Bluebird E-shop & Customer Relations Center

Last updated: January 2024

We may change these Terms of Sale at any time. Therefore, please check back regularly to keep you informed of updates. The latest version of these Terms of Sale will always be available on the Platforms. Any new version of these Terms of Sale will take effect immediately on the date of publication and will govern any orders for products or services placed on or after that date. Any changes made to the Terms of Sale after you have placed an order will not affect that order or your relationship with us, except as required by applicable law.

REGARDING BLUEBIRD AND THESE TERMS OF SALE

These General Terms and Conditions of Sale are concluded on the one hand by the company BLUEBIRD with a share capital of 3000 Euros whose registered office is located at Carrer de les pistes, La Solana, AD200 Pas de la Casa, Andorra,  registered in the Trade and Companies Registry of ANDORRA under the number 717176G hereinafter referred to as “BLUEBIRD” and managing the bluebird-gems.com website and,  on the other hand, by any natural or legal person wishing to make a purchase via the website bluebird-gems.com hereinafter referred to as “the buyer”.

These are intended to define the contractual relationship between BLUEBIRD and the buyer and the conditions applicable to any purchase made through the blurbird-gems.com website.

Condition for purchase

The purchase of a product through this site implies an unreserved acceptance by the buyer of these terms and conditions of sale, which the buyer acknowledges having read prior to placing the order. Before any transaction, the buyer declares that the purchase of products on the bluebird-gems.com website is not directly related to his or her professional activity and is limited to strictly personal use and that he or she has reached the age of legal majority or if for any other reason you do not have the legal capacity to enter into contracts,  one of your parents or guardian will need to place your order on your behalf, and they will be asked to agree to these Terms of Sale.

All orders placed by the Client via the Site are subject without reservation to the T&Cs.

PRODUCE

The products offered are those listed on the BLUEBIRD bluebird-gems.com website, subject to availability. BLUEBIRD reserves the right to change the product range at any time. Each product is presented on the website in the form of a description of its main technical characteristics (price, size, materials, stones, etc.). The photographs are as faithful as possible but do not bind the Seller in any way. The sale of the products presented on the bluebird-gems.com website is intended for all buyers residing in countries that fully allow the entry of these products into their territory.

PRODUCT PHOTOS

Product photos are for illustrative purposes only. We invite you to refer to the description of each product to know the precise characteristics. If you have any doubts or would like further information, please do not hesitate to contact us at contact@bluebird-gems.com

PRICES, TAXES AND SHIPPING COSTS

The prices of our products are non-negotiable. Indeed, we strive to charge the fairest prices possible. The final price of Our creations reflects the costs inherent in quality manufacturing and the prices of raw materials such as metal and stone.

While we endeavour to ensure the accuracy of all details, descriptions and prices that appear on the Website, there may be times when errors occur. If we discover an error in the price of the products you have ordered, we will notify you as soon as possible and give you the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, your order will be considered cancelled. If you cancel and have already paid for the products, you will receive a full refund as soon as possible.

Payment Currencies

If the payment card used by the Customer applies a different currency than that indicated on the invoice, the selling price of the products will result from the conversion of the price indicated on the invoice into the currency applicable to the Customer’s payment card using the exchange rate applicable at the time the payment card issuer processes the transaction.

Taxes

The prices indicated are inclusive of all taxes (VAT and other taxes applicable on the day of the order).

Depending on your delivery address, different taxation rules and additional fees may apply. You may have to pay import duties upon receipt of the products. If they are not included, we have no control over these charges and we cannot inform you of their amount. You will be responsible for paying those import duties and taxes that are not included. Please contact your local customs office for further information and a “Landed Cost Estimate” before placing your order.

Shipping costs

The prices of the products indicated on the website are to be understood as including delivery costs, unless otherwise stipulated. Delivery costs are calculated according to the Customer’s country of delivery and are detailed on the summary page of your order.

Your order may be subject to import duties and taxes that are applied when the package reaches that destination. Customer must comply with all applicable laws and regulations of the country for which the products are intended. We will not be held liable if the customer violates these laws.

ORDERS & PAYMENT OF ORDERS

The confirmation of an order implies acceptance of these General Terms and Conditions of Sale, the acknowledgment of having full knowledge of them and the waiver of the right to invoke its own terms and conditions of purchase. All the data provided and the confirmation recorded will be considered as proof of the transaction. If the buyer has an e-mail address and has provided it on his order form, BLUEBIRD will send him by e-mail the confirmation of the registration of his order.

The website allows the customer to check their order and correct any errors before making a purchase. Please take the time to read and review your order on each page of the checkout process, as you are responsible for ensuring that the information provided is complete, accurate and up-to-date.

The Client declares that he/she has read all the information provided, the confirmation recorded constitutes proof of the transaction. The confirmation of the order is considered as a signature and acceptance of the operations carried out.

All orders are subject to availability and confirmation of the order price. We reserve the right not to record a payment and not to confirm an order. BLUEBIRD will inform the Customer of the reasons for the non-confirmation of his order if he requests it.

BLUEBIRD reserves the right to refuse, cancel, and terminate orders at any time, subject to legitimate grounds under applicable law. For example, we may refuse, terminate, or cancel an order if there is an ongoing dispute regarding payment for a previous order or if BLUEBIRD suspects, in its sole discretion, that Customer has engaged in fraudulent or black market activities or has otherwise violated the TOS.

We also reserve the right to cancel all or part of an order in the event of default by one of our suppliers as well as in the event of force majeure. We will notify you as soon as we become aware of this and refund any monies you have already paid to us in connection with the cancelled order or part of the order. In any case, we will contact you as soon as possible to offer you different possible options.

Order Payments

You can pay for your orders:

Or by bank transfer: Our Website provides you with BLUEBIRD’s bank details. You must make the required transfer so that it appears within 7 (seven) days for the order to be registered. The date the order is placed is the date the funds are received in the BLUEBIRD account.

Either by PayPal in payment 4x without possible fees (Visa, MasterCard, American Express or Carte Bleue): the amount of Your order will be divided into four monthly instalments.

PayPal reserves the right to take care of the dates and monthly payments.

The date of registration of the order is the date of the online payment.

PROPERTY RESERVES

BLUEBIRD retains full and complete ownership of the products sold until the price has been fully paid, including principal amounts, fees and taxes.

RETRACTION

Pursuant to Article L121-20 of the French Consumer Code, the buyer has a period of fourteen working days from the delivery of their order to exercise their right of withdrawal and thus return the product to the seller for exchange or refund without penalty, with the exception of return costs.

However, as the vast majority of our pieces are made individually and to order according to your specifications (choice of a design, a precious metal, a precious stone, a finger size for rings, a length for chains and bracelets, and a personalized engraving), these fall within the scope of exception n°3 of Article L. 221-28 of the Consumer Code. Thus, for all these pieces made by piece to order (indicated as deliverable in “three to four weeks” or more, or in general for any piece that you request to be engraved in a personalized way), this right of withdrawal does not apply, which you expressly acknowledge.

DELIVERY

Please see our shipping policy for delivery information.

The order can be sent to a delivery address that is different from the billing address.

Deliveries are made to the address indicated on the order form, which can only be within the agreed geographical area.

BLUEBIRD may provide the buyer with the tracking number of their package by email. The buyer is delivered to their home.

The risks associated with transport are borne by the purchaser from the moment the items leave the premises of the BLUEBIRD company. The buyer is obliged to check the condition of the packaging of the goods and their contents upon delivery in the presence of the delivery person. In the event of damage during transport, any complaint must be made to the carrier within three days of delivery.

In certain circumstances, outside of our responsibility and control, our delivery partner may leave the Customer’s package outside or provide the Customer with optional services when delivering your order, such as: signature waiver; deposit at a neighbour’s house; reschedule a new delivery date; Redirect to a collection point. If our delivery partner leaves your parcel outside, or if the Customer selects one of the optional services (including through the default preferences that the Customer may have selected separately with our delivery partner). The Customer acknowledges and agrees that BLUEBIRD bears no liability for any loss or damage that may result from the delivery of your order in this manner.

PRIVACY POLICY

The purpose of this Privacy Policy is to inform users of the site:

1. How their personal data is collected. Personal data is any information that can be used to identify a user. As such, it may be: his/her first and last names, age, postal or email address, location or IP address (non-exhaustive list);

2. On the rights they have in relation to this data;

3. The person responsible for the processing of the personal data collected and processed;

4. On the recipients of this personal data;

5. On the site’s cookie policy.

This policy was last updated on July 01, 2023.

PRINCIPLES RELATING TO THE COLLECTION AND PROCESSING OF PERSONAL DATA

In accordance with Article 5 of European Regulation 2016/679, personal data is:

1. Processed in a lawful, fair and transparent manner with regard to the data subject;

2. Collected for specific purposes (cf. Article 3.1 hereof), explicit and legitimate, and not subsequently processed in a manner incompatible with these purposes;

3. Adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed;
Accurate and, if necessary, kept up to date. All reasonable steps must be taken to ensure that personal data that is inaccurate, having regard to the purposes for which it is processed, is erased or rectified without delay;

4. Kept in a form that allows the identification of the data subjects for no longer than is necessary for the purposes for which they are processed;

5. Processed in such a way as to ensure appropriate security of the data collected, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.

PERSONAL DATA COLLECTED AND PROCESSED IN THE CONTEXT OF BROWSING THE SITE

Data Collected
The personal data collected in the course of our activity is as follows:

1. Identity, address and contact details: title, surname, first name, address, delivery and billing address, email address, telephone number

The collection and processing of this data serves the following purposes:
2. Carry out operations relating to customer management concerning the creation of a customer account; contracts; at the controls; deliveries; invoices; accounting and in particular accounts receivable management; customer relationship monitoring, such as conducting satisfaction surveys and managing after-sales service complaints;

1. Carry out operations relating to prospecting;

2. The management of requests for the right of access, rectification and opposition;

3. The management of people’s opinions on products, services or content.

How data is collected
When you use our site, personal data is collected when you perform the following operations on the platform:

1. It is kept by the data controller under reasonable security conditions, for a period of 3 years from the closure of the account, and this for data relating to orders: transaction number, details of purchases, amount of purchases, purchase history, data relating to the payment of invoices, return of products.

However, the invoice is kept for 10 years in accordance with the legal obligations in this area. ;

The Company may retain certain personal data beyond the deadlines announced above in order to comply with its legal or regulatory obligations.

Data Hosting
The BLUEBIRD website is hosted by:
Bluebird SLU
Carrer de les pistes, La Solana, AD200 Pas de la Casa, Andorra
Contact : contact@bluebird-gems.com

DATA CONTROLLER

The Data Controller
Personal data is collected by the company BLUEBIRD, SLU with a capital of 3000 euros, whose registration number is 717176G.
The person responsible for the processing of personal data can be contacted in the following ways:
By post to: Carrer de les pistes, La Solana, AD200 Pas de la Casa, Andorra By phone, 07 62 39 70 12;
By e-mail: contact@bluebird-gems.com

If, after contacting us, you believe that your “Informatique et Libertés” rights have not been respected, you can send information to the CNIL.

YOUR RIGHTS IN RELATION TO DATA COLLECTION AND PROCESSING

Any user concerned by the processing of his or her personal data may avail himself of the following rights, pursuant to European Regulation 2016/679 and the Data Protection Act (Law 78-17 of 6 January 1978):

1. Right of access, rectification and right to erasure of data (set out in Articles 15, 16 and 17 of the GDPR respectively);

2. Right to data portability (Article 20 of the GDPR);

3. Right to restriction (Article 18 of the GDPR) and to object to the processing of data (Article 21 of the GDPR);

4. Right not to be subject to a decision based solely on an automated process

5. Right to lodge a complaint with the competent supervisory authority (Article 77 GDPR).

To exercise your rights, please send your letter to Bluebird SLU Carrer de les pistes, La Solana, AD200 Pas de la Casa, Andorra or by email to contact@bluebird-gems.com
In order for the data controller to comply with your request, you may be required to provide certain information such as: your first and last names, your e-mail address as well as your account, personal space or subscriber number.
You can also visit the cnil.fr website for more information about your rights.

CONDITIONS FOR MODIFYING THE PRIVACY POLICY

The publisher of the BLUEBIRD website reserves the right to modify this Policy at any time in order to ensure that users of the site comply with the law in force.
Any changes will not affect purchases previously made on the site, which remain subject to the Policy in force at the time of purchase and as accepted by the user at the time of purchase.
The user is invited to read this Policy each time he uses our services, without the need to formally notify him.

GUARANTEE

All products supplied by BLUEBIRD are covered by the legal warranty provided for in articles 1641 et seq. of the French Civil Code.

As such, BLUEBIRD remains liable for the non-conformity of the goods to the contract and for the crippling defects and non-conformity under the conditions provided for by the aforementioned provisions.

“Article L. 217-4 of the Consumer Code: The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.

Article L. 217-5 of the Consumer Code: To comply with the contract, the goods must:

1° Be fit for the use usually expected of similar property and, if applicable,

– correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;

– present the qualities that a buyer can legitimately expect in the light of public statements made by the seller, by the producer or his representative, in particular in advertising or labelling;

2° Either have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L. 217-12 of the French Consumer Code: The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.

Article 1641 of the Civil Code: The seller is bound by the guarantee in respect of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use, that the buyer would not have acquired it, or would have given only a lower price, if he had known of them.

Article 1648 paragraph 1 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. »

In the event of a lack of conformity, the Client chooses between repair and replacement of the Product. To report a lack of conformity, contact customer service: contact@bluebird-gems.com

If the repair and replacement of the Product is impossible, the Customer may return the product and have the price refunded or keep the product and have part of the price returned, in accordance with the provisions of Article L. 217-14 of the Consumer Code.

The BLUEBIRD Contractual Guarantee

BLUEBIRD ensures the perfect quality of its Products, and gives them all its care from their manufacture to their sale.

If, however, one of our products does not comply with BLUEBIRD’s quality standards, the Customer benefits from a contractual warranty for two years following its purchase.

The BLUEBIRD contractual warranty applies under normal use. Ageing, wear and tear due to the use of a perfume, as well as deterioration, breakage or loss of stones resulting from an accidental circumstance, the intervention of a third party, improper use or lack of maintenance are excluded from the warranty.

RESPONSIBILITY

In the distance selling process, BLUEBIRD is only bound by an obligation of means. It cannot be held liable for any damage resulting from the use of the Internet network such as loss of data, intrusion, virus, interruption of service, or other unintentional problems.

INTELLECTUAL PROPERTY

All elements of the bluebird-gems.com site are and remain the exclusive intellectual property of BLUEBIRD. No one is authorized to reproduce, exploit, or use for any purpose whatsoever, even partially, elements of the site whether they are in the form of photos, logos, visuals or text.

APPLICABLE LAW AND JURISDICTION

These Terms and Conditions of Sale shall be governed by and construed in accordance with the laws of the country where the registered office of the Sales Entity is registered. The Sales Entity has its registered registered office, without reference to any conflict of law provisions (“Governing Laws”). Any dispute, controversy or claim arising out of or relating to the Terms of Sale, including the validity, nullity, breach or termination of the Terms of Sale, shall be adjudicated or submitted to arbitration in accordance with the Terms of Sale. If the applicable law is different from the consumer law in your country, we will provide you with similar protection.

You may bring proceedings against us either in the courts of the country where the Selling Entity’s registered office is registered or in the country where you are domiciled. We may also bring proceedings against you in the courts of the country where you are domiciled.

Without limitation to the filing of any claim in a court of the country in which the Selling Entity’s registered office is registered, you and Bluebird will use reasonable efforts for a period of thirty (30) days to amicably resolve any dispute or disagreement arising out of or related to the product,  the General Terms and Conditions of Sale or any breach thereof.

If you are a consumer residing in the European Union, you have the right to submit your complaint to an Alternative Dispute Resolution institution. For a list of ADR institutions in your country, you can consult the European Commission’s Online Dispute Resolution platform at http://ec.europa.eu/consumers/odr.