Identification

This www.maisonDAUPHIN.com website (hereinafter referred to as the "Website") is published by us, CDLR Studio Ltd, a limited company registered in England and Wales under company number 8572040, whose registered address is 54 Pont Street, London, SW1X 0AE trading as DAUPHIN (“DAUPHIN”, “us” and “our” being interpreted accordingly). Our VAT number is GB166473877.

Access to this website and use of its contents are subject to these terms and conditions (“Terms”). By accessing this website and browsing it, or where applicable by submitting an order for a product, you, the website user or customer ("customer", “user” or “you”) are deemed to have unconditionally accepted these Terms. If you do not agree to any of these Terms, you must not use this Website or purchase any products from it.

General

The following Terms shall apply to your use of this Website and sales of DAUPHIN products concluded at a distance by DAUPHIN to you (the “Customer” or “you”). This includes purchases made on the Website, over the phone or via e-mail

Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

In the case of an order placed through the Website, you will be asked to tick an “I Accept” box. By doing so you will indicate your acknowledgement and full acceptance of these Terms. Note that you must accept these Terms as a condition of us agreeing to your order.

DAUPHIN may modify these Terms at any time (which modifications shall apply immediately) so you should regularly revisit this page to make sure that you have seen the latest version before accepting them.

Purchasing eligibility

To place an order on our Website, you must be recognised as an adult in the territory where you live and be legally capable of entering into a binding contract. DAUPHIN reserves the right to decline an order at its sole discretion.

By accepting these Terms, you represent and warrant that you are a genuine end-user customer or consumer and that you will not advertise, offer, retail, distribute or sell DAUPHIN products for commercial purposes or any other commercial benefit. We reserve the right not to sell any products or fulfil any order without liability where we have reason to believe that you may not be a genuine end-user customer or consumer.

Our contract with you

How we will accept your order.

Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

If we cannot accept your order.

If we are unable to accept your order, we will inform you of this by e-mail and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because of an adverse credit reference, because of an error in the price or description, we are unable to meet your specific delivery requirements or for other reasons beyond our control.

Your order number.

We will assign an order number to your order and tell you what it is, when we accept your order. It will help us if you can refer to this order number whenever you contact us about your order.

Please note that due to regional or local administrative, customs or legal requirements, the order process, terms, payment and/or delivery arrangements referred to in these Terms or on this Website may be amended or varied depending on the territory in which you live. We will endeavour to inform you of this as soon as possible after we receive your order.

Products you can purchase

Only items shown as being for sale on this Website can be purchased online. If you wish to make a special order for an item that does not currently appear on this Website, please contact our Client department at sales@maisondauphin.comand we will see if we can help you.

DAUPHIN reserves the right to change the range of items shown on the Website at any time. The number of items that can be ordered in a single buying session may be limited.

Product information

Photographs and pictures displayed on the Website are for general guidance purposes only. Whilst DAUPHIN does its best to provide customers with the most accurate information on the products, there may be slight variations between images on this Website and the actual products – for example, due to your own computer display or lighting or photographic techniques, items may differ in apparent size, colour or texture. Although we have made every effort to be as accurate as possible in relation to product descriptions, because our products are handmade, the sizes, weights, capacities, dimensions and measurements indicated on our Website can sometimes slightly differ from the final product. Without prejudice to your legal rights under applicable consumer law, DAUPHIN cannot be held responsible for any non-material discrepancies or slight variations between the images of the items displayed on the Website and the final delivered product.

DAUPHIN will use its reasonable efforts to ensure that the information provided on its Website is accurate and up-to-date, however, DAUPHIN does not represent or guarantee - and, to the fullest extent legally permitted, hereby disclaims any undertaking whether express or implied - to users, that the content and other information made available on the website is 100% complete, accurate or up to date. We reserve the right to amend or correct the content of the Website at any time, without prior notice or any liability on our part.

If you wish to have more information on a product, please contact our Sales Department at sales@maisondauphin.com.

How to place an order

First choose the items you would like to purchase and add them to your shopping cart by simply clicking on “Add to shopping bag” on the page of each product. You can modify the content of your shopping bag any time until you have submitted your payment details.

You will then need to identify yourself by either logging into your account or selecting “Guest check-out”. If you choose to do a guest check-out, you will need to provide the following information: name, address, phone number, e-mail address.

In either case, you will be required to provide the following information:

• The delivery address for us to send your order;
• Your chosen despatch method;
• Your payment details.

A recap of your order will then be displayed showing the price of the items, the delivery cost if any and an estimate of the import duty if any. Finally, tick the “I accept the terms and conditions” box and click on “Validate payment” to finalise your order. By placing an order, you are submitting an offer to DAUPHIN to buy the products you have placed in your “Shopping Bag”

You will then receive an e-mail confirming the contents of your order. You should check this confirmation and inform our Sales Department immediately if any of these order details are inaccurate.

Once payment has been received and accepted by us, you will receive a second e-mail that constitutes the acceptance of your order by DAUPHIN. An invoice will also be sent to you by e-mail.

Prices and payment terms

Your order will be processed once DAUPHIN has received the full payment. Should the payment not be arrive in full, cleared and verified funds within 7 business days, your order will be cancelled.

What is included in the price?

Prices shown on the Website include UK sales tax, but do not include any local sales or other applicable taxes that may be chargeable outside the UK, shipping costs or any possible import duty.

Depending on the delivery country selected, prices will be shown either in EUR, GBP, or USD. Prices are provided for informational purposes and are not binding until such time as your order is accepted and the product delivered. Subject to applicable law, the prices given on this Website remain subject to change without notice and in particular (without limitation) we reserve the right to correct any pricing errors on the Website or adjust prices to deal with fluctuations in currency, tax, shipping, delivery and/or import costs.

For every purchase, the customer will receive a certificate of authenticity that guarantees the authenticity of the items purchased.

For no additional costs, customers can also ask for the following:

• a personalised note;
• an invoice where applicable;
• one rhodium treatment in the year following the date of your purchase: although you must come to one of our showrooms, in London or Paris and your chosen time/date is subject to availability.

It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount.

If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we still process your order where a pricing error is obvious or should reasonably have been recognised as mispricing, we will inform you of the same, and without excluding or limiting your mandatory legal rights as a consumer under applicable law, you can elect to receive the product at the correct price or we will refund you the sums you have paid, subject to you returning the relevant products in a reasonable condition.

How can you pay?

You can pay by bank transfer or with one of the payment methods indicated on your order form.

If you choose to pay by credit or debit card, you represent that you are the authorised holder of the card. If you are a UK or an EU resident, DAUPHIN will not usually charge you for payments made by bank transfer or bank/credit card. Bank charges may be applicable for payments made by customers outside the EU although we reserve the right to apply or waive such charges at our discretion.

You can pay through our secured server online or via phone by requesting a call back by e-mail at sales@maisondauphin.com.

How secure is it?

If you choose to pay by card, your information will be screened by Braintree Fraud Screening and handled by our third-party bank payment processor based in the EU, adopting such appropriate technical and organisational security measures to protect your data as required under applicable law.

DAUPHIN does not collect or keep its customers’ bank or credit/debit card details and those details will not be shared by us or used other than by Braintree Fraud Screening and our third-party bank payment processor as stated above for the purpose of fulfilling your purchase (subject to applicable law).

How can you claim back the VAT?

If the delivery address is outside of the EU, products can usually be purchased excluding VAT.

Despatch method

You can choose to either collect your order in one of our showrooms or to have it shipped to the address of your convenience (given it complies with subsection VIII. B.).

1. Collect at the showroom

   If you choose to come collect your item from our showroom, you will need to book an appointment during normal business hours prior to coming, either by e-mail or over the phone. When you come to collect, you will then be asked to present a copy of the order confirmation e-mail and also an identity document (such as a passport, credit card or driver's licence). Note that without these documents, the products will not be given to you.

   A third party can collect the product, given that he has the order confirmation e-mail, an identity document, and a power of attorney signed by you. We would also ask to you to inform us in advance where you are sending a third party to collect a product on your behalf.

   Subject to applicable law, we exclude any liability where you fail to receive a product, which in accordance with your instructions, we have given to a third party purporting to represent you.

2. Shipping

   DAUPHIN can use different shipping companies depending on the delivery address, but all our shipments are secure, insured and handled by professional shipping companies.

Delivery address

DAUPHIN will only deliver to residential addresses or place or work of the customer or of a third party you have asked us to deliver to. DAUPHIN will not deliver products to hotels, postal boxes or other addresses.

Shipping charges

The cost of freight, courier, postage, shipping and/or other delivery costs is not included in the price appearing on the product page. It will appear when you complete your order. We also do not specifically insure for any loss of products in transit so you should make your own arrangements in this regard where necessary.

Duties

For all products, you will be liable to pay any applicable export, import and customs duties to DAUPHIN in addition to the price, applicable taxes, delivery and other charges referred to above. DAUPHIN will then pay these amounts, as far as we reasonably can, although in some cases due to local law, you may still be liable for any locally applicable taxes, levies or duties. Our best estimate of the import duties or official charges payable will be given to you when we process your order, although we may have to adjust the final sum due since we have no control over the amounts that are levied by local customs authorities or agencies.

Time of delivery

Once we have the payment, production of your product will start and will take about 6-8 weeks. Once ready for despatch, delivery will then take about 3-4 working days, depending on your delivery address. These delivery times are for general guidance purpose only and DAUPHIN cannot be held responsible for exceeding them.

To the maximum extent legally permitted, DAUPHIN cannot be held responsible for any failure or delay to deliver any products arising from any cause beyond our reasonable control, including (without limit) issues with couriers or shipping, delays by customs authorities or similar administrative delays, accident, adverse weather, natural disaster, labour dispute, the imposition of sanctions or embargoes, war, terrorism, emergency travel restrictions or other external factors.

In all such cases, we will do all we reasonably can to fulfil your order as soon as possible but where delivery to your chosen destination becomes impossible or impracticable in our view, we may cancel your purchase and refund any amounts you have paid.

Required information

We may need certain information from you so that we can supply the products to and fulfil any other requests, for example in relation to follow up question or specific delivery requirements. This information will include your name, residential address, delivery and/or billing address (if different), email, phone and other personal details. For more information regarding how we process your personal data, please see our Privacy Policy.

If you do not give us requested information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may not be able to fulfil your order or request. We will not be responsible for any delay or failure to supply a product, as requested, if this is caused by you giving us inaccurate information or not giving us all the information we need within a reasonable time of us asking for it.

Retention of ownership

DAUPHIN remains the owner of the products that you order until full payment for that product has been received.

Risk in the product will pass to you upon it being delivered to the address that you have provided or when you collect it from our showroom (as applicable).

Right to cancel – returns, refunds, exchanges

Right of withdrawal (the following rights of withdrawal or cancellation are available to EU resident customers only).

If you are an EU based customer, you have a right to cancel your purchase (for any reason) within the period of 14 days starting on the day after we have delivered your order or, of applicable, the last part of your order. After this 14-day period, your cancellation right expires automatically.

You should notify dauphin of your withdrawal by email or by mail by filling out this form and sending it to the following address:

54 Pont Street
SW1X 0AE, London
United Kingdom

DAUPHIN will acknowledge your withdrawal by sending you an e-mail.

If you have 14 days from the day you exercised your right of withdrawal to then return the products.

Products must be returned in their original condition in their original packaging along with the invoice and the certificates of authenticity. You must bear the cost of returning the products unless we agree otherwise in writing.

You can also arrange to return the products at one of our showrooms (you will need to book an appointment prior to coming) or ship them back. If you are exercising your right to change your mind you must pay the costs of return.

Once we have received the complete products or satisfactory proof of their return (whichever is earlier), within 14 days you will be reimbursed the price you have paid together with any VAT or sales tax (although we will only be liable to reimburse you for the standard costs of delivery). Reimbursement will be made by the same means used for the initial payment, unless you have requested otherwise. However, to guard against fraud, reimbursement cannot be made to a different bank account than the one used for the initial payment nor in cash.

We can also make a deduction from the amount reimbursed for any decrease in the value of the products caused by your improper or unnecessary handling.

Please note that the above cancellation right does not apply in the following situations:

• where a product is customised (e.g. a personalised engraving) or has been specially made to your particular specifications; or
• in relation to any product that has been used and cannot be returned for health or hygiene reasons – for example, you cannot cancel an order for earrings once these have been delivered and worn; or
• where you reside outside the EU (without prejudice to other statutory rights you may have under applicable consumer law)

Right to repair or replacement (available to all customers, subject to any stated qualifications)

DAUPHIN makes every effort to provide its clients with products of high quality. However, in the unlikely event that you receive a product which is of unsatisfactory quality, not fit for purpose or materially fails to conform with its description or there is a problem with your order (such as the wrong product has been received) (the above examples being referred to as a 'defective product'), please tell us immediately providing us with relevant details about the issue so that we can discuss a possible resolution, which may include repairing the defective product or, where appropriate, providing you with a replacement.

Please note that:

• if you are a customer based in the UK, up to 30 days after delivery, you have a legal right to ask for a refund in relation to a defective products; and
• if you are a customer based in the EU, you have a legal right of up to six months to ask for a repair, a replacement of a defective product against a product of the same value or to receive a refund of the price paid.

Where the repair or the replacement is impossible or disproportionate, DAUPHIN cannot be forced to repair or replaced the item and may elect to refund you the price on return of the defective product.

Except as set out below, DAUPHIN will pay for the reasonable costs of return of any defective products and will repair or replace the item in a reasonable time.

We are not under any obligation to return, replace or provide a refund in relation to:

• products that are returned and prove not to be defective products;
• normal wear and tear of a product;
• improper use of a product; and/or
• any defect, loss or damage which has been caused by negligence of the customer and/or end-user.

Non-returnable items

The following products cannot be returned or exchanged:

• personalised products that are not defective products;
• products that have been damaged, lost or have missing parts other than defective products;
• products that have been altered, repolished, repaired or modified in any way, other than through us.

Limitation of liability

Other that as express set out in these Terms, the following exclusions, limitations and restrictions apply to the fullest extent legally permitted:

• DAUPHIN hereby disclaims any responsibility and will no longer have any obligations to you regarding products that have been altered, repolished, repaired or modified in any way, other than through us.
• except as expressly set out hereunder, under no circumstances shall DAUPHIN (or its directors, staff or representatives) be liable to any user or other party for any direct, indirect, special, punitive, incidental, exemplary or consequential loss, damage or liability suffered (whether under contract, tort, negligence or otherwise, even if DAUPHIN was previously informed of the possibility of such damage) arising from or connected to the use of this Website, any action taken as a consequence of viewing information or content on this Website or in relation to the ordering process described hereunder or the use of any products purchased through this Website.
• while we use reasonable efforts to maintain its integrity, DAUPHIN cannot guarantee that this Website will be 100% available at all times or that it will be completely free from bugs, viruses or malware. Furthermore, you must not misuse our Website whether by introducing viruses, trojans, worms, logic bombs or other material which is malicious or by doing anything else which may in our opinion be harmful to our Website or its users. You must not use our Website for any unethical or illegal purpose or seek to attack our Website or attempt to gain unauthorised access to any parts of it or to computer or database connected to our Website. Where you are provided with log-in credentials, you are required to keep these secure and generally exercise reasonable caution when accessing our Website. DAUPHIN excludes any liability (express or implied) and reserves all legal or contractual defences, rights or remedies it may have where you have breached any of the obligations in this paragraph or any other representation, warranty, obligation, term or condition that you are subject to hereunder.
• DAUPHIN’s total aggregate liability for losses you or any other party suffer because of DAUPHIN breaching these Terms is limited to the purchase price of the product that you purchased.

The foregoing does not apply to exclude or limit liability for: death or personal injury caused by our negligence; or in respect of our fraud; or, any other liability that cannot be contractually excluded or restricted by us under applicable law.

Privacy

This section sets out DAUPHIN's privacy policy. DAUPHIN complies with the principles of the United Kingdom Data Protection Act 1998 and other applicable privacy laws or regulations.

The term ‘personal data’ applies to any information that can be used to identify you personally (such as a user's name, date of birth, email address, postal address, telephone number and other information that identifies that user).

You may submit personal data to DAUPHIN in the context of subscribing to the DAUPHIN newsletter via the section of the website entitled "newsletter" and/or in the context of any message sent to us through the website via the "contact" page and/or on the occasion of you using the Website and corresponding services we may make available on it. By submitting your personal data to this Website you agree to us using your personal data as described in these Terms, including (without limit) DAUPHIN sending you newsletters and other related information about us and any products, services, promotions or events that we think may be of interest to you.

You agree that we may contact you by email, phone or other electronic means for these purposes, although you will be able to opt-out of receiving any further messages at any time by contacting us as referred to below.

The data that a user submits to this Website or that we collect using ‘cookies’ (as described in the section below), regardless of its nature, may directly or indirectly enable DAUPHIN to identify visitors to the Website and get to know them better and send them its newsletter and/or reply to their messages and/or facilitate their navigation of the Website and/or optimise the quality of the services offered to them.

We do not collect and use personal data without a relevant user’s knowledge or consent in accordance with applicable law. However, where we are not able to use user’s personal data (or cookie information referred to below) as described in these Terms, DAUPHIN may not be able to send newsletters and/or reply to messages and you may not be able to use all of content and features on this Website.

If you no longer wish to receive DAUPHIN newsletters or other marketing messages, know more about any personal data we hold about you in accordance with your legal rights, or want to correct or update any of your personal data that we hold, you may contact DAUPHIN by sending an email to the following address: contact@maisondauphin.com. Please note that we may ask for verification to prove your identity when dealing with such a request.

You can also unsubscribe to receiving further DAUPHIN newsletters or other electronic marketing messages from us at any time by clicking on the corresponding hyperlink provided in such newsletter or electronic message.

This Website is hosted by an external service provider, currently Amazon Web Services, Inc (AWS). The servers on which your personal data is stored will be based in on AWS servers that are located in the European Economic Area (‘EEA’). DAUPHIN takes your privacy seriously and adopts such reasonable steps as necessary in the circumstances to ensure that any personal data held by us, AWS or any other third party hosting provider we use is processed securely and in accordance with the Terms.

In accordance with applicable law, we take appropriate measures to keep your personal data secure against unlawful or unauthorized access or accidental loss, damage or destruction. Please note however that we can never 100% guarantee the security of any personal data you send over the internet or other public communications networks against hacking or other external threats beyond our reasonable control.

Other than as set out in these Terms, will only disclose your personal information to third parties:

• if DAUPHIN or its assets are acquired by a third party, in which case personal data held by us may be one of the transferred assets.
• if we are under a duty to disclose or share your personal data in order to comply with any legal obligation or to protect ourselves against illegal activity (for example, fraud).
• who act as our data processors and handle or process data as necessary to support DAUPHIN’s business operations, such as our IT service or web hosting provider or a mail management provider.

Use of cookies

DAUPHIN may send “cookies” to this Website’s visitors when they visit our site. These “cookies” are small text files used by the Website that are sent to a user’s computer or other device used to access this Website to facilitate the visitors’ browsing experience. Users are reminded that they can set their web browser to disable “cookies” although please note that this means that you may not be able to use all of content and features on this Website as a result.

We may use the following cookies:

• Strictly necessary cookies: these are cookies that are strictly required for the operation of our Website.
• Analytical/performance cookies: they allow us to recognise and count the number of visitors and to see how visitors move around our Website when they are using it. This helps us to improve the way our Website works, for example, by ensuring that users are finding what they are looking for easily.
• Functionality cookies: these are used to recognise you when you return to our Website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
• Targeting cookies: these cookies record your visit to our Website, the pages you have visited and the links you have followed. We will use this information to make our Website more relevant to your interests. We may also share this information with third parties for this purpose.

For more information on cookies go to: www.allaboutcookies.org.

Other important terms

These Terms set out the contract between you and us. Except to the extent required under mandatory applicable law, no third party has any right or remedy under these Terms nor any entitlement to enforce any representations, warranties, terms or conditions set out hereunder.

Ownership rights

DAUPHIN is the controller of the Website's domain. The Website as a whole, and the various elements making it up (such as the domain name, text, animations, photographs, videos, illustrations, diagrams, graphics, logos, designs, descriptions and any other visual or audio content as well as its underlying layout, structure and software code) constitutes content (“content”) which may be protected under law of copyright, trade marks and other applicable laws protecting intellectual property rights anywhere in the world. Such content is exclusively owned by DAUPHIN or DAUPHIN is licensed to use the said content. You do not have any title, right or interest to any such content and must not copy, publish, link to, display, modify or otherwise use any content or any trade marks, software, databases, specifications, models, images or likenesses of any products or persons appearing on this Website, without our express prior written authorisation (which may be withheld at our sole discretion).

Links

The creation of any hyperlinks to any content or other part of this Website is prohibited in the absence of DAUPHIN's prior written authorisation. Any such authorisation may be withdrawn at any time. any third-party website that hyperlinks to this Website (or that links to or reproduces any of its content) is neither approved or endorsed by DAUPHIN and DAUPHIN accepts no liability (including, in particular, any editorial responsibility) concerning access to any third party websites, their content, Terms and/or their privacy policies.

Legal guarantee

These Terms do not affect the legal rights you are entitled to under applicable national legislation governing the sale of consumer goods in so far as these cannot lawfully be excluded by contract.

Governing law

These Terms are governed by the laws of England and Wales and you agree that the English courts shall have jurisdiction in relation to any dispute arising in connection with these Terms, the purchase of any products or your use of this Website.

Severability

To the extent that any part of these Terms is found to be invalid, unlawful or unenforceable by any competent court such part shall be severed from the remaining terms, which shall remain in full force and effect if permitted by applicable law.

Contact

If you have any questions concerning these Terms, and for any request that you might wish to make to DAUPHIN, you may send a message via the "contact" section in the Website and/or send an email to the following address: contact@maisondauphin.com.