Your account Emile Leon
Create or log in to your Emile Leon account to save your wish lists and track your orders on our E-Boutique.
Your account Emile Leon
Create or log in to your Emile Leon account to save your wish lists and track your orders on our E-Boutique.
These general conditions of sale and use of the site (hereinafter, the “Conditions”) apply between:
EMILE LEON, a limited liability company with share capital of 305,000 euros, registered with the Paris Trade and Companies Register under number 753 106 616, intra-community VAT number FR 31 75 31 06 616, whose registered office is located at 8 rue Royale 75008 Paris (hereinafter, “We”, “Our”, “Our” or “EMILE LEON”), and
Any adult natural person acting exclusively within the strict framework of their personal needs, who consults the website www.emileleon.fr (hereinafter, the "Site") and/or makes a purchase from EMILE LEON (hereinafter " You", "Your", "Your", the "User" or the "Internet user").
We ask that you read the Contract (as defined below) carefully before using the Site and/or placing any order with EMILE LEON insofar as this Contract affects Your rights and obligations. The mere use of the Site and/or the placing of any order constitutes knowledge and irrevocable agreement on Your part of the Contract. If You do not agree with any of these provisions, You are not authorized to use all or part of the Site and/or to place any order.
Article 1 – General Provisions
1.1 Useful Contact Information
You can contact us on +33 01 40 20 40 03 from Monday to Saturday from 10.30am to 7pm (French time).
The site is hosted by OVH.
1.2 Scope of the Agreement
Your use of the Site and/or any purchase made from EMILE LEON are expressly and exclusively governed by (I) the Terms, (II) Our Data Protection Policy and (III) all other terms and conditions published or otherwise referenced from time to time on the Site (together, the “Agreement”). Please note that the Terms prevail, in the event of any inconsistency and unless expressly provided otherwise, over any other terms and conditions mentioned in section (III) above.
1.3 Amendments to the Contract
The Agreement may at any time be reviewed, updated or otherwise modified, in whole or in part, it being specified that when You place an order on the Site, The Conditions applicable are those in force on the Site on the date of registration of Your order.
Article 2 – Price – Payment
2.1 The prices of Our products are indicated in euros, all taxes included. We invite you to consult the following link (delivery) for more information about possible shipping and other processing costs that may apply and, if applicable, will be indicated when placing Your order. You must contact Us (see article 1.1) if You wish to be delivered outside the European Union.
2.2 For any order to a country other than France, You are the importer of the product(s) ordered. For all products shipped outside the European Union, the price will be calculated automatically on the invoice. Customs duties, other local taxes, import duties or state taxes may be payable. These rights and sums are not Our responsibility or responsibility. They will be entirely at Your expense and under Your responsibility, both in terms of declarations and payments to the competent authorities and/or bodies. We advise you to contact the competent authorities in your country.
2.3 An invoice will be issued and sent to you upon receipt by Us of Your order (see article 3.2.3 below).
2.4 All orders are payable in euros.
2.5 EMILE LEON reserves the right to change its prices at any time and without notice, subject to Article 1.3 above. The products already ordered will remain billed based on the prices in force at the time of registration of Your order.
2.6 You can pay for your orders: (I) by credit card (Visa, MasterCard or Carte Bleue);
Payment in installments with Alma.
If you pay for your order multiple times, you agree to Alma’s Terms and Conditions. as well as the special Alma conditions for Emile Léon’s guests.
The Seller reserves the right to cancel or refuse any order in case of price error, especially if the displayed price is very different from the real price, almost derisory.
Article 3 – Order and delivery
3.1 Conditions for placing an order
You state:
– be at least 18 years of age and have the legal capacity to place and honour any order or to hold a parental authorisation allowing you to place and honour any order and be able to justify it at any time, on Our simple request;
– be a natural person acting in the context of your personal needs (in particular that any order You make must correspond to the normal needs of an individual).
3.2 Placing an Order
3.2.1 Specific provisions applicable to placing orders on the Site We acknowledge receipt of Your order only if the following steps are followed.
Step 1: You must enter all the data that You are asked to enter, namely:
– Your first and last name;
- Your contact information (phone and email)
- Your precise billing address (for security reasons, we ask that the billing address be the one recorded by the institution issuing your bank card, in order to protect you from possible fraudulent use);
- Your specific delivery address (mailboxes are not accepted);
- Your method of settlement.
2nd step: to validate Your order, You must:
– review the data you entered and correct any errors;
– tick the box confirming that You have read and that You fully accept the Agreement;
– click on "validate".
3rd step: after the validation of Your Order, You must carefully confirm it again. To this end, You must:
– review the details of Your order, including its total price;
– click on “confirm”.
3.2.3 Receiving Your Order
As soon as Your order is registered on the Site, and within a maximum of 2 (two) working days from that date, We acknowledge receipt of Your order and inform You accordingly. EMILE LEON is bound by the order only as from the sending of this acknowledgement of receipt. EMILE LEON reserves the right to refuse any order concerning a User, on just grounds, in particular if there is a doubt or a dispute concerning the payment of a previous order.
3.2.4 Changes to your order
Modifications by Your care:
Until the date of dispatch of your purchases (of which We inform You - see below), You have the possibility to modify all or part of Your order (including by adding or deleting one or more products). Any modification will be analysed in a new command that will completely cancel the previous one and must respect the process described above (order on the Site or by phone) to be taken into account by EMILE LEON. This option to modify the order does not apply to orders for custom or engraved products at Your request.
Modifications by Our care in case of unavailability of the ordered product:
Our product offers and their prices are valid within the limits of the products available. If it should happen that some of the products that You have ordered are no longer available, We undertake to substitute them with products of at least equal quality (as the diamond certificate attests) without changing the price of Your order. We will inform You as soon as We become aware of this unavailability, You will inform us if necessary of the new delivery time and You will in any case leave You the possibility to proceed with the cancellation of Your order.
We also reserve the right to cancel all or part of an order in case of failure of one of our suppliers as well as in case of force majeure. We will notify You of this as soon as We become aware of it and refund any amount You have already paid in connection with the order or part of the cancelled order.
3.3 Delivery
3.3.1 Information
We inform you in writing of the dispatch of your articles.
We send you in writing at the latest at the time of delivery confirmation of at least the following information:
– our identity (name, phone number, head office), delivery charges, terms of payment, delivery or execution (but only if your order was placed by phone);
– the conditions and procedures for exercising the right of withdrawal;
– the address where You can form Your possible complaints;
– the guarantees You have after delivery.
- Your order’s expected shipping date and delivery date
3.3.2 Place of Delivery
The products are delivered to the delivery address that You indicated during the ordering process.
3.3.3 Delivery Times
Unless longer manufacturing, processing, shipping and/or delivery times are required (which We will inform You of upon receipt of Your order), the ordered products are delivered within ten (10) working days from receipt of Your order (see section 3.2.3 above).
Delivery will be deemed to occur on the date of first presentation of the products to the delivery address indicated.
3.3.4 Delivery charges
Shipping costs are free for all orders in Metropolitan France.
Delivery costs are on request for all orders outside Metropolitan France
3.3.5 Delay in Delivery
We invite you to regularly check the status of Your order on the Site (section «My orders») or by calling Our advisors (article 1.1 above). We will keep you informed of any shipping delays that we become aware of. In this case:
– if the product has not yet been sent, You can cancel Your order;
– if the product has already been sent to you, You can cancel Your order by proceeding as described in Article 4 below.
If You order several products at the same time and only some of them are delayed, We can split the shipments. In this case:
– only products shipped will be debited;
– the shipping costs of products shipped late will be free of charge;
– the above provisions relating to the cancellation of the order can only apply to products that are late.
3.3.6 Observations on delivery or delivered products
It is imperative that you check packages and products upon delivery. If You have any reservation or observation justifying that the products are returned to us, You must proceed as indicated in article 4 below.
If the customer orders a product and it is no longer available in stock, EMILE LEON can offer the same product with a larger stone cut and/or a better stone quality and the customer will not be able to contest the sale.
However, the customer will of course be able to exchange or return his product within the time allowed under these terms and conditions if he does not find satisfaction in his purchase.
3.3.7 Ownership – Risks
The transfer of ownership of the products takes place from the full payment of the price. The transfer of risks on the products takes place on delivery of the products.
Article 4 – Returns 4.1 Right of withdrawal
Pursuant to the provisions of Article L. 121-20 of the French Consumer Code, You have a period of fourteen (14) clear days from receipt of the products to exercise Your right of withdrawal, without justification or penalties. The costs of returns are covered by EMILE LEON. You must attach proof to your shipment in order for the refund to be made.
To do this, you must inform EMILE LEON’s customer service in writing or by telephone (see article 1.1 above) of Your decision before returning the products to Us, and then follow the return process described on the Site (return process).
We will refund you no later than thirty (30) days from the date your right of withdrawal was exercised.
4.2 Conditions for acceptance of returns
The returns provided for in article 4.1 above will not be accepted by EMILE LEON and will not give rise to refund or exchange only if:
(I) the products are returned complete (guarantee card, original certificate provided if this is the case, accessories, box, records, etc.), in perfect condition and accompanied by a copy of the original purchase invoice; thus, incomplete returned items, damaged, damaged or soiled will in no case be taken back; it is specified that if EMILE LEON accepts, despite the absence of the certificate (if the latter had been provided to you), Your return, the replacement of the certificate will be invoiced to you 200 (two hundred) euros HT, or 239.20 (two hundred and thirty-nine euros and twenty cents) including taxes which will be deducted from the refund and/or will give rise to invoicing;(II) Our specialists confirm that the product, or any other component of the product, complies with the product sent to you, without damage, modification, or intervention of any kind. In addition, products which have been the subject, at Your request, of a personalised or specific inscription (in particular the mount of which would have been engraved or the diamond(s) have been the subject of a laser inscription or other, outside the certificate number) will no longer be refundable or exchanged.
4.3 Repayment and Exchange Terms
In case of receipt of a defective product or if the Customer wants to exercise his right of withdrawal, he can request a credit note or a refund via the "CONTACTS" section. In the event that the customer does not follow this procedure, the processing time for the return of the package can be considerably extended. A refund is then possible only if the customer has respected the period of the right of withdrawal.
EMILE LEON undertakes to refund the customer within a maximum of 30 days after receipt of the returned package.
Article 5 – Guarantees
5.1 Product Warranty
However, this guarantee will only be granted if:
(I) all the conditions described in 4.2 (i) to (ii) are met;
(II) the defect of which You rely does not result:
– abnormal or non-compliant use;
– normal wear and tear or aging;
– an accidental event or, more generally, an external cause (such as the intervention of any unauthorized third party on the jewellery).
In addition, the costs of sending and returning the jewellery are entirely at Our expense.
5.1.2 Legal Warranties
Regardless of the guarantee referred to in Article 5.1.1, EMILE LEON remains bound by the defects of conformity of the product to the Contract and the prohibitive defects under the conditions provided for in Articles 1641 to 1649 of the Civil Code:
Article L. 211-4 of the French Consumer Code: The seller is obliged to deliver a good in accordance with the contract and is liable for any non-conformity existing at the time of delivery. He shall also be liable for any noncompliance resulting from the packaging, installation instructions or installation where the latter has been charged to him by the contract or has been carried out under his responsibility.
Article L. 211-5 of the French Consumer Code: To comply with the contract, the property must:1) Be suitable for the usual intended use of a similar good and, where applicable:
– correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
– present the qualities that a buyer may legitimately expect in view of public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2) Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the knowledge of the seller and which he has accepted.
Article L. 211-12 of the Consumer Code: The action resulting from the failure to comply is prescribed by two years from the issue of the property.
Article 1641 of the Civil Code: The seller is bound by the guarantee on account of the hidden defects of the thing sold which make it unsuitable for the use for which it is intended, or which diminish it so much that the buyer would not have acquired it, or would have given only a lower price, if he knew them.
Article 1648 first paragraph of the Civil Code: The action resulting from the fatal defects must be brought by the purchaser, within two years from the discovery of the defect.»
5.2 Site Warranty
Without prejudice to the guarantees contained in Article 5.1 above, EMILE LEON does not agree to any guarantee on the Site and/or the Content (as described in Article 7 below). In particular, EMILE LEON does not give any guarantee as to the conformity of any of the elements of the Site to any particular use. EMILE LEON does not guarantee that the functions contained on the Site and that any Content or other element contained therein will be available at any time, uninterrupted or without error, any defects or errors will be immediately corrected or the Site or its server will at any time be free from viruses or other components that may cause damage.
Article 6 : Responsibility 6.1 The jewellery and watches offered comply with the French legislation then in force. EMILE LEON cannot be held liable in case of non-compliance with the legislation of the country where the jewellery and watches are delivered. It is your responsibility to check with the local authorities on the possibilities and methods of importing jewellery and watches that you intend to order, and to respect them under your sole responsibility.
Moreover, if You choose to access the Site from territories other than France, You do so on your own initiative and at Your sole risk. It is Your responsibility to respect local legislation to the extent that such legislation is applicable.
6.2 Photos of jewellery and watches are for illustrative purposes only. We invite You to refer to the description of each jewel or/and watch to know its precise characteristics. In case of doubt or if You would like further information, do not hesitate to contact Us (see article 1.1 above).
6.3 The total liability of EMILE LEON, for all damages that may be reparable under the terms of the Agreement, which it is likely to cause You under the Agreement is incurred in case of fraud or gross negligence, or in case of liability for defective products.
It is specified that, within the framework of the Contract, are deemed to constitute indirect damages not giving right to compensation by EMILE LEON, even if they would be foreseeable, any loss of profits, turnover, data, bases or programs, deprivation of savings and any additional costs, as well as any image damage and any third party claims.
In particular, EMILE LEON shall not be liable to You for damages caused by (I) your own act, omission or fault; (II) any case of force majeure as defined by the jurisprudence of the French courts; (III) any third party not related to EMILE LEON for the performance of the Agreement (for example, in the event that problems arise from performance, congestion or connection of telecommunications means or services, or the performance of your IT equipment); or (IV) any other event that neither EMILE LEON nor its suppliers could have foreseen or prevented even if EMILE LEON or its suppliers had taken all reasonable precautions.In particular, will be considered to be Your own act, omission or fault: any damage or loss You suffer as a result of the inadequacy or incompatibility of Your computer equipment (hardware and/or software) to all or part of the Site and/or the failure to implement all reasonable and necessary protections against any harmful programs, devices or communications, as it is You, and You alone, (I) verify or have verified that Your computer and/or telecommunications equipment is suitable and compatible with the Site, before any use and (II) put in place and implement all reasonable and necessary protections against all programs, harmful devices or communications, including anti-virus software.
6.4 The site may contain links to other sites on the Internet. These other sites are not under the control of EMILE LEON and You acknowledge that EMILE LEON is not responsible for the accuracy, respect of intellectual property rights, legality, decency or any other aspect of the content of these sites. The inclusion of such a link does not imply any endorsement of EMILE LEON, nor any association with its operators. EMILE LEON cannot guarantee that you will be satisfied with any product or service that you will obtain on a third party site that is the subject of a hyperlink from or to the Site, as the channels of other online businesses are owned and operated by independent merchants. EMILE LEON does not promote any goods and has taken no steps to confirm the accuracy or reliability of any information contained on these third-party sites. We strongly encourage You to carry out any research You deem necessary or appropriate before making any electronic transaction with any of these third parties.
6.5 Without prejudice to the provisions of Articles L. 211-12 of the Consumer Code and 1648 of the Civil Code (recalled in article 5.1.2 above) and other mandatory legal provisions to the contrary, You agree that any claim or action arising out of or related to the use of all or part of the Site or the Agreement must be formulated and implemented judicially within one (1) year of the first of the following two dates, under penalty of limitation: the date on which the claim was first made or the date on which the cause of the claim first appeared.
Article 7 – Intellectual property
7.1 The Site and all the elements (including the products), documents and other data contained therein (the “Content”), whether visual or sound, are protected by the applicable French and international rules concerning trademarks, as applicable, trade or services, whether or not they are filed as such, and trade names or other distinctive signs, copyright, related rights, sui generis rights, design rights, patents, trade secrets or other rights of the same kind and belong or have been licensed to EMILE LEON.
7.2 Your right to make use of the Site and any Content or other element contained herein is subject to Your compliance with the Agreement and any applicable laws or regulations. Any use of the Site or any Content for any purpose other than those authorized by the Agreement may constitute a violation of our rights or those belonging to Our licensors:
(I) You may only access and display any Content and other elements of the Site for non-commercial and private use;
(II) the Site and any Content may not be copied, reproduced, modified, republished, downloaded, posted, adapted, transmitted, distributed or used in any way without the prior written permission of EMILE LEON or unless legally required permission applicable (in this case, You will have to keep intact all notices of right of ownership);
(III) decompilation, reverse engineering, disassembly or other reduction of the code used in any software on the Site in a readable form to examine its structure and/or copy or create other based products (in whole or in part) on this software are prohibited, except mandatory legal exception applicable (as provided by article L. 122-6-1 IV of the Intellectual Property Code);
(IV) You must not use meta tags or any other hidden text containing Our name, brand(s) or that of companies related to Us without Our specific, prior and written consent;
(V) any User who wishes to place, for his personal use, on his site, a simple link directly to the homepage of the Site, must first obtain Our specific and written permission; under no circumstances will Our agreement incur any liability whatsoever on the Site or any Content;
(VI) any hyperlink referring to the Site by the technique of framing or in-line linking is strictly prohibited.
Article 8 : Comments, reviews, communications and other content
8.1 Users may send Us reviews, comments or any other content, Submit Us suggestions, ideas, questions or any other information as long as such content is not illegal, obscene, abusive, threatening, defamatory, infringing intellectual property rights, or prejudicial to third parties and does not or does not contain computer viruses, political activism, commercial solicitations, mass mailing, channels, or any other form of spam. You must not use a false e-mail address, impersonate a person or entity, or lie about the origin of the content. We reserve the right, in our sole discretion, to remove or modify any content.
8.2 If You Send Us Content, and unless otherwise specified by You, You grant Us, as well as related companies, for the applicable legal term of protection, the non-exclusive and free right to reproduce, modify, adapt, publish, translate, distribute, sublicense and display this content worldwide, on the Site and on all media.
8.3 You represent and warrant that We are the owner or holder of the necessary rights to the content You transmit to Us. You agree to indemnify Us in the event of any action or claim by a third party against Us where such action would have as cause, foundation or origin the content You have communicated to Us.
Article 9 : Kimberley Process
Diamonds come from different global sources. For several years, the international community has been concerned about the possible link between the trade in certain rough diamonds and the financing of armed conflicts, particularly in Angola, Sierra Leone and the Democratic Republic of Congo. As a responsible company and citizen, we are actively promoting the global “war diamond” provisions. Also, We only supply to recognized and established suppliers, who themselves undertake not to supply «war diamonds». This criterion is one of the selection points of our suppliers. Adherence to these principles is covered by what has been called the “Kimberley Process”. Emile Leon supports the Kimberley process and will continue to ensure the reliability of its procurement with respect to this process.
Article 10 : Applicable Law – Jurisdiction
10.1 The Contract is subject to French law (excluding applicable rules on conflicts of laws).
10.2 In case of dispute, only the French courts will have jurisdiction.
Article 11 : Various
11.1 If a provision of the Agreement is to be declared illegal, void or unenforceable for any reason and a reasonable provision having similar effect cannot be substituted by operation of law. (operation which the parties already allow any court seized of the dispute concerned to carry out, to the extent permitted by applicable law), this provision will then be considered as likely to be severed from the Agreement and will not affect the validity and applicability of the other provisions to the extent possible under applicable law.
11.2 The fact that EMILE LEON does not exercise any of the rights conferred on it under the Agreement cannot be interpreted for the future as a waiver of the right in question or as an obstacle to the exercise of any other right.
11.3 We may transfer (by any means and in any form, including by merger) Our rights and obligations under the Agreement, without having to notify you: (I) to any entity that is or will be related to Us, or (ii) to any person or entity that will take direct or indirect control of any or all or a significant portion of Our property or capital or voting rights or of any of Our related entities. You may not transfer (by any means) the Agreement without our prior written consent.
11.4 We may send You any notification provided for in the Agreement, either in the form of a publication on the Site, either by e-mail, or by regular, express or registered mail to Your address which we have in our systems, at our choice. You acknowledge and agree that any of these modes of notification, chosen by Us, is sufficient for your information.
11.5 EMILE LEON may avail itself, in particular for the purpose of proof of any act, fact or omission, of programs, data, files, records, operations and other elements (such as monitoring reports or other statements) of a nature or in the form or medium of a computer or electronic medium, established, received or retained directly or indirectly by it, unless there is manifest abuse or error. You undertake not to contest the admissibility, validity or probative force of the elements of a nature or in the aforementioned computer or electronic format or medium.
11.6 Our Site is secured: We have adopted the SSL encryption process.
11.7 For any order placed on the Site, EMILE LEON shall archive the Agreement in force at the time of the order, the order itself and the acknowledgement of receipt sent by EMILE LEON, for a period of ten (10) years from the delivery of the products ordered.
11.8 The code "BIENVENUE" is reserved for your first order on the Emile Léon website. Excluded from this promotion are OUTLET products and Humbert-Droz, Junghans, Le Forban Sécurité Mer, Longines, Oris, Withings, Tissot, Seiko, Seiko5, Hamilton, Rado, Mido.
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