WEBSITE TERMS OF USE

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website http://www.nourbel-lecavelier.com ("Web Site"), whether as a guest or as a registered user ("Terms"). Please read these terms of use carefully before you start to use the Web Site.

NOURBEL LE CAVELIER may revise these Terms from time to time by updating this posting, with the revised Terms taking effect as of the date of its posting. By using this site, you signify your assent to these Terms. If you do not agree to these Terms, you may not use the Web Site.

INFORMATION ABOUT US

http://www.nourbel-lecavelier.com is a site operated by NOURBEL LE CAVELIER LIMITED. and its affiliated companies ("NOURBEL LE CAVELIER"). NOURBEL LE CAVELIER is registered in England and Wales under company number 7676168 and its registered office is at 101 Wigmore Street, London W1U 1QU. NOURBEL LE CAVELIER's VAT number is GB 116 4283 30.

ACCESSING OUR SITE

NOURBEL LE CAVELIER maintains this Web Site for your personal information and education.

Access to the Web Site is permitted on a temporary basis, and NOURBEL LE CAVELIER reserves the right to withdraw or amend the service that NOURBEL LE CAVELIER provides on the Web Site without notice (see below). NOURBEL LE CAVELIER will not be liable if for any reason the Web Site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to the Web Site. You are also responsible for ensuring that all persons who access the Web Site through your internet connection are aware of these terms, and that they comply with them.

Unless otherwise specified, the information and materials in the site are presented solely for the purpose of promoting the products and services of NOURBEL LE CAVELIER. NOURBEL LE CAVELIER makes no representation that NOURBEL LE CAVELIER's Material is appropriate or available for use in every country of the world. You use this Web Site at your own risk and are responsible for compliance with applicable local laws, keeping in mind that access to NOURBEL LE CAVELIER's Material may not be legal by certain persons or in certain countries. Our products are available in many parts of the world. However, this Web Site may describe products that are not available world-wide.

INTELLECTUAL PROPERTY RIGHTS

NOURBEL LE CAVELIER is the owner or the licensee of all intellectual property rights in the Web Site and its products (including without limitation the trademarks, logos, service marks and copyright), and in the material published, whether on the Web Site or on paper. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may download one computer copy or print one copy of the material on this Web Site for your own non-commercial, educational, private or domestic use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. NOURBEL LE CAVELIER'S status (and that of any identified contributors) as the authors of material on the Web Site must always be acknowledged. You should assume that everything you see or read on the Web Site (such as images, photographs, illustrations, icons, texts, written and other materials) ("NOURBEL LE CAVELIER's Material") is protected notably under copyright and trademark legislation and internationally under treaty provisions, unless otherwise noted. You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, report or otherwise use any of NOURBEL LE CAVELIER's Material in any way for any public or commercial purpose. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Furthermore, you may not use or display NOURBEL LE CAVELIER's Material on any other web site or in a networked computer environment for any purpose.

If you violate any of these Terms, your permission to use NOURBEL LE CAVELIER's Material will automatically terminate and you must immediately destroy any copies you have made of NOURBEL LE CAVELIER's Material. Any unauthorised use of NOURBEL LE CAVELIER Material by you may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may not establish a link to the Web Site from a third party site without NOURBEL LE CAVELIER's prior written permission.

DISCLAIMER

The information on the Web Site is intended for general information purposes only. NOURBEL LE CAVELIER tries to ensure that the information on the Web Site is accurate and complete. NOURBEL LE CAVELIER does not warrant or represent that NOURBEL LE CAVELIER's Material is accurate, error-free or reliable or that your use of NOURBEL LE CAVELIER's Material will not infringe rights of third parties. Your use of the Web Site is at your risk. NOURBEL LE CAVELIER does not warrant that the functional aspects of the Web Site or NOURBEL LE CAVELIER's Material will be error free or that this Web Site, NOURBEL LE CAVELIER's Material or the server that makes it available are free of viruses or other harmful components. If your use of this Web Site, or NOURBEL LE CAVELIER's Material results in the need for servicing or replacing property, material, equipment or data, NOURBEL LE CAVELIER's not responsible for those costs. Without limiting the foregoing, the material displayed on the Web Site is provided to you "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY, GUARANTEE OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ITS ACCURACY, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. NOURBEL LE CAVELIER and its suppliers make no warranties about NOURBEL LE CAVELIER's Material, software text, downloads, graphics, and links, or about results to be obtained from using the Web Site. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

Commentary and other materials posted on the Web Site are not intended to amount to advice on which reliance should be placed. NOURBEL LE CAVELIER therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to the Web Site, or by anyone who may be informed of any of its contents.

LIMITATION OF LIABILITY

To the extent permitted by law, NOURBEL LE CAVELIER and third parties connected to NOURBEL LE CAVELIER hereby expressly exclude:

all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Web Site or in connection with the use, inability to use, or results of the use of the Web Site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above

This does not affect NOURBEL LE CAVELIER's liability for death or personal injury arising from NOURBEL LE CAVELIER's negligence, nor NOURBEL LE CAVELIER's liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

THE WEB SITE CHANGES REGULARLY

NOURBEL LE CAVELIER aims to update the Web Site regularly, and may change the content at any time. If the need arises, NOURBEL LE CAVELIER may suspend access to the Web Site, or close it indefinitely. Any of the material on the Web Site may be out of date at any given time, and NOURBEL LE CAVELIER is under no obligation to update such material.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEB SITE AND NOURBEL LE CAVELIER STORES

NOURBEL LE CAVELIER processes information about you in accordance with the Privacy Policy (see below). By using the Web Site or providing any personally identifiable information in-store, you consent to such processing and you warrant that all data provided by you is accurate.

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse the Web Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Web Site, the server on which the Web Site is stored or any server, computer or database connected to the Web Site. You must not attack the Web Site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and NOURBEL LE CAVELIER will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Web Site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Web Site or to your downloading of any material posted on it, or on any website linked to it.

LINKING TO THE WEB SITE

You may link to NOURBEL LE CAVELIER's home page, provided you do so in a way that is fair and legal and does not damage NOURBEL LE CAVELIER's reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on NOURBEL LE CAVELIER's part where none exists.

You must not establish a link from any website that is not owned by you.

The Web Site must not be framed on any other site, nor may you create a link to any part of the Web Site other than the home page. NOURBEL LE CAVELIER reserves the right to withdraw linking permission without notice.

If you wish to make any use of material on the Web Site other than that set out above, please address your request to compliance@nourbel-lecavelier.com

LINKS FROM THE WEB SITE

Where the Web Site contains links to other sites and resources provided by third parties, these links are provided for your information only. NOURBEL LE CAVELIER has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

JURISDICTION AND APPLICABLE LAW

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Web Site or in-store although NOURBEL LE CAVELIER retains the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England.

VARIATIONS

NOURBEL LE CAVELIER may revise these Terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes NOURBEL LE CAVELIER has made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Web Site.

YOUR CONCERNS

If you have any concerns about material which appears on the Web Site, please contact compliance@nourbel-lecavelier.com

PRIVACY POLICY

NOURBEL LE CAVELIER LIMITED. and its affiliated companies ("NOURBEL LE CAVELIER") are committed to protecting and respecting your privacy.

This privacy policy (together with NOURBEL LE CAVELIER's terms of use (http://www.nourbel-lecavelier.com/terms) and any other documents referred to on it) sets out the basis on which any personal data NOURBEL LE CAVELIER collects from you, or that you provide to NOURBEL LE CAVELIER, either through the Web Site or in-store will be processed by NOURBEL LE CAVELIER. Please read the following carefully to understand NOURBEL LE CAVELIER's views and practices regarding your personal data and how NOURBEL LE CAVELIER will treat it.

For the purpose of the Data Protection Act 1998 (the Act), the data controller is NOURBEL LE CAVELIER LIMITED. of 101 Wigmore Street, London W1U 1QU.

Our nominated representative for the purpose of the Act can be reached at: compliance@nourbel-lecavelier.com

INFORMATION WE MAY COLLECT FROM YOU

NOURBEL LE CAVELIER is committed to protecting the privacy of visitors to its Web Site and in-store. NOURBEL LE CAVELIER analyses aggregate and non-personally identifiable data relating to usage of the Web Site. In accordance with data protection legislation personal information is collected with the knowledge and authorisation of users upon registration to the Web Site. Information provided at the time of registration or submission will not be used for any unsolicited communication. Such data is kept secure at all times and is only used for purposes relating to NOURBEL LE CAVELIER. NOURBEL LE CAVELIER does not sell, rent or otherwise make available any personal data submitted by visitors to its Web Site or in-store to any third parties. In all cases, and upon request, NOURBEL LE CAVELIER will remove your personal information from its database thereby cancelling your registration.

We may collect and process the following data about you:

Information that you provide by filling in forms on the Web Site or in-store. This includes information provided at the time of registering to use the Web Site or providing NOURBEL LE CAVELIER with your details in-store when purchasing goods.
If you contact NOURBEL LE CAVELIER, NOURBEL LE CAVELIER may keep a record of that correspondence.
Details of your visits in-store.
Details of your visits to the Web Site [including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise] and the resources that you access.

WHERE NOURBEL LE CAVELIER STORES YOUR PERSONAL DATA

The data that NOURBEL LE CAVELIER collects from you may be transferred to, and stored at, a destination inside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for NOURBEL LE CAVELIER or for one of NOURBEL LE CAVELIER's suppliers. By submitting your personal data to NOURBEL LE CAVELIER either via the Web Site or in-store, you agree to this transfer, storing or processing. NOURBEL LE CAVELIER will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

Unfortunately, the transmission of information via the internet is not completely secure. Although NOURBEL LE CAVELIER will do its best to protect your personal data, NOURBEL LE CAVELIER cannot guarantee the security of your data transmitted to the We Site; any transmission is at your own risk. Once NOURBEL LE CAVELIER has received your information, NOURBEL LE CAVELIER will use strict procedures and security features to try to prevent unauthorised access.

USES MADE OF THE INFORMATION

NOURBEL LE CAVELIER uses information held about you in the following ways:

To ensure that content from the Web Site is presented in the most effective manner for you and for your computer.
To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
To carry out NOURBEL LE CAVELIER's obligations arising from any contracts entered into between you and NOURBEL LE CAVELIER.
To notify you about changes to NOURBEL LE CAVELIER services.

NOURBEL LE CAVELIER may also use your data to provide you with information about goods and services which may be of interest to you and NOURBEL LE CAVELIER may contact you about these by post.

NOURBEL LE CAVELIER will only contact you by electronic means (e-mail or SMS) with information about goods and services consistent with those provided or offered in-store.

NOURBEL LE CAVELIER will not pass your details on to third parties for marketing purposes without your prior consent.

DISCLOSURE OF YOUR INFORMATION

NOURBEL LE CAVELIER may disclose your personal information to any member of the NOURBEL LE CAVELIER group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.

NOURBEL LE CAVELIER may disclose your personal information to third parties:

In the event that NOURBEL LE CAVELIER sells or buys any business or assets, in which case NOURBEL LE CAVELIER may disclose your personal data to the prospective seller or buyer of such business or assets.
If NOURBEL LE CAVELIER or substantially all of its assets are acquired by a third party, in which case personal data held by it about NOURBEL LE CAVELIER's customers will be one of the transferred assets.
If NOURBEL LE CAVELIER are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply the Terms of Use.

YOUR RIGHTS

You have the right to ask NOURBEL LE CAVELIER not to process your personal data for marketing purposes. NOURBEL LE CAVELIER will usually inform you (before collecting your data) if NOURBEL LE CAVELIER intends to use your data for such purposes or if NOURBEL LE CAVELIER intends to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms NOURBEL LE CAVELIER uses to collect your data. You can also exercise the right at any time by contacting NOURBEL LE CAVELIER at compliance@nourbel-lecavelier.com

The Web Site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that NOURBEL LE CAVELIER does not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Furthermore, upon request, registered visitors may access and/or correct any erroneous information.

ACCESS TO INFORMATION

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £ 10 to meet NOURBEL LE CAVELIER's costs in providing you with details of the information NOURBEL LE CAVELIER holds about you.

CHANGES TO OUR PRIVACY POLICY

Any changes NOURBEL LE CAVELIER may makes to this privacy policy in the future will be posted on the Web Site or, where appropriate, notified to you by e-mail.

CONTACT

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to compliance@nourbel-lecavelier.com

TERMS AND CONDITIONS FOR BOUTIQUE AND ORDER SALES

Definitions

"Buyer" means the person purchasing any of Nourbel Le Cavelier goods.

"Nourbel Le Cavelier" means Nourbel Le Cavelier Limited.

"Personalised Jewellery" means any items of jewellery that is created or altered by Nourbel Le Cavelier in accordance with the Buyer's specifications (this includes but is not limited to items with customised design).

"Website" means the website at http://www.nourbel-lecavelier.com/

Basis of Contract

These Conditions apply to the contract to the exclusion of any other terms that the Buyer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
The buyer's order for the goods as set out overleaf ("order") constitutes an offer by the buyer to purchase the goods in accordance with these Conditions. The buyer is responsible for ensuring that the terms of the order and any applicable specification relating to Personalised Jewellery is complete and accurate at the time of submitting the order to Nourbel Le Cavelier.
The contract shall come into existence strictly upon the Buyer's payment in full being received by Nourbel Le Cavelier.
Any samples, drawings, descriptive matter, or advertising produced by the Nourbel Le Cavelier and any descriptions or illustrations contained in the Nourbel Le Cavelier's catalogues, brochures or Website are produced for the sole purpose of giving an approximate idea of the goods described in them. They shall not form part of the contract or have any contractual force.

Payment and Delivery

Risk in the goods will pass to the Buyer on collection or despatch, title in the goods will not pass to the Buyer until payment is received in full.
The price of the goods is inclusive of amounts in respect of value added tax (VAT), unless otherwise stated.
Delivery, carriage and insurance costs are the responsibility of the Buyer, and are payable at the time of purchase or of placing the order. Any transportation arranged on behalf the Buyer in relation to the goods is at the sole risk of the Buyer. The Buyer is advised to insure.

Returning Goods

Unless the goods are faulty, Personalised Jewellery cannot be returned or exchanged for a credit note.
Where a Buyer has ordered a ring re-sizing, Nourbel Le Cavelier may, at its sole discretion, decide to provide a credit note in exchange for the ring. For the avoidance of doubt, the ring must have been purchased by the Buyer in a Nourbel Le Cavelier store.
Subject to 8 above, goods in original and unaltered condition may be returned for exchange for a credit note within 7 days of purchase and must be accompanied by the original sales invoice. Credit notes issued on exchange must be used within twelve months of being issued.
Refunds will only be given against goods which are faulty, and will be subject to proof of purchase; any such refunds will be by the same means of payment as used for the original purchase.

Intellectual Property Rights

Copyright, trademarks, and other intellectual property rights in all materials or content contained in NOURBEL & Le Cavelier's catalogues, brochures or Website, are owned by Nourbel Le Cavelier.
The Buyer may not do any of the following:

copy, reproduce, distribute, republish, download, display, post, transmit, commercially exploit or create derivative works of any part of NOURBEL & Le Cavelier's catalogues, brochures or Website. This prohibition applies, but is not limited, to any photographs, sketches, models and other forms of reproduction whether in 'faux bijoux' (or any other medium ext), graphics, animations, pictures, data, images, audio and video clips available from the catalogues, brochures or Website;
download, edit, reproduce or use any material and content contained within the catalogues, brochures or Website for the purpose of publicity, advertising, promoting, or for any other commercial purposes; or
create and/or publish its own database that features substantial parts of the catalogues, brochures or Website (including without limitation prices and product listings).

The Buyer may print off one copy, and may download extracts, of any page(s) from the Website for its own personal reference and the buyer may draw the attention of others to material posted on the Website.

Our Liability

Nothing in these Conditions shall limit or exclude Nourbel Le Cavelier's liability for:

death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
fraud or fraudulent misrepresentation;
breach of the terms implied by section 12 of the Sale of Goods Act 1979;
defective products under the Consumer Protection Act 1987; or
any matter in respect of which it would be unlawful for Nourbel Le Cavelier to exclude or restrict liability.

Nourbel Le Cavelier shall under no circumstances whatever be liable to the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, loss of savings, or any indirect, special, economic or consequential loss arising under or in connection with the contract.
Nourbel Le Cavelier's total liability to the buyer in respect of all other losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the goods.

General

No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
The contract constitutes the entire agreement between the parties. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of Nourbel Le Cavelier which is not set out in the contract. Nothing in this sub-clause shall limit or exclude any liability for fraud.
The rights and remedies provided under this contract are in addition to, and not exclusive of, any rights or remedies provided by law.
If a provision of this contract (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of this contract, and the validity and enforceability of the other provisions of this contract shall not be affected. If a provision of this contract (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
A person who is not a party to this contract shall not have any rights under or in connection with it.
Nourbel Le Cavelier may assign any benefit or transfer, delegate or sub-contract any of its duties or obligations under this contract.
This contract shall be governed by and construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.