TERMS AND CONDITIONS OF SALE

 

Baccarat, Inc. (“Baccarat”, we, or us) operates www.Baccarat.hk (this “Website”). We prescribe the following terms and conditions (these “ General Terms of Sale”) for the sale of its products to its Customers via this Website.


 

Introduction

 

Baccarat manufactures very high quality products which it sells worldwide under the "BACCARAT" trademarks.

To do this it has specific and reputed traditional craftsmanship, know-how and skills.

Baccarat sells the above-mentioned Products on this Website. The list of Products which Baccarat offers for Online Sale can also be consulted on this Website.

The Customer and Baccarat agree that their dealings will be governed exclusively by these General Terms of Sale, to the exclusion of any other terms of sale which may have been previously presented on Baccarat's Website.

Baccarat reserves the right to modify these General Terms of Sale at any time by publishing a new version of them on this Website. The applicable terms and conditions of sale are those in force on the date the Validation of the Order is confirmed.

 

Article 1. - Definitions

 

The terms and expressions whose initials are capitalized shall have the following definitions for the interpretation and performance of these General Terms of Sale :


"Article" : the Product or Products which are the subject of the Order ;

"Order" : order for Products by the Customer to Baccarat ;

"Delivery Time" : the time between the date of the Validation of the Order and the date the Order is delivered to the Customer ;

"Delivery Costs" : costs incurred by Baccarat to packaging and forwarding the Order to the delivery address given by the Customer ;

"Delivery" : shipping the Article to the Customer ;

"Method of Delivery" : any standard or express, pickup method of delivery available on this Website at the time of the Order ;

"Price" : the unit value of a Product ; but exclusive of Delivery Costs ;

"Sub-Total Price" : the amount of the total Price of the Products in the Order without Delivery Costs. This amount is given in pound sterling, inclusive of VAT ;

"Total Price" : the total Price to which the price of the Delivery Costs is added.

"Product" : any product offered for sale on the Website ; chandeliers and customisable products cannot be ordered directly online and do not constitute Products within the meaning of these General Terms of Sale  ;

"Territory" : has the meaning given thereto in Article 3 ;

"Validation of the Order" : has the meaning thereto given in Article 5 ;

"Online Sale" : sale of Baccarat Products on the Site ;

 

Any reference to the singular includes the plural and vice versa. Any reference to a gender includes the other gender.

 

Article 2. - Purpose

 

The purpose of these General Terms of Sale is to define Baccarat's and the Customer's rights and obligations related to the Online Sale of the Products.

 

Article 3. - Application

 

These General Terms of Sale are reserved for consumers, as defined by statute and case law, acting exclusively on their own behalf.

The essential characteristics, and the Prices of Products sold electronically are available on this Website.

 

These General Terms of Sale apply to all sales of Products made by Baccarat via this Website.

 

The Customer hereby acknowledges and states that he or she has read these General Terms of Sale before the Validation of the Order as defined in Article 5 hereunder.The Validation of the Order is therefore valid acceptance of these General Terms of Sale, without any modifications, restrictions or reserves.

 

These General Terms of Sale apply to Orders placed for delivery in Hong Kong, SAR.

 

Article 4. - Coming into force and Duration

 

These General Terms of Sale shall apply to the Customer and Baccarat from the date of the Validation of the Order, as stipulated in Article 5 hereunder.

These General Terms of Sale shall also be applicable during the period required to supply the Products, up until the end of Baccarat’s guarantees and fulfilment of its obligations set forth herein.

 

Article 5. - Ordering Products and Services and steps in concluding the Online Sale

 

The Customer must follow the following steps in order to place the Order :

1. Compose the address of the Website or access the Website via a link ;

2. Take note of the Baccarat Privacy and Security policy every time you visit this Website;

3. Follow the instructions on this Website and in particular the instructions for opening a customer account ;

4. Complete the Order form. If there is a long period of inactivity during the connection, the Product selection chosen by the Customer during the period of inactivity may not be guaranteed. The Customer may be then asked to repeat the Product selection from the beginning ;

5. Check the details of the Order and if necessary, identify and correct errors ;

6. Review these General Terms of Sale , before validating your Order, the Subtotal Price and the Total Price and tick the box opposite the message " Order with obligation to pay : I declare that I have fully read and accepted these General Terms of Sale (the "Validation of the Order") ;

7. Follow the instructions from the online payment server in order to pay the Total Price.

 

The Customer can pay his or her Order after it has been validated on this Website, unless the server is down.

 

The Customer will immediately receive an electronic acknowledgement of receipt confirming the Order ("the Confirmation of the Order"). The data relating to the Orders will be hosted, backed up and kept in the computer systems of the salesforce.com France SAS company, whose registered office is at: 

3 avenue Octave Gréard, 75007 Paris, France.

Tel: +44 1753 422153 

 

salesforce.com France SAS information registers will be proof of all the transactions between the Customer and Baccarat on this Website. The data relating to Orders is archived on a reliable and durable medium which can be produced as evidence.

 

The Customer receives an electronic confirmation that the Order has been shipped.

 

The invoice will be sent along with the shipment.

 

All Orders placed on this Website are exclusively intended for the Customer's personal use. The Customer or recipient of the Products are therefore prohibited from totally or partially reselling the Products ordered.

 

Delivery will be made to the delivery address given by the Customer when ordering.

 

The Customer undertakes to respect these General Terms of Sale when the different steps of the Order mentioned above are being performed.

 

Baccarat reserves the right to refuse the Order if it is abnormal (notably given the quantities ordered), placed in bad faith or for any other legitimate reasons, and in particular if a dispute exists with a Customer concerning the payment of a prior Order.

 

Article 6. - Price of the Products and Terms of Validity

 

The Price of a Product sold on this Website is indicated respectively by article and reference apart from typographical errors. The Prices are applicable on the day of the Order but do not include the delivery costs which are invoiced separately, and which will be detailed to the Customer on the Validation of the Order.

 

The price to pay at the time of the Validation of the Order is the Total Price,which is the sum of the Prices of the corresponding Products and the Delivery Costs.

 

The offers of Products and Price are valid whilst they are displayed on this Website and within the limits of stocks available.

 

The Customer is informed of the availability of the Products when the Order is placed. Modifications or errors may occur in rare circumstances if, in particular, several Customers place Orders simultaneously for the same Product. If the Product becomes unavailable after the Customer places the Order, Baccarat will inform the Customer by e-mail as quickly as possible of the cancellation of the Order. The amount paid will be refunded directly to the payment method used during the purchase (credit/debit card, PayPal account or bank account) within forty-five (45) calendar days, if the Customer's bank account has been debited.

 

Baccarat reserves the right to change the Products and the Prices of the Products offered for sale on this Website without notice at any time. The Products offered for sale and their corresponding Prices will be those in force when the Order is placed, and accepted by the Customer by validating the Order.

 

The Customer is hereby informed that for technical reasons, the photographs and illustrations of the products featured on the site may not fully reflect the product's actual appearance (color, size, reflection...). The Customer is invited to refer to the description of each Product to ascertain its characteristics.

 

The Customer is duly informed that the illustrations, colours, photographs and descriptions of the Products are for illustrative purpose only. Baccarat shall not be liable for any errors or inaccuracies.

 

The Customer is exclusively responsible for paying the telecommunication costs when accessing this Website.

 

The period of validity of the offers of the Products and Prices is determined by Baccarat having the right to update the foregoing elements, i.e., the availability of the Products and their Prices on this Website.


Article 7. - Payment Terms

 

Payment by Bank Card

The Total Price is paid by the Customer by one of the following means of payment :VISA, MASTERCARD, AMEX, and UNION PAY.

 

The transaction is debited from the Customer's bank card at the time of shipment, after the cards' data has been checked, when the debit authorisation is received from the company which issues the Customer's bank card.

 

The Customer, by communicating his or her bank card information, authorises Baccarat to debit the Total Price from the bank card.

 

The Customer gives his or her bank advance authorization to debit the entries or statements transmitted by the payment module from his or her account, even in the absence of invoice signed by the cardholder. The Products ordered remain Baccarat's property until Baccarat has received the whole of the Prices.

 

If it is impossible to debit the Total Price, the Customer is asked to repeat the payment process. If the impossibility of debiting the Total Price is confirmed, the Online Sale will be immediately rescinded and the Order cancelled.

 

Baccarat will do its commercially reasonable effort to guarantee the confidentiality and security of the data transmitted on this Website.

 

Baccarat will do its its utmost to guarantee the confidentiality and security of the data transmitted on the Website.

 

In order to fight Internet fraud, an online control is performed by the competent banking institutions and organisations concerning online payments. Baccarat does not collect or preserve the information on the Customer's bank cards.

 

Baccarat uses the secure 3-D Secure payment system which authenticates transactions by Customers. 3-D Secure is a program created by the international Visa (verified by Visa) and MasterCard (Mastercard Secure Code) issuers to reinforce the security of online payments. You must authenticate yourself when making a payment by bank card, by entering an item of personal information or a single use code transmitted to you by your bank.

 

The payment data is the subject of automated data-processing which is separate from Baccarat's data-processing. The purpose of this automated data-processing is to define a level of analysis for a transaction and to fight bank card fraud.

 

An unpaid resulting from fraudulent use of a bank card will result in the information relating to the Order associated with the unpaid being registered in a payment incident file kept by a third party. An abnormal declaration or an anomaly can also be the subject of specific processing.

 

Payment with PayPal


If paying with PayPal, the amount of your purchase is debited when the order is placed.

 

Payment with Bank Transfer

 

If paying with Bank Transfer, you must deposit the amount of your purchase to Baccarat’s designated account within three (3) calendar days, and provide the bank statement clearly showing the amount you paid, your name and order reference to payment.hk@baccarat.fr. If the impossibility of payment is confirmed, the Online Sale will be immediately rescinded and the Order cancelled.


The Customer has the same rights vis-à-vis the third parties mentioned above, as those granted by Baccarat relating to data processing (Baccarat's Confidentiality Policy). The Customer can enforce them by contacting Baccarat's Data Privacy Officer by letter: Baccarat's Data Privacy Officer, 11, place des Etats-Unis – 75116 PARIS, FRANCE, who will pass on the information to the third party concerned.

 

Article 8. - Delivery of the Order

 

8.1. Delivery Method

The Customer chooses one of the Delivery Methods proposed on this Website for the Products, when the Order is placed.

 

8.2. Address for delivery

The Customer gives a delivery address which must be located on the Territory, otherwise the Order will be refused. The Customer is exclusively liable for non-delivery due to a lack of information given during the Order. At this time, this Website does not deliver to P.O. Boxes, or APO/FPO, outlying islands (including Discovery Bay and Park Islands).

 

8.3.Amount of the Delivery Costs

The amount of the Delivery Costs depends on the amount and nature of the Order and the delivery method chosen by the Customer. The Customer is always informed of the amount of the Delivery Costs before the validation of the Order.

 

The Delivery Costs are calculated in accordance with the Products ordered and the Method of Delivery you have chosen :

 

Standard delivery

Express delivery

Instore pick-up

Delivery within 3 to 5 business days

Delivery within 2 business days

Ready for pickup in 3 business days

Jewellery

HK$50

HK$100

Complimentary

Other products

 

 

 

Less than HK$4999

HK$100

HK$200

Complimentary

HK$5000-HK$9999

HK$150

HK$300

Complimentary

More than HK$10000

HK$200

HK$400

Complimentary

 

 

    (*) : These Time Limits run from the Validation of the Order, only if the Order is placed before 9 am, Mondays to Fridays (excluding bank holidays). Delivery time is not guaranteed. Some heavy or bulky items may require longer delivery time. Additional charges may be assessed if more than one attempt is made for delivery.

 

8.4. Delivery Time

Provided the Products chosen are available, the Delivery Method mentioned above is specified to the Customer throughout the Validation and payment process for the Order. The Delivery Time corresponds to the Delivery Method chosen by the Customer.

The Delivery Time runs from the Date of Confirmation of the Order by Baccarat and is the average length of time for preparing and routing the Order on the Territory.

 

 

8.5. Late delivery

Baccarat is considered to have respected the delivery time if the Order is delivered to the address given by the Customer within the delivery time limit corresponding to the Delivery Method (under Article 8.3) chosen by the Customer.

 

The Order is not automatically cancelled by late delivery.

 

8.6. Follow up the Order

Registered Customers can monitor the processing of the Order by visiting My Account and then My Orders.

Non-registered Customers do not have online access to order status and history. Non-registered Customers may request information by sending email to: baccarat_hk@baccarat.fr or by phone at +852 2881 0048, if prompted, giving the order confirmation number and date of the Order.

 

8.7. Accepting the Order on its Arrival

The Customer must provide signatory on Delivery. The Customer is responsible for the loss or damage in the event of collecting the parcel by his designated person.

 

8.8. Checking the Order on its Arrival

The Customer must check the condition of the packaging, as well as the Articles upon Delivery. The Customer has the right to make reserve and make claim he or she considers necessary, especially if the Product is apparently damaged on arrival. The said reserve and claim must be sent to Baccarat within three (3) calendar days, following the Delivery Date of the Products. Failure to make the said claim within the foregoing deadline will be deemed the Customer’s relinquishment of the right to make any claims against Baccarat. Customer must keep the parcel (including the packaging and Articles) intact until the claim is approved and settled.


The Customer must check that the Products delivered to it correspond to the Order. If the nature or quality of the Products do not conform to the specifications in the packing slip, the Customer must return the Products in their complete and original packaging conditions within fourteen (14) calendar days following the date the Customer receives the Order. Please refer to Article 9.1.


Article 9. - Right of withdrawal

 

9.1 – Return and refund
Baccarat wishes to offer its Customers the possibility of returning the Articles delivered under the General Conditions of Sale described below.

 

Conditions of a return
The Customer has fourteen (14) calendar days to return the Product(s) following the date of Delivery.
The Customer may return one or all the Products in his or her Online Sales Order. The Customer must provide proof of this return. This assumes that the Products will be returned by such means as enabling a definite date to be fixed for the return, with the Customer responsible for the arrangement, costs and risks of the return.
Baccarat does not offer the possibility of Customer returning Products under an Order placed on this Website to a physical boutique of Baccarat anywhere around the world.
Baccarat does not offer the possibility of returning Products purchased in a Baccarat boutique anywhere around the world to this Website.
Products must be returned in their complete and original packaging conditions.
Products returned in incomplete, damaged or spoiled conditions will not be processed for refunding. If refunding request is rejected by Baccarat, the Customer is responsible to collect the returned items from Baccarat’s designated location by appointment within sixty (60) calendar days.
If the impossibility of collection is confirmed, Baccarat reserves the right to dispose the returned items without seeking the consensus with the Customer. The shipping costs of the returned Products are borne by the Customer.
Delivery charges paid when placing the Order by the Customer on this Website are not refundable.

 

Steps to follow
The Customer who wishes to return the purchased Products must contact Baccarat’s Customer Service Department by e-mail to: baccarat_hk@baccarat.fr. with the reason of return, a copy of invoice and the images of the Products to be returned, within fourteen (14) calendar days upon receipt of the parcel.
The Customer may return one or all the Products from his or her Online Sales Order by post.
The Customer must complete the return form provided by the Customer Service Department, and prepare the package by accompanying the returned Products with the completed return form, the original invoice and the item(s) to be returned.
The Customer must place the returned Products in their original packaging materials of Baccarat’s red box(es), with each box tied up with strings. The Baccarat’s red box(es) should then be packed in proper outer box filled with protection materials to fill up any loose space.
The Customer must designate as the recipient address the Baccarat’s designated location to be provided by the Customer Service Department.
The Customer is responsible for bringing the return package and paying shipping charges to the designated carrier.
The Customer must provide the proof of this return to the Customer Service Department within fourteen (14) calendar days upon the provision of the return form by the Customer Service Department.
Once the package is received, inspected and confirmed by Baccarat in conformity with the above prescribed return conditions, the Customer will be refunded of the Product price directly to the payment method used during the purchase (credit/debit card, PayPal account or bank account) within forty-five (45) calendar days.

 

9.2 – Exchange
Baccarat does not offer the possibility of exchanging purchased Products from this Website,which are either delivered to the Customer’s designated address or picked up at Baccarat physical boutiques.

 

Article 10. – Claims - Information

 
For any information, complaint or question concerning these General Terms of Sale or the Product itself, the Customer must contact Baccara's customer service department by email at baccarat_hk@baccarat.fr or by phone at +852 2881 0048, if prompted, giving the reference and date of the Order.

 

Article 11. – Product Warranty;

 

Baccarat is subject to the statutory provisions on quality warranty under applicable laws and regulations. In particular, Baccarat hereby represents and warrants that any Product sold under these General Terms of Sale and any replacement thereof (a) is free and clear of any liens, security interests, or encumbrances of any nature; (b) has been designed, manufactured, labelled, packaged, stored, exported, and sold by Baccarat in accordance with all applicable laws, regulations and rules; and (c) is free from major defects in material and workmanship that may impair exploitation of the Product for its intended use (together, the “Product Warranty”). The Customer hereby acknowledges and accepts that a breach of the Product Warranty shall not incur any liabilities on the part of Baccarat and its affiliates exceeding the total Price of the Products having been received by Baccarat.

 

Article 12. - Intellectual property rights

 

The "BACCARAT" trademark and all the associated trademarks, whether figurative or not, and in general, all other brand names, illustrations, texts, interviews, images, videos and logotypes on the Products, their accessories and packaging, either on this Website or any other mediums used by Baccarat, whether registered or not, are and will main Baccarat's exclusive property.

 

The same applies to any other combination or juxtaposition with any other trademark, symbol, logotype and generally any distinctive signs intended to form a composite logo.

 

TThe same applies to any copyright, drawing, design, patents and domain name (notably in connection with the products) which are Baccarat's property.

 

No hypertext link to the Website is allowed without Baccarat's express prior agreement.

 

Any total or partial reproduction, modification or use of the elements mentioned in this article for any reason and any medium whatsoever is strictly prohibited unless Baccarat has given its express, prior agreement.

 

Article 13. - Confidentiality of Data

 

Baccarat has a Privacy Policy which is accessible by clicking on the link on the Website's homepage.

 

Article 14. - Force Majeure

 

Baccarat's performance of its obligations under these General Terms of Sale may be suspended if any force majeure event occurs which either interferes with or delays performance.

 

Baccarat will inform the customer of the occurrence of such a case of force majeure as soon as possible after the date the event occurs.

 

IIf the performance of Baccarat's obligations is suspended for more than thirty (30) days, the Customer shall have the right to terminate the order in progress and Baccarat will then refund the Order under Article 8.5.

 

Article 15. - Invalid Clause

 

If any of the clauses of these General Terms of Sale is found invalid and unenforceable, it would not affect the legal status of the other clauses, which will remain in force between Baccarat and the Customer.

 

Article 16. Limitation of liability

 

Baccarat shall not be held liable for losses resulting from using the Internet, notably such as loss of data, intrusion, computer viruses, termination of the connection, interruption of the connection, or any other problems outside its control.

 

Baccarat reserves the right to suspend using this Website at any time.

 

Baccarat is held against the standard of reasonable commercial effort only. The Customer remains the sole judge of the appropriate and adapted nature for its requirements and its use of the Articles ordered. Baccarat can never be held liable for any use of the Products which does not conform with their intended purpose.

 

Article 17. - Non-waiver

 

The fact that Baccarat fails to invoke one of its rights, limitation of liabilities mentioned in these General Terms of Sale shall not be interpreted as a waiver of any of its rights and limitation of liabilities in question in the future.

 

Article 18. - Governing Law & Dispute Settlement

 

These General Terms of Sale for the transactions at this Website are governed by the laws of the Hong Kong Special Administrative Region (“Hong Kong”) without regards to its rules of conflict law.

 

Any dispute that fails to be settled amicably between Baccarat and the Customer shall be referred to Hong Kong International Arbitration Centre (“HKIAC”) for arbitration to be presided over by one arbitrator in accordance with the then applicable rules of arbitration of HKIAC.

 

Article 19. - Future Changes

 

Baccarat reserves the sole right to, from time to time, change these General Terms of Sale as it deems fit and publish the changed Terms and Conditions on this Website. Please visit this Website to ensure you are brought up to dates with the latest Terms and Conditions.
These General Terms of Sale are most recently updated on 1 March 2022.