Updated on Feb 17, 2022

PREAMBLE

1. These general conditions of sale and delivery apply to the sale and delivery of products offered by :
Ted Beaubrun, whose registered office is: 26 rue de Sonnex, 1218, Geneva, Switzerland, e-mail: info@tedbeaubrun.com, (hereinafter, “Ted Beaubrun”) to persons wishing to make purchases (hereinafter, “the Customer”) on the website of online sales operated by Ted Beaubrun https://tedbeaubrun.com/ to be delivered in Switzerland.

2. Any order taken on this space of sale on line supposes the consultation and the preliminary acceptance of the present general conditions.

3. The Customer has the option of saving and printing these general terms and conditions of sale by using the standard functions of his browser or computer. This saving or editing of the general conditions is the sole responsibility of the Customer.

4. The Customer declares that he has obtained from Ted Beaubrun all the necessary information concerning the use of the online sales area and the quantitative and qualitative characteristics of the product.

5. The Customer acknowledges that he/she is fully aware that his/her agreement to the content of these general terms and conditions of sale does not require the handwritten signature of this document, but results from his/her placing the order alone.

6. Acceptance of these terms and conditions is made by a double positive click and constitutes proof that the Customer has read the said provisions and will be considered as irrevocable acceptance of these terms and conditions.

7. The Customer declares to be of legal age and to have the full legal capacity to commit himself under these general conditions.

8. All the information accessible on the ralphbeaubrun.com site is presented in English language

ARTICLE 1. DEFINITIONS

1.1. The terms below will have the following meanings for the parties:

2 – “Confirmation of order”: e-mail sent by Ted Beaubrun materializing the taking of order placed by the customer and the acceptance of this order by Ted Beaubrun.
– Double positive click”: The click is the electronic formulation of “yes” or acceptance.
The technique of double positive click means a first click that marks the agreement of the Customer and a second click that marks the confirmation of his agreement. The click is said to be positive when the Customer is given the choice to validate by yes or no his acceptance of the general conditions of sale and his order;
– Order number”: number communicated by Ted Beaubrun in the e-mail confirming the order of the Customer;
– Contractual partner”: any partner of Ted Beaubrun, other than those involved in the process of processing the order, using personal data for marketing purposes;
– Product”: the term product means the products offered for sale on the online sales space of Ted Beaubrun.
– Website”: interactive electronic service operated by Ted Beaubrun on the Internet, and accessible at https://tedbeaubrun.com/.

ARTICLE 2. PURPOSE

2.1. These terms and conditions are intended to define the rights and obligations of the parties under :
– Of the remote sale of Products offered by Ted Beaubrun on its online sales space, via its Website.

– Of the sale of Products offered for sale by Ted Beaubrun on its online sales space, via the Woocommerce application. This includes sales made at the consumer’s home or in a place agreed between the Parties, in a “popup shop”, or on fairs and markets

ARTICLE 3. CONTRACTUAL DOCUMENTS

3.1. The Contract Documents are, in order of priority:
– these general terms and conditions ;
– the Order Confirmation.
3.2 In the event of contradiction, the document of higher rank will prevail.

ARTICLE 4. ENFORCEABILITY OF THE GENERAL CONDITIONS OF SALE

4.1. The version of the general terms and conditions of sale enforceable against the Customer is the one appearing on the
Website at the time of validation of the order by the Customer.

4.2. The various versions of the general terms and conditions of sale as well as the order forms with a value equal to or greater than 120 euros are archived by Ted Beaubrun in the following manner:

– These documents are preserved under paper format with the registered office of Ted Beaubrun. It is also kept electronic copy, on elements of external storage of Ted Beaubrun.
– The purchase orders whose amount exceeds 120€/CHF will be preserved by Ted Beaubrun during a ten years deadline as from the conclusion of the contract.

4.3. The Customer may access the archived general conditions of sale as well as the order forms by making a request by e-mail to the address info@tedbeaubrun.com

4.4. The documents appearing online on the online sales area of Ted Beaubrun prevail over any paper version of earlier date.

4.5. The general conditions of sale are likely to be modified or deleted at any time by Ted Beaubrun – it is the duty of the Customer to ensure the updated content of the general conditions at the time he consults the Website or uses the Woocommerce application, only the current version applies at the time of such use.

4.6. The present general conditions of sale are proposed in French language.

4.7. These general conditions prevail over any other condition or contractual provision that the Customer would like to impose or apply to the relationship with Ted Beaubrun through the Website or the Woocommerce application; any change in these terms and conditions that would be addressed by the Customer to Ted Beaubrun (including in an annex to an order form) will be considered immediately as null and void, unless an explicit written acceptance from Ted Beaubrun

ARTICLE 5. ACCESS TO THE ONLINE SALES SPACE

5.1. Ted Beaubrun reserves the right, without notice or compensation, to close temporarily or permanently the website tedbeaubrun.com or access to one or more services such as the online sales area.

5.2. Ted Beaubrun is not responsible for damages of any kind that may result from these changes and / or temporary unavailability or permanent closure of all or part of the Website or services associated with it such as the online sales area. As far as possible, Ted Beaubrun will endeavor to honor orders in progress despite the temporary or permanent closure of the website. Ted Beaubrun will inform without delay the Customers having an order in progress of any incident which could impact the execution of their Order, in particular in terms of time.

ARTICLE 6. ORDERING

6.1 IDENTIFICATION AND ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE

6.1.1. The Customer wishing to enter into these general terms and conditions of sale undertakes to provide the information requested in advance using the forms available online on the Website. 6.1.2. The Customer also certifies the truthfulness and accuracy of the information thus transmitted. He undertakes to communicate only information that relates directly to him or to another person who has expressly authorized him to do so.

6.1.3. The contracting procedure includes the following steps:
– Step 1: choice of products ;
– Step 2: referencing the mandatory fields of the identification and information forms;
The Customer can, at this stage, identify the errors made in the input of his data and correct them by clicking on “back to the basket”.
– Step 3: consultation of the general sales conditions;
– Step 4: acceptance of all the general terms and conditions of sale by the “double positive click” technique;
– Step 5: placing the order.

6.1.4. The ordering process is similar in case of sale via the Woocommerce application, but it will be made by Ted Beaubrun in the presence and under the control of the Customer.

6.1.5. The Customer guarantees Ted Beaubrun against any recourse or claim of a third party as to an illegal registration under the terms of these general conditions of sale. The Customer is in particular responsible for any registration he makes on the Website, including any registration under a name other than his own and/or on behalf of another person than him.

6.2 CONFIRMATION OF THE ORDER

6.2.1 The contractual information will be confirmed as soon as possible by e-mail to the e-mail address indicated by the Customer when placing the order.

6.2.2 This confirmation e-mail will include the following information:
– The address where the Customer can submit complaints;
– The identification of the order number;
– The time and date of the order;
– The billing and delivery addresses;
– Shipping method and applicable delivery charges (if applicable);
– Information about the products ordered;
– The total price of the order.

6.3 CONSERVATION AND ARCHIVING

6.3.1 It is the Customer’s responsibility to keep on the medium of his choice the contractual information received from Ted Beaubrun.

6.3.2. Ted Beaubrun is entitled to keep and archive all documents related to the Customer and/or his order, including any personal data that would be integrated.

6.4 PAYMENT

6.4.1. The final validation of the order implies the full and complete adherence of the Customer to these General Conditions. It is proof of the completeness of the order and payment of the price indicated.

6.4.2. To pay for his order, the Customer has, at his choice, all the payment methods mentioned in the order interface. In case of sale via the Woocommerce application, the Customer will also have the opportunity to pay in cash.

6.4.3 In case of payment by credit card on the Website, Ted Beaubrun uses a system of security of online payments. Ted Beaubrun guarantees the total confidentiality of the Customer’s banking information, secured by the SSL protocol (Secure Socket Layer), which automatically checks the validity of access rights during payment by credit card and encrypts all exchanges in order to guarantee confidentiality.

6.4.4. The credit card transaction, carried out between the Customer and the secure system, is therefore entirely encrypted and protected. This means that the information related to your order and your credit card number do not circulate unencrypted on the Internet.
The customer’s bank details are not stored electronically at Ted Beaubrun.

6.4.5. All payments by credit card are subject to a validity check by the issuer of the card, which must also authorize the use of the card. If the issuer of the credit card does not authorize the payment of the order or otherwise blocks the payment (including by mistake), the delay or lack of delivery of the order can not be attributed to Ted Beaubrun. Ted Beaubrun can not be held responsible for any problems related to the security and confidentiality of the process on the website of the card issuer or, more generally, in its system.

6.4.6. Payment of the order shall be made in the default currency used on the Ted Beaubrun platform unless the customer is given another choice on the payment page. Where appropriate, the customer may choose to pay in another currency among those proposed. The exchange rate is set by the payment provider, Ted Beaubrun can not be held responsible for determining the exchange rate.

6.4.7 The invoicing of the order will be done in the currency used by default on the platform of Ted Beaubrun.

6.5 EXECUTION OF THE ORDER

6.5.1. The order will be executed within an indicative period of 30 days from the day following the day on which the Customer placed the order. By exception, when the item is indicated as being available only on pre-order, the order will be executed within an indicative period of 30 days from the date of availability indicated on the product sheet or the order confirmation. The time of execution of orders relating to personalized items or expressly indicated “On order only” will give rise to a subsequent agreement between the Customer and Ted Beaubrun.

6.5.2. Ted Beaubrun undertakes to honor orders within the limits of available stocks, it being understood that Ted Beaubrun reserves the right to limit the number of purchases of products subject to an order, as well as the number of identical copies that can be ordered at once.

6.5.3. In case of unavailability of all or part of the products ordered, the Customer will be informed as soon as possible by e-mail to the address indicated at the time of the order.

The Customer will then have the choice to wait until the product is available again, or to cancel his order and be reimbursed the sums paid, if any, within 30 days after the cancellation, or for items in pre-order, custom or on order only, within 30 days of notification of unavailability by Ted Beaubrun. In the exceptional case where no restocking would be provided for the product ordered, Ted Beaubrun will inform the Customer as soon as possible and will proceed to the cancellation of its order and the refund of sums paid, within 30 days, at the latest following the cancellation or for the articles in pre-order, personalized or on order only, within 30 days of the notification of unavailability by Ted Beaubrun.

6.5.4. In addition, Ted Beaubrun informs its Customer that in case of unavailability of stocks, it may temporarily close its online sales space and will possibly indicate a date of reopening of this space.

6.5.5. During the time of closure of the online sales space, the Customer will not be able to place an order for products.

6.5.6. Ted Beaubrun shall not be liable for any loss arising from the cancellation and/or delay of the order.

6.6 DELIVERY

6.6.1. The products are delivered to the address indicated by the Customer in the boxes provided for this purpose when placing the order, and, as far as possible, within the period indicated on the order validation page according to the delivery method chosen. The Customer will be delivered within an indicative period of 30 days from the day following the day on which the Customer placed the order, or for pre-ordered, personalized or made-to-order items only, within an indicative period of 30 days from the date of availability of the product agreed between the parties.

6.6.2. If Ted Beaubrun is unable to meet the delivery deadlines as provided for in Article 6.6.1, without failure on the part of the Customer such as a lack of full payment, Ted Beaubrun will immediately contact the Customer to transmit the new delivery date.

6.6.3. If the Customer refuses the new delivery date or in any event after the deadline for delivery initially set or, failing that, at the end of the delivery period of 30 days, and after having put Ted Beaubrun on notice to deliver within a reasonable additional period either by e-mail to the address info@tedbeaubrun.com or by registered letter with acknowledgment of receipt, the Customer may cancel the order by sending a registered letter with acknowledgment of receipt or an e-mail to the same address.
The contract binding the Customer to Ted Beaubrun will be considered as resolved upon receipt by
Ted Beaubrun, of the letter or electronic message informing him of this resolution, unless Ted Beaubrun has not performed between the sending of the mail by the Customer and its receipt.
In case of valid resolution of the contract, the purchase price of the corresponding products, including delivery charges, which the Customer may have been debited will be refunded within 14 days from the date of its cancellation by recrediting the account used to place the order.
If several products have been ordered by the Customer, at the same time or at different times, the cancellation will only affect the product(s) for which the delivery (i) is late and (ii) has not been made by the due date of the formal notice by the Customer, to the exclusion of any other product.

6.6.4. When the Customer orders several products at the same time, Ted Beaubrun reserves the right to split the shipments.

6.6.5. The Customer can ask on line on the space dedicated to this end, with the company Ted Beaubrun the sending of an invoice to its address of delivery or with any other address of its choice.

6.6.6. In the event of sale via the Woocommerce application, the Customer will be able, if stocks available at the time of the sale allow it, to opt for the handing-over in hand of the product against payment of the price.

6.7 ORDER TRACKING SERVICE

6.7.1. From this service, the Customer can access the following operations:
– the possibility of consulting the order history;
– Possibility of cancelling the order in accordance with the conditions defined herein;
– the possibility of consulting the status of the order execution
– and the possibility of making claims in case of non-receipt of the product.

6.7.2. The above operations shall be addressed by the Customer to Ted Beaubrun by mail to the following address: info@loacreation.com

6.8 CANCELLATION OF THE ORDER

6.8.1. Ted Beaubrun reserves the right to cancel or refuse any order made by a Customer with whom there would be a dispute relating to the payment of a previous order, and / or not in accordance with these terms and conditions, or in case of returns and claims abnormal or abusive from the Customer.

ARTICLE 7. PRICES

7.1. The prices related to the order of the products are indicated on the online sales space dedicated to this purpose.

7.2. The prices of the products are indicated on the site in SWISS CHF, including all taxes, unless otherwise indicated and excluding processing and shipping costs.

7.3. The prices of the products are indicated on the SOP, including all taxes, unless otherwise indicated and excluding processing and shipping costs.

7.4. Any processing and/or delivery costs are not included in the price, unless otherwise stated on the Website. In any case, the participation to the processing and/or delivery costs is indicated separately, if applicable, on the order interface as well as on the order confirmation e-mail.

7.5. Ted Beaubrun is not required to deliver to the Customer a product at an incorrect price if the price error is obvious and the Customer would have easily detected the fact that the price indicated was wrong. If this is the case, Ted Beaubrun will contact the Customer before delivery of the product.

7.6. Ted Beaubrun reserves the right to change its prices at any time but the products will be charged on the basis of the rates in force at the time of registration of orders and subject to availability.

ARTICLE 8. GIFT Card Ted Beaubrun

Not applicable for the moment

ARTICLE 9. TRANSFER OF OWNERSHIP

9.1. The sold products remain the full and whole property of Ted Beaubrun until the catch of possession of the goods by the customer

9.2 Notwithstanding the provisions which precede, the transfer of the risks of loss, destruction or damage intervenes at the date of delivery of the good. In these assumptions,

Ted Beaubrun will implement the procedure provided for in articles 6.6.2 and 6.6.3.

9.3. The risks related to the return of a product, whatever the reason, are the exclusive responsibility of the Customer.

ARTICLE 10. RETURN OF PRODUCTS

10.1 The policy of Ted Beaubrun is to ensure that its Customers are satisfied each time they order on its online sales space.

10.2 If you are not satisfied, Ted Beaubrun offers you the possibility of returning certain products under the conditions defined below. You will be able to return the products for which a return is possible by informing Ted Beaubrun of your wish to return the product (s) ordered and requesting a return authorization code by e-mail to the address info@tedbeaubrun.com within a maximum period of fourteen (14) days from receipt of the product concerned or receipt of the last product in the order if it was delivered in several times. The Customer must indicate in his e-mail the number of the order corresponding to the product concerned that he will find on the invoice received or the e-mail confirmation of his order. Ted Beaubrun will acknowledge receipt of his e-mail of withdrawal by communicating the return authorization code.

10.3 The Customer then has a maximum period of fourteen (14) days from the sending of his e-mail of withdrawal to return to Ted Beaubrun the product (s) concerned (s) to the following address:
Ted Beaubrun by Ted Beaubrun
26 rue de Sonnex
1218 Le Grand-Saconnex
Switzerland
The product (s) returned (s) must be accompanied by the return form that :
– the Customer will find on the Website – returns section, or which was attached to his delivery or to the acknowledgment of receipt of the retraction;
– the Customer will have completed the form, specifying the reason for the return of the product and adding the return authorization code that was communicated to him;
– the Customer will have signed.

10.4. The return of products is only possible if the products have not been worn, used or damaged and if they are in original condition, in their original packaging.

Any product returned incomplete, damaged or soiled will not be accepted for exchange or refund. When the product cannot be exchanged or reimbursed for the reasons mentioned in this paragraph, the Customer who wishes to recover the returned product will have to pay the delivery costs again.

11.5. In addition, for certain products listed below, the return of products is not possible and the Customer will not be able to obtain an exchange or refund. These are:

5

– All works of art unique or available on order only, whether or not they have been made to specifications or personalized. This category covers in particular all products of the range Insolite, all works of art, and any other unique piece of art for which Ted Beaubrun will inform the Customer before placing the order;

– Products subject to special promotions or sales;
– Products whose return can not be accepted for reasons of hygiene, such as earrings, which can not be accepted for reasons of hygiene;
– Gift cards;
– All products purchased at fairs, shows or market stalls.

10.5. If the request for return was made within the time and conditions referred to above and that the product (s) returned is eligible for return and meets the conditions described above, Ted Beaubrun will exchange the product or refund the price charged for the product (s) referred to by the Customer in the return form, depending on the choice of the customer and the availability of stocks. The costs of processing and delivery will not give rise to reimbursement.

10.6. The refund will be made by Ted Beaubrun within fourteen (14) days from receipt of the product by Ted Beaubrun, by re-crediting the account used to place the order.

10.7 If the customer opted for the exchange of the product, this exchange will be carried out by Ted Beaubrun, subject to available stock, within fourteen (14) days as from the reception of the product by Ted Beaubrun. The exchange will be able to relate only to a product identical to the bought product. In the absence of available stock, Ted Beaubrun reserves the right to refuse the exchange and to proceed to the refunding of the product under the conditions envisaged in the article 10.6.

10.8. The shipping costs related to the return of the product are at the charge of the Customer.

ARTICLE 11. RESPONSIBILITY

11.1. Ted Beaubrun is responsible, under an obligation of means, of the good execution of the obligations resulting from the contract, that these obligations are to be carried out by itself or by other service providers whom it would have appointed, subject to its recourse against those.

11.2. Ted Beaubrun shall not be liable to the Customer for damage caused by the Customer’s own act, omission or fault, in the event of force majeure, or by any third party not connected with Ted Beaubrun for the performance of the contract.

11.3. Ted Beaubrun can not be held responsible for any direct or indirect damage resulting from an interruption, a malfunction whatsoever, and for any reason whatsoever, or any direct or indirect damage that would result in any way, a connection to the Website. It is the responsibility of all Internet users to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any attack. The connection of any person to the Website is done under their entire responsibility.

11.4 In any event, except in the case of wilful misconduct or gross negligence, Ted Beaubrun shall not be liable for all damage that it may cause to the Customer under the terms of the contract or for products delivered to the Customer. In the event of fraud or gross negligence, the compensation may in no case exceed, all claims and all years combined, the amount of the order (s) that gave rise to the damage (s), even if
Ted Beaubrun was informed of the possibility of such damage occurring.

11.5. The products offered are in accordance with the Swiss legislation in force relating to product liability. The responsibility of Ted Beaubrun could not be committed in the event of non-observance of the legislation of the country where the products are delivered. It is the Customer’s responsibility to check with the local authorities the possibilities of importing or using the products or services that he plans to order.

11.6 Ted Beaubrun is responsible only for the contents of the pages which it publishes.

ARTICLE 12. EVIDENTIARY AGREEMENT

12.1. The “double click” of the customer made under the acceptance of these general conditions of sale, and the validation of the order, constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.

12.2. The computerized registers preserved in the computer systems of the company
Ted Beaubrun will be kept in reasonable conditions of security and considered as evidence of communications, orders and payments between the parties.

12.3. The filing of the orders and the invoices is carried out on reliable and durable support being able to be produced as proof.

ARTICLE 13. INTELLECTUAL PROPERTY RIGHTS

13.1. The elements belonging to Ted Beaubrun such as the Web site, the marks, the drawings and models, the images, the texts as well as the design of the products are the exclusive property of Ted Beaubrun or were yielded to him.

13.2. The present general conditions of sale do not carry any transfer of any kind of intellectual property right on the elements belonging to Ted Beaubrun (sounds, photographs, images, literary texts, artistic works, software, marks, graphic charter, logos…) with the profit of the Customer.

13.3. The Customer shall refrain from directly or indirectly infringing the property rights of Ted Beaubrun.

13.4. While browsing the Site, the Customer agrees to abide by the General Terms and Conditions of Use of the online site.

ARTICLE 14. DATA PROCESSING, FREEDOMS AND DATA PROCESSING

14.1. The information which is requested by Ted Beaubrun, in particular through the form of order and the form of return, are necessary to the treatment of the order and could be communicated to the contractual partners of Ted Beaubrun, including when those are abroad. In the absence of answer of the Customer, Ted Beaubrun will be in the impossibility of treating the order.

14.2. The Customer will refer to the legal notice appearing online on the site ralphbeaubrun.com for any information relating to the processing of its personal data.

14.3. The Customer may write to Ted Beaubrun, whose contact details are given in the legal notice, to object to such communication or to exercise his rights of access and rectification in respect of the information concerning him and contained in Ted Beaubrun’s files, under the conditions prescribed by the Federal Data Protection Act.

14.4. In order to be able to update the personal data relating to the Customer, the latter undertakes to provide Ted Beaubrun with all the information requested of him.

ARTICLE 15. MISCELLANEOUS

15.1. Validity. If one of the provisions of these conditions of sale is considered illegal or unenforceable by a court decision, the other provisions remain in force and applicable.

15.2. Address of contact. To contact Ted Beaubrun, send us a letter to :
Ted Beaubrun by Ted Beaubrun
rue Sonnex 26
1218 Le Grand-Saconnex, Geneva
Switzerland
or an email to info@tedbeaubrun.com

You can also call us on the following toll-free number for any questions you may have regarding your orders and deliveries, from Monday to Friday, from 9:00 am to 6:00 pm, at +41 79 963 31 72.

You can contact us every day of the week by WhatsApp at +41 79 963 31 72

15.3. Applicable law. These terms of sale and delivery are governed by Swiss law. This applies to both substantive and formal rules. The exclusive place of jurisdiction is Geneva, Switzerland.

Ted Beaubrun by Ted Beaubrun