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TERMS AND CONDITIONS OF SALE AND USE
1. Purpose
These Terms and Conditions of Sale and Use ("T&Cs") set forth the terms and conditions applicable between BAHR SAMA and any natural person capable of entering into a contract and acting for non-commercial purposes ("You" or “Purchaser”) who visits the Website and/or places an order of any products or gift cards through the website www.bahrsama.com (“Website”). As used herein, “BAHR SAMA” means the individual entrepreneur whose contact details are provided in here: Legal Notice.
By visiting this Website and/or placing an order, You acknowledge that You have read and that You agree to these T&Cs without reservation. These T&Cs shall prevail over any other document unless expressly agreed otherwise in writing.
2. Duration
The T&Cs are deemed accepted by the Customer at the time of validation of the order and apply for the duration necessary for the supply of the purchased product, until extinction of the guarantees provided herein.
3. Product Characteristics
All jewelry pieces offered for sale through the Website are handcrafted in sterling silver and vermeil and stamped in accordance with French regulations. Depending on the nature of the product, the Purchaser may have to choose the size or other characteristics, such as the type of metal.
Variations or slight imperfections may naturally result from the handmade process. Furthermore, some items are one-of-a-kind pieces and may therefore differ from the photos featured on the Website. This will be specified on a case-by-case basis in the “details” or “information” sections of the relevant product page, along with other specifications. By purchasing a product on the Website, You acknowledge that You have read and accepted these characteristics.
4. Orders and Payment
Orders are placed exclusively through the Website and become final upon payment confirmation. Once payment is made, the Purchaser is directed to a page confirming the purchase. No modification of the order will be possible after payment, except otherwise agreed by BAHR SAMA.
Prices are displayed in euro or other available currency (as selected by the Purchaser), and include applicable VAT/sales taxes. Payment is made using one of the payment methods offered on the Website.
Ownership of the product shall not be transferred to the Purchaser until full and effective payment of the total purchase price, including any applicable taxes and fees. Until such payment is received, BAHR SAMA retains full ownership of the products. The risks related to loss, theft, or damage to the products shall pass to the Purchaser upon delivery.
BAHR SAMA reserves the right to refuse or cancel any order in the event of suspected fraud, any payment dispute from a previous order or failure of payment, or any other reason. In such cases, BAHR SAMA will inform the Purchaser and, where applicable, proceed with a refund of any amounts already paid and demand the return of the product.
5. Shipping
BAHR SAMA pieces are exclusively made to order. This implies a waiting period of around 2 to 3 weeks before shipment of your order. This period may be longer depending on busy periods or if the order includes several products.
Shipment outside of France may incur additional customs duties and taxes, which are the Purchaser’s responsibility. Delivery time depends on the country and delivery method chosen.
Shipping costs and methods are those displayed on the Website at the time the Purchaser places his/her order.
6. Returns
6.1. Defective Delivery.
Upon receipt of your order, You must check the general condition of the package and products. In case of any anomaly (missing, wrong or damaged product, etc.), You are invited to refuse the package. You must report any anomaly concerning the delivery immediately upon receipt of the product by email to contact@bahrsama.com. BAHR SAMA may request photographs to support your claim. Subject to the right of withdrawal (Article 6.2) and the legal guarantee of compliance (Article 8), any claim based on an anomaly made more than 3 days after receipt of the product may be rejected without BAHR SAMA’s liability being engaged in this regard. If the product is proven to be defective or damaged through no fault or negligence of your own, You may be asked to return it to BAHR SAMA at the address communicated by BAHR SAMA. Upon receipt of the product, BAHR SAMA will reimburse You for the total order amount, including the return shipping costs (upon presentation of a receipt) being specified that BAHR SAMA will not bear any delivery costs over the initial delivery costs paid by the purchaser at the time of ordering. If you are based in Paris or surrounding areas, BAHR SAMA may choose to send a carrier to collect the product.
6.2. Right of Withdrawal
You have 14 days from the receipt of your order to exercise your right of withdrawal without justification. Any withdrawal request ("Withdrawal Request") must be sent to contact@bahrsama.com using the withdrawal template annexed to these T&Cs or by clearly stating your intention to withdraw in any other unambiguous form. You must then return the product within 14 days after sending your Withdrawal Request at the address communicated by BAHR SAMA. Any shipping costs incurred in relation to your return are at your own expense. Upon receipt of your product by BAHR SAMA, You will be reimbursed for the total order amount.
6.3. Conditions of Returns.
Returned products resulting from a Withdrawal Request (Article 6.2) or a defect (Article 6.1), must be in their original condition and packaging. Any return that does not meet these requirements may be refused. Also, BAHR SAMA strongly recommends using a trackable and insured shipping method, as any loss or damage during return transit will be the sole responsibility of the Purchaser and will not give rise to any refund.
Products that are customized or engraved cannot be returned, exchanged, or refunded, except in cases where the product is found to be defective or does not conform to the Purchaser’s specifications. By placing an order for a customized product, the Purchaser acknowledges and agrees that the right of withdrawal does not apply.
7. Exchanges
Exchanges are not processed directly. If You wish to exchange a purchased item, You must return it by sending a Withdrawal Request within 14 days following delivery (Article 6) and place a new order. The Purchaser is responsible for return costs in the event of an exchange.
8. Warranty and Liability
BAHR SAMA complies with the legal guarantee of compliance governed by Articles 1641 et seq. of the French Civil Code and Articles L. 217-4 to L. 217-20 of the French Consumer Code. This guarantee is a legal obligation requiring the seller to deliver goods that conform to the contract. The Purchaser has a period of 2 years following delivery to exercise this warranty in the event of a lack of conformity. For the avoidance of doubt, defects resulting from natural use of a jewelry piece, silver or vermeil tarnishing, or damages resulting from improper use of the product, impacts, frictions, negligence, inadequate maintenance, are not covered under this legal warranty. Care instructions are provided for information purposes with each order and in the “care tips” section of the Website.
BAHR SAMA shall not be held liable for damages resulting from improper use or care of its products. BAHR SAMA’s liability shall anyway be strictly limited to the purchase value of the relevant item, except in cases where broader compensation is permitted by applicable law.
BAHR SAMA shall not be responsible if the purchased item does not meet the Purchaser’s expectations or does not fit her/his size. It is the Purchaser’s sole responsibility to ensure that the product is suitable for her/his needs before completing the order.
Photographs featured on the Website, including in the products’ pages, are for illustrative purposes only. BAHR SAMA can not be held liable for any discrepancy between such photographs and any purchased product.
Delivery timeframes indicated on the Website are provided as estimates and may be affected by factors beyond BAHR SAMA’s control, including but not limited to customs procedures and carrier delays. BAHR SAMA shall not be held responsible for such delays. Furthermore, artisanal production may fall behind schedule during busy periods. In this case, You will be informed by BAHR SAMA.
9. Force Majeure
BAHR SAMA shall not be held liable for any failure to perform or delay in performing its obligations due to force majeure, as defined by French case law. Force majeure includes but is not limited to natural disasters, governmental restrictions, strikes, supply chain disruptions, pandemics, and any other unforeseen event beyond the reasonable control of BAHR SAMA. In such cases, BAHR SAMA will notify the Purchaser as soon as possible, and the obligations of both parties will be suspended for the duration of the event.
10. Personal Data Protection
Personal data collected through the Website is processed in compliance with applicable laws and in accordance with the Privacy Policy. You have the right to access, rectify, and delete your personal data. To exercise these rights, please send a request to contact@bahrsama.com.
11. Intellectual Property
The brand "bahr sama" including all its derivatives and logos, and the Website and all its components (graphic designs, information, texts, photographs, products and other content (together, the "Content"), are the exclusive property of or are licensed to BAHR SAMA. Any reproduction or representation, in whole or in part, of the Content is prohibited. These T&Cs do not grant users and/or Purchasers any intellectual property rights over the Content. Users expressly agree not to use the Website in a manner that infringes upon BAHR SAMA's, including unauthorized reproduction or representation, unfair competition, or parasitic behavior.
12. Website Access
Access to the Website is free and does not require prior registration, although users of the Website may decide to create an account. Users are responsible for their equipment and internet connection costs. BAHR SAMA grants users a non-exclusive right to consult and access the Website's information, excluding any other rights. BAHR SAMA endeavors to provide users with optimal access to the Website but cannot be held liable for connection issues caused by users' equipment or their internet service providers. Furthermore, BAHR SAMA declines all responsibility for any damage of any kind caused to users' devices, by viruses or malware of any kind.
12. Governing Law and Jurisdiction
These T&Cs are governed by French law. In the event of a dispute regarding their validity, interpretation, enforcement or termination,, an amicable resolution will be sought first. If no amicable resolution is reached, the competent French courts shall have sole jurisdiction, subject to mandatory laws conferring jurisdiction to courts of other countries).
13. Modification of these T&Cs
BAHR SAMA reserves the right to modify at any time these T&Cs by publishing a new version on the Website without notice. The terms and conditions of sale applicable are those in effect at the date of placing an order.
14. Alternative Dispute Resolution
In accordance with Article 14 of Regulation (EU) No 524/2013, consumers may seek alternative dispute resolution through the European Online Dispute Resolution (ODR) platform, accessible at: https://ec.europa.eu/consumers/odr. If You have a claim to raise in relation to BAHR SAMA’s products or services, please contact us first at contact@bahrsama.com. If no satisfactory solution is found, You may use the ODR platform for mediation. This clause does not limit Your legal rights to pursue other remedies under applicable laws.
For any inquiries or claims, please contact us at: contact@bahrsama.com.
Last update: 1 March 2025.