Conditions of Sale

The present version is published in English for convenience purposes only. In case of any

discrepancies between this version and the French version, the French version shall prevail.

 

The following terms and conditions, and any other related information available on

www.dianavaradi.com (the “Website”) shall apply to all sales of Varadi products that you (the

“Customer” or “You”) may order from Varadi SAS, a corporation organized and existing under the

French laws and having a place of business at 38 rue des Mathurins 75008 Paris (“Varadi” or reffered

to herein as “us” or “our”) either on the Internet via Varadi website and constitutes the Conditions of

Sale. The Site is a secured online platform that allows Customers to place an Order online for the

articles or goods offered for sale on the Website (the “Product(s)”).

If you place an Order via the Website, at the time you click the “I accept” button or a similar box at

the order confirmation section of the Website before placing your order with Varadi, you indicate

your acknowledgment and your full acceptance of these Conditions of Sale. If you refuse to accept

these Conditions of Sale, you will not be able to order any Varadi products from the Website or

through the Website.

Varadi may modify the Conditions of Sale from time to time, at its sole discretion and without prior

notice. It is your responsibility to regularly check the Conditions of Sale to remain informed of their

latest amendments.

The Conditions of Sale applicable to any order placed via the Website or through Varadi customer

service (the “Customer service”) are the ones published at the time you place your order.

Persons wishing to use the Customer Service or the Website will also be deemed, by virtue of such

use, to have agreed to be bound by our Website Terms of Use and our Privacy Policy, which are

incorporated to these Conditions of Sale by reference.

If you placed an Order through the Customer Service, the Products you ordered will be delivered with

the Conditions of Sale. If you do not accept the Conditions of Sale or if you do not want to keep the

Products, you may return your parcel by following the procedure described hereunder. If you do

accept these Conditions of Sale and wish to keep your Products, you have nothing to do. After five (5)

days, the Conditions of Sale shall be considered as accepted and you agree that you will be bound by

these Conditions of Sale.

Only individuals who (a) have reached the age of majority (eighteen in most countries), (b) have legal

capacity to enter into contracts, and (c) are living in one of the Countries listed within the paragraph

herein. Delivery policy allows that you may order products through the Customer Service or on the

Website (please also refer to payment and shipping sections below for further details). 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 contravention to this provision shall be null and void.

By placing an order through the Customer Service or on the Website, you represent and warrant that

you are a bona fide end-user Customer and will not deliver, sell or otherwise distribute Varadi

products or purchase Varadi products for commercial purposes or any other commercial benefit. If

despite our efforts the product is no longer available or Varadi believes, for legitimate reason, that an

order would violate these Conditions of Sale, Varadi may refuse such order.

All orders placed through the Customer Service or on the Website are subject to availability and

acceptance by Varadi.

Varadi reserves the right to change the assortment of items proposed on the Website or through the

Customer Service and may limit from time to time the quantity of Varadi products that may be

ordered by a Customer in a single buying session.

Orders may not exceed five (5) products per month.

Images of the Products are provided for information purposes only and shall not be representative of

the characteristics of the Products, in particular with respect to general appearance, color or any

other characteristic. They are provided for information purpose and their publication on the Website

shall not constitute an offer.

Moreover, you expressly recognize and agree that CITES Products are not available for Monaco and

Switzerland (for more information, please contact our Customer Service). Therefore, it is not possible

to order such CITES Products from another Country for Monaco and/or Switzerland deliveries.

In order to place an order through the Customer Service or on the Website, you or the person on

your behalf will be required to register and create your online account. In order to register, you will

be required to provide valid and up-to- date personal information, such as your legal name, phone

number and e-mail address, and to confirm that you have reached the age of majority.

Upon completion of your account registration on the Website or by the Varadi Customer Service

contact, you will receive an e-mail which will allow you to log in to Your account on the Website and

create a permanent account login and password. You may also receive a second e-mail summarizing

the personal information you provided in registering for your online account. You are responsible for

ensuring that your password and account login are kept secret, safe and secure at all times. Varadi

will not be held responsible or liable for any misuse of your account resulting from a third party’s

access to and use of your password and account login.

We may change the information required to place a new order or the registration requirements from

time to time. Any changes will be posted on the Website. Please refer to our Privacy Policy and

Clause 8 of these Conditions of Sale for more details about how we may use your personal

information.

Should any of the information you provide to the Customer Service or on the Website change, please

login to your account and update such information directly on the Website, inform the Customer

Service (telephone number and e-mail address indicated on the Website) or notify Varadi as set out

in our Privacy Policy. Moreover, in the event that Varadi reasonably suspects that a third party has

breached a Customer’s registration, password and/or account login, Varadi shall immediately cancel

and terminate such account, and notify you by e-mail or telephone.

If you are willing to order on the Website, your offer to place an order will be processed as follows:

once you have chosen a product, click on the “Add to Shopping Bag” button to place this product in

your shopping bag. You may then decide to continue shopping for other products and add them to

your shopping bag (subject to availability and quantity limits) or proceed to “Checkout” by clicking on

this button. While at Checkout, you may also remove one or several products you have selected in

the Shopping Bag.

When ordering by telephone through the Customer Service or on the Website, you will be required

to provide other personal information as applicable, such as shipping address, billing address and

payment details. You warrant that all personal information given to Varadi is true and correct. Varadi

or its third party providers may collect additional information at this time for security and anti-fraud

purposes. Please refer to our Privacy Policy for more details about how and how long we may use or

keep your personal information.

All Prices shown on the product pages of the Website or quoted by the Customer Service include VAT

but exclude shipping costs and other taxes unless otherwise stated. The applicable currency will be

updated based on the shipping destination after you provide us with the delivery address.

Varadi 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 Website or quoted by the Customer service, as

indicated at the time Varadi provides You with a Confirmation of Order, will be honored by Varadi.

Shipping costs are not stated on the product pages but will be added to the product price after you

have chosen your delivery options.

Shipping costs and VAT will be reflected on your ORDER PAGE– -the last page before you are asked to

confirm and place your order (website orders), or will be quoted by the Customer Service (telephone

orders), and will also appear on your Acknowledgment of Order and invoice (if you choose to receive

an invoice). Shipping costs, if any, are described in the shipping policy set forth below. Please note

that VAT will vary based on the location to which products are being shipped. The actual VAT

associated with your purchase will be calculated at the time when your order is to be shipped.

Please note that in case of changes to the applicable VAT rates between the date your order is placed

and the date Varadi is ready to ship your order, we will contact you and ask that you reconfirm your

order.

You should carefully check all details before placing your order through the Customer Service or on

the Website. Including, without limitation, the particulars of each sale, which will be provided by the

Varadi Customer Service contact (in the case of an order being placed through the Customer Service)

or the Website (in the case of an order being placed through the Website).

When you have completely reviewed your order, first check the box next to “I have read and accept

the conditions of sale” to indicate your agreement to be bound by these Conditions of Sale. Then

click on the «Confirm and place order» button on the Website to place your order.

By placing an order, you are submitting an offer to Varadi to buy the products you have placed in

your “Shopping Bag”. Notwithstanding anything to the contrary provided for herein, Varadi reserves

the right to refuse, cancel and terminate orders at any moment in time for legitimate grounds. For

example, Varadi may refuse, terminate or cancel your order if there is an on-going dispute

concerning payment of a prior order or if Varadi suspects that you have violated these Conditions of

Sale.

You may pay by credit or debit card, as indicated on the Website or through the Customer Service.

When ordering on the Website, you will need to enter your payment details on the appropriate form.

If you order by telephone, you will need to communicate to the Customer service your credit or debit

card number and your three- or four- digit security code that is printed on the back or the front of

your card (CVV2/CVC2/CID).

All credit/debit card holders are subject to validation checks and authorization by the card issuer. If

the issuer of your payment card refuses to authorize payment to Varadi, you will need to contact

Your card issuer directly to solve this problem, and Varadi will not be liable for any delay or non-

delivery.

Billing information indicated in your Order must correspond to that of the credit card holder. Varadi

may contact the credit card holder directly if necessary for verification and ask him/her for additional

information. If this condition is not fulfilled and/ or Varadi fails to reach the holder of the credit card,

Varadi reserves the right to cancel your Order.

In order to process your order, we may perform a pre-authorization of your card. The amount of your

purchase will be blocked on your card until your order is shipped to the shipping address provided to

Varadi, after checking your data and upon acceptance of your Order by Varadi.

Once you have placed your order on the Website or through the Customer Service, you will receive

via e-mail an Acknowledgment of Order acknowledging the details of your order along with these

Conditions of Sale. This Acknowledgment of Order will contain an Order Reference Number assigned

by Varadi. Please carefully review the Conditions of Sale upon receipt and make sure that you save

the 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, Varadi will conduct its usual security checks and then process your order.

If you wish to cancel or modify your order before the shipment of your Products, you may contact

Varadi at the following phone number: +33176340622. However, this request will be handled as a simple wish,

which Varadi will handle in its sole discretion and cannot warrant that the Order will be canceled or

modified upon Your request.

Subject to the acceptance of Your Order and once the ordered Product(s) ship, Varadi will still send

you an Confirmation of Order by e-mail.

The Confirmation of Order constitutes the acceptance of your order by Varadi and indicates the

existence of a binding sales

We only accept orders for delivery to addresses located in one of these countries: France, the UK,

Ireland, Netherlands, Belgium, Luxemburg, Denmark, Finland, Sweden, Germany, Austria, Italy, Spain,

Portugal, Czech Republic, Bulgaria, Greece, Poland, Hungary, Malta, Lithuania, Slovakia, and Croatia.

Please note that Varadi does not ship to certain addresses, such as PO boxes or hotels. For further

information please contact Varadi Customer Service.

The delivery costs and the estimated delivery lead time will be mentioned on the Website or by the

Customer Service before you place Your order and summarized in the Acknowledgment of Order.

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 e-mail.

We will use reasonable efforts to ensure delivery by the carrier within the estimated delivery lead

time from the date of our Confirmation of Order. Varadi shall not be liable for late delivery, damage

due to transportation or any other damage directly or indirectly related to the shipment of Products.

Products will be delivered exclusively to the address mentioned in the Form at the time of the Order.

You will be charged the shipping fees, which vary according to the type of shipment and the place of

delivery of the Products. The amount of the shipping fees is indicated at the time of placement of the

Order.

At the time of delivery of Products, you are responsible for immediately verifying that the packaging

is intact and has not been altered in any way whatsoever. Should the packaging be damaged, you

shall be responsible for taking detailed pictures of the box and of the Products, for immediately

reporting the alleged damage to the carrier in charge of delivery (the “Carrier”) by expressly

reserving your rights upon delivery of the Products and for informing our Customer Service within

three days.

In case of express reservation of your rights under the conditions mentioned in the previous

paragraph, with the Carrier and / or our Customer Service, an investigation will be opened with the

Carrier and a reply will be sent to you within seven business days.

In the absence of such express reservation of your rights, delivery shall be considered as accepted by

you and no dispute on the packaging shall be validly brought afterwards.

The following complimentary services will be proposed, free of charge, on the Website or by the

Customer Service.

1. Gift wrap Varadi signature packaging

All our packages are beautifully gift wrapped, with the Varadi special signature packaging. The Varadi

Box and special packaging may be valuable. In case you or the Gift recipient decides to return the

product, the product should be returned in its original packaging.

2. Gift note

We offer the opportunity to include a personalized gift note within the order package. Please note

that Varadi reserves the right to withhold acceptance of any order for engraved products or

accompanied by a gift note that contains language that is objectionable or unlawful.

As a Customer based in the EU, you have the right to withdraw from this contract within 14 days

without giving any reason. The withdrawal period will expire after 14 days from the day on which you

acquire, or a third party other than the carrier and indicated by you acquires, physical possession of

the goods.

To exercise the right of withdrawal, you can call our Customer Contact Centre (telephone number

indicated on the Website) to obtain a Return Number (RN) and a pre-printed label by e-mail.

Varadi will not accept any return of Products that appear to have been used or have been damaged.

You shall send back the goods or hand them over to us without undue delay and in any event not

later than 14 days from the day on which you communicate your withdrawal from this contract to us.

The deadline is met if you send back the goods before the period of 14 days has expired. We will bear

the cost of returning the goods only if you follow the return process specified below; otherwise you

will have to bear such costs.

If the Product is damaged or destroyed, Varadi reserves the right to refuse its return or to accept it

with a partial refund only (price reduced with repair costs).

In order to ensure your entire satisfaction, Varadi also offers the Gift Recipient the same return

period, provided that they strictly comply with these Conditions of Sale.

Should a product be returned, only a Customer will be entitled to receive a refund. In no event will a

Gift Recipient be entitled to receive a refund.

You must return the Product in its original parcel and original box, with all related accessories

included when you opened the parcel. If not, you may incur a fee.

To make the return process easier for you, please follow the steps mentioned below:

– Print the e-mail with the Return Number and the DHL label,

– Place the original box(es) in the shipping parcel, the return authorization email and the

original purchase invoice,

– Properly close the shipping parcel,

– Provide the carrier with the parcel and the pre-printed label on the collection date.

In addition, you agree to take particular care when packing the Product to be returned. If the

returned Product has been damaged due to improper packaging, Varadi reserves the right to refuse

its return or to accept it with a partial refund only (price reduced with repair costs).

Following receipt of your Products in return, and provided that the return conditions are met, Varadi

shall notify you by email that the total or partial refund of Your Order is being processed. A credit

shall then be issued in the same form as the original payment.

Varadi is extremely cautious in ensuring that each product has passed all controls strictly complies

with its quality criteria.

However, if Your Product shows any defect, please contact the Customer Service immediately. In

such case, you must indicate in your email the alleged defect and include every supporting document

(detailed photos of the Product, purchase date, number of the Order, etc.).

After considering these elements, Varadi reserves its right to recover the Product to conduct a

physical investigation.

In case of a recognized defect, Varadi undertakes to either replace the defective Product to the

extent of available stocks, or to either partially or fully refund the purchase price to you, depending

on the nature of the defect.

Varadi reserves the right to refuse to follow up on a late claim, a claim relating to a defect for which

you are responsible, or which derives from the nature of the Product (certain Products might have

some uneven parts and/or irregularities which are parts of the manufacturing process or correspond

to the material used).

In your capacity as consumer, you may have legal rights under applicable national legislation

governing the sale of consumer goods; those legal rights are not affected by these Conditions of Sale.

Varadi endeavors to provide you with comprehensive, accurate and up-to- date information on the

Site. It is unfortunately not possible to warrant that a website is entirely free from human or

technological errors. This Website may contain typographical errors, inaccuracies or omissions, some

of which may be linked to the price, availability, or information on Products. Varadi reserves the right

to correct such errors, inaccuracies or omissions, even after an Order has been submitted, and to

modify or update the information at any time without prior notice.

Any and all personal information that Varadi may collect about you through the Website is subject to

the Varadi Privacy Notice, which is available through the following link: Privacy Notice.

Any contract concluded with Varadi is subject to the laws of France, without application of their

conflict of law rules.

You may bring proceedings against Varadi either in the courts of France or in the country where you

are domiciled. Varadi may also bring proceedings against you in the courts of the country where you

are domiciled.

Without any restriction to bring proceedings before a Court, Varadi or the Customer will first make

reasonable efforts for a period of thirty (30) days to resolve amicably any dispute or failure to agree

that may arise out of or relate to the product, the Conditions of Sale or any breach thereof.