to time. The Platform will always have the most recent version of these Conditions of Use available. Any updated version of these Conditions of Use will govern how you use the Platform and how you interact with us starting on the posting date. You accept to be bound by the terms of these updates and revisions by still using the Platform.

ABOUT OUR HOSTING SERVICES

Shopify Inc. provides hosting services for our website. 

You should refer to the pertinent terms of the other firm in question. Mobile applications may be hosted by us or by other businesses.

 

OUR PRIVACY POLICY

The rules of our Privacy Policy apply to our information collection procedures on the Platforms, including the kinds of information we gather about visitors to the Platforms and how we may use that information.

 

USE OF MATERIALS ON THE PLATFORMS

For your personal use, Alain Raphael has built its numerous Platforms to offer information about its business and products. While great care has been taken to ensure that the visual representations of Alain Raphael products displayed on the platforms are true to the colour, design, and style of the original products, etc., there may still be very slight variations, distortions, and/or differences when compared to the original product. For instance, your browser or computer settings could be the cause of this. As a result, Alain Raphael disclaims all responsibility for any apparent discrepancies between the product photographs displayed on the Platforms and the actual products. 

You should presume that anything you view or read on the platforms, including any photos, photographs, and person profiles, unless otherwise specified, represented in the photographs, illustrations, icons, texts, video clips, music, written and other materials) ("Alain Raphael Material") are protected by legislation such as copyright, designs and trademark legislation and under international treaty provisions and national laws worldwide. 

 

Alain Raphael Material may not be used in any way for public or commercial purposes, nor may it be sold, reproduced, distributed, communicated, modified, shown, performed in public, reported on, or used in any other way to create derivative or used works based on it by anyone unauthorised by Alain Raphael itself. Alain Raphael Content also cannot be shared or shown for any reason on any other platform, in a networked computer system, or on any other digital platform. Your authorization to use Alain Raphael Material will automatically end if any of these Conditions of Use are broken, and any copies you have made of Alain Raphael Material must be destroyed right away. Any illegal use of Alain Raphael Content may violate copyright laws, trademark laws, privacy and publicity laws, as well as laws and regulations governing communications.

 

YOUR SUBMISSIONS AND UNSOLICITED COMMUNICATIONS

This section focuses on correspondence with Alain Raphael. It has nothing to do with giving personal information to Alain Raphael in connection with customer inquiries, service usage, or product purchases made over the phone or on the Platform. The guidelines outlined in the Privacy Policy apply to the latter.

Alain Raphael will not treat any unsolicited information you send to them via the Platforms, social media, email, or any other method as confidential or proprietary. This includes, but is not limited to, any data, questions, comments, recommendations, or the like. By sending communications to Alain Raphael, you automatically give Alain Raphael a licence to do anything with those communications, including but not limited to: use, reproduce, modify, publish, edit, translate, distribute, perform, and display them alone or as part of other works in any form, media, or technology now known or hereafter developed; and sublicense those rights to anyone. Alain Raphael and its connected businesses have the right to use any information you send them for any reason, including but not limited to reproduction, dissemination, transmission, publishing, broadcasting, and posting, as well as the creation, production, and marketing of goods using such information.

Also, Alain Raphael has a reputation for producing high-end jewelry, luxury rings of the highest calibre, and other luxury goods. In order to achieve this, it has access to its own creative resources, including highly qualified design teams that conceptualise and perfect Alain Raphael's inventions. As a result, Alain Raphael is unable to accept or consent to be the recipient of unsolicited collaborative offers. It is possible that Alain Raphael is already working on concepts and/or inventions that are comparable to these. As a result, you are informed that Alain Raphael is not interested in hearing from you on any suggestions you may have for new creations.

 

LIMITATION OF LIABILITY

This section only pertains to the Platforms; it does not apply to any products that one of our local or regional markets may sell online or over the phone. 

Alain Raphael takes an attempt to ensure that the information is accurate and complete. Alain Raphael makes no promises or representations on the veracity, dependability, accuracy, or lack of legal rights violations of third parties when using its content. Alain Raphael does not guarantee that the Platforms, Alain Raphael Material, or the servers that host them are free of viruses or other harmful elements, or that the functional and/or technical features of the Platforms, Alain Raphael Material, or both will be error-free. Alain Raphael is not liable for any costs associated with maintaining or replacing any equipment, data, or other elements as a result of using the Platforms or Alain Raphael Material. Without limiting the foregoing, the Platforms' contents are offered to you "AS IS" AND "AS AVAILABLE" AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. About the Alain Raphael Material, software, text, downloads, pictures, and links, as well as the outcomes to be had by utilising the Platforms, Alain Raphael and its suppliers make no promises.

To the fullest extent permitted by law, Alain Raphael shall not be liable for any indirect, incidental, special, or consequential damages of any kind resulting from or associated with the use of information made available through the Platforms or any liability relating to any loss of use, interruption of business, lost profits, or lost data, regardless of the form of action, whether in contract, tort (including negligence), or otherwise, even if Alain Raphael has been informed of the possibility of such damages. 

Please be aware that some of the following exclusions and restrictions may not apply in some jurisdictions where consumer protection laws may prevent certain exclusions or limitations of warranties or liability.

 

TRADEMARK NOTICE

The majority of the trademarks, logos, and service marks (collectively the "Trademarks") that appear on the Platforms are either Alain Raphael trademarks that are registered, unregistered, or otherwise protected, or they are third-party trademarks that have granted Alain Raphael a licence to use them. Other trademarks are registered to their respective owners and are proprietary marks. Nothing on the Platforms should be interpreted as granting any licence or right to use any trademark without Alain Raphael's prior written consent or the consent of the third party that owns the trademark, whether expressly or by implication. Unless as expressly permitted below, it is strictly forbidden to use any trademark displayed on the Platforms or any other content on the Platforms.

 

COPYRIGHT NOTICE

On the Platforms, all content (including Alain Raphael Materials) is either Copyright © Alain Raphael or licenced for use by Alain Raphael. Every right is protected. Please see the section on using materials on platforms above.

 

LINKS & LINKING

The Platforms may contain links to other platforms operated by third parties not affiliated to Alain Raphael. The inclusion of any link to such third party sites does not imply endorsement by Alain Raphael of those sites. Alain Raphael has not reviewed all of the content contained in the linked sites and is not responsible for the content or accuracy of any off-site pages or any other sites linked to any of the Platforms. If you choose to click through any link to off-site pages or third party sites then this is at your own risk.

Alain Raphael does not authorize linking to any of its Platforms from a third party platform without its express prior written authorization.

 

TERMINATION AND SUSPENSION

Links to additional platforms run by third parties not connected to Alain Raphael may be found on the Platforms. The presence of any links to such third-party websites does not imply Alain Raphael's sponsorship of them. Alain Raphael is not liable for the accuracy or content of any off-site pages or other websites linked to any of the Platforms since it has not examined all of the information on the linked websites. You do so at your own risk if you choose to click on any links leading to external pages or third-party websites. 

Without specific prior written consent, Alain Raphael does not permit linking to any of its Platforms from a third-party platform.

 

GENERAL PROVISIONS

Unless otherwise stated, all information and materials on the Platforms are presented purely to promote Alain Raphael's goods and services and, in some cases, to offer goods for sale through a number of channels. Alain Raphael disclaims any warranty that the Alain Raphael Material is suitable or accessible for usage in all nations. You are in charge of adhering to any relevant local regulations, keeping in mind that access to Alain Raphael Material might not be permitted by law in some situations or in certain nations. There are numerous places in the world where our items are sold. The Platforms may nevertheless highlight goods that aren't offered anywhere.

If any provision of these Terms of Use, or a portion of a provision, is determined to be unlawful, invalid, or unenforceable, that provision or portion-provision shall be deemed not to be a part of these Terms of Use, and the remainder of the provisions of these Terms of Use shall remain legal, valid, and enforceable, unless otherwise required by operation of applicable law. 

These Terms of Use supersede and terminate all prior agreements, draught agreements, arrangements, undertakings, or collateral contracts of any kind made by the parties, whether oral or written, with respect to the use of the Platform. They also represent the entire understanding between you and us regarding that subject matter. 

Alain Raphael's waiver of one breach of these Conditions of Use shall not be construed as a waiver of any other or subsequent breaches.

 

APPLICABLE LAW AND JURISDICTION

Without regard to rules governing conflicts of laws, the laws of Canada shall govern and be followed in the interpretation of these Conditions of Use. Any disagreement, argument, or claim relating to or arising out of the Terms of Use, including their applicability, invalidity, breach, or termination, shall be decided by judgement or arbitration in accordance with the foregoing Conditions of Use. We will provide you with equivalent protection if Canadian laws diverge from the necessary consumer regulations in your home country.

 

CONTACT US

Contact us at the address shown below if you have any inquiries or comments concerning these Conditions of Use or any other topic. You can also send a request for a copy of the personal information we have on file for you to this address.

 

 

These Conditions of Sale apply to sales of products or services ordered from Alain Raphael, using:
- The website Alain Raphael and any associated mobile or digital applications referring to these Conditions of Sale (the “Platforms”),
- By e-mail or telephone via a boutique or our client relations center (the “Client Relations Center”), or
- Pay-by-Link at an event outside of the relevant Alain Raphael boutique or in the relevant Alain Raphael retail boutique (the “Remote Boutique”)
(The Platforms, Client Relations Center, and Remote Boutique are together referred to as the “Sales Channels”).

Alain Raphael is responsible for the Platforms according to the Terms of Use. By ordering via the Platforms, you agree to these Terms of Use and the Privacy Policy, which are incorporated into these Conditions of Sale by reference.

Please read these Conditions of Sale carefully. They govern any order placed through the Sales Channels. Before placing an order, you will be asked to agree to these Conditions of Sale. If you do not agree, you cannot order through the Sales Channels. Orders in person at physical points of sale not using Pay-by-Link or through third parties are not subject to these Conditions of Sale.

UPDATES TO THESE CONDITIONS OF SALE
We may modify these Conditions of Sale occasionally. Please check back regularly for updates. The latest version will always be available on the Platforms. Any new version takes immediate effect upon posting and governs any orders made as of that date. Changes made after you have placed an order will not affect that order unless required by law.

PURCHASING ELIGIBILITY
Products can be ordered by individuals who (a) are of legal majority to enter contracts (usually eighteen); (b) have the legal capacity to contract. Orders by individuals under legal majority must be placed by a parent or guardian.

By ordering, you confirm that you are buying for personal use and not for resale. Bulk purchases and purchases for resale are not permitted.

PRODUCT AVAILABILITY AND QUANTITY
Orders are subject to availability and acceptance. Confirmation of order completion will be sent by email. Some products may not be available in certain regions. The Client Relations Center or Remote Boutique can provide more information.

Quantity limits may apply for certain products. We reserve the right to refuse orders exceeding these limits.

Alain Raphael cannot be held responsible for any deviations from any stated delivery times.

When a product is no longer available, the customer will receive a notification of refund via email.

PERSONALIZED SERVICES
Personalization (e.g., engraving) may be available for select products. Provide details when ordering. We may refuse orders with objectionable or unlawful personalization. Personalized products are final sale and cannot be returned (except for defects).

ORDERS
The process for placing orders via the Client Relations Center, Remote Boutique, or the Platforms is outlined. We may refuse, cancel, or terminate orders for reasons such as ongoing disputes or suspected fraudulent activities.

PRICES, TAX, AND SHIPPING COSTS
Prices are in CAD Dollars (unless stated otherwise) and exclude taxes and shipping costs, which are added during checkout. Prices and shipping costs are subject to change.

PAYMENT
We accept specified payment methods. All payment card holders are subject to validation and authorization by the card issuer. Other payment methods may require additional checks.

ACKNOWLEDGEMENT OF ORDER
You will receive an order acknowledgement but this does not constitute order acceptance. Order acceptance and the formation of a contract are confirmed upon shipment.

SHIPPING POLICY
Orders are shipped to specified regions. Certain addresses, such as military or PO boxes, may be excluded. Delivery times and charges are outlined. A signature may be required upon delivery.

Alain Raphael cannot under any circumstances be held responsible for a delivery delay due to a stock outage at the distributor or issues attributable to the carrier

RETURN POLICY
Products can be returned within 30 days of delivery, subject to conditions. Personalized products are non-returnable. Refunds are issued under specific conditions.

MANUFACTURER’S GUARANTEE AND LEGAL RIGHTS
Products comply with our quality criteria and are covered by our guarantee. Legal consumer rights are unaffected.

COMPLIMENTARY SERVICES
Complimentary services such as gift wrapping, engravings, and strap adjustments are offered.

REPAIRS
For repairs, contact our Client Relations Center.

PRODUCT DESCRIPTIONS
We strive for accuracy in product descriptions, but do not guarantee it.

LIMITATION OF LIABILITY
Liability is limited as permitted by law. Certain jurisdictions do not allow limitations on warranties or liabilities.

GENERAL PROVISIONS
These Conditions of Sale are binding. If any part is invalid, other provisions remain effective. This contract is between Alain Raphael and the customer.

GOVERNING LAW; ARBITRATION
Disputes are subject to binding arbitration, except for small claims. Claims must first be attempted to be resolved informally.

CONTACT US
For questions or comments, please contact:

Alain Raphael Client Relations Center
Phone Number: +1 (877) 847-4647  
jewelryjungle@hotmail.com

 

Last updated: February 2024