I. TERMS OF USE

 

A. INTRODUCTION

These Terms of Use apply to http://www.Auvere.com (the “Website” or the “Site”). The Site is operated by Auvere, a division of Gold Bullion International, LLC (“Auvere”). Throughout the Site, the terms “we,” “us” and “our” refer to Auvere. Auvere offers this Website, including all information, tools and services available from this Site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your use of this Site constitutes your agreement to these Terms of Use.

B. TERMS OF USE DO NOT APPLY TO SOFTWARE, PRODUCT OR SERVICE OFFERINGS

These Terms of Use do not apply to any product or service we offer for sale on the Site. Those product or service offerings are subject to separate conditions of sale found elsewhere on this Website.

C. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION ON THIS SITE

Auvere is not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate or more complete sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the content of this Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site. Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other items may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item.

D. CONDUCT ON THE SITE

Some features on this Site may require registration. By registering at and in consideration of your use of the Site you agree to provide true, accurate, current and complete information about yourself.

In addition, some features on this Site may require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify Auvere immediately. Auvere may assume that any communications Auvere receives under your password have been made by you unless Auvere receives notice otherwise.

You or third parties acting on your behalf are not allowed to frame this Site or use our proprietary marks as meta tags, without our written consent. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without Auvere’s express prior written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without Auvere’s express written consent.

E. FEATURES AND FUNCTIONALITY PROVIDED BY THIRD PARTIES; THIRD PARTY TERMS

Certain of the content, features and functionality on the Site may be owned and operated by third parties (collectively, “Third Party Providers”). Your use of and interaction with such content, features and functionality (collectively, “Third Party Content”) may be subject to separate terms and conditions. In that event, you acknowledge that these Terms of Use will not apply to your use of the Third Party Content and that you will be subject to and comply with the terms of use offered by such Third Party Providers. YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE OR OTHERWISE LIABLE FOR THIRD PARTY CONTENT OR THE ACTS OR OMISSIONS OF THIRD PARTY PROVIDERS AND THAT ANY CLAIMS OR OTHER CAUSES OF ACTION AVAILABLE TO YOU IN CONNECTION WITH EITHER OF THE FOREGOING WILL BE BROUGHT AGAINST THE APPLICABLE THIRD PARTY PROVIDER(S) AND NOT US.

F. USE OF MATERIALS ON THE SITE

All content on this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by Auvere, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, or use of the Site for purposes competitive to Auvere, is expressly prohibited. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. Auvere reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site or prohibit any person from using this Site for any reason whatsoever. Auvere, or its licensors or content providers, retain full and complete title to the material provided on the Site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Auvere’s sole discretion. Auvere neither warrants nor represents that your use of materials on this Site will not infringe rights of third parties not affiliated with Auvere.

You may not use contact information provided on the Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. Auvere reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Auvere may be entitled at law or in equity.

G. MATERIALS YOU SUBMIT

You acknowledge that you are responsible for any material you may submit via the Site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this Site any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site.

If you do submit material, and unless we indicate otherwise, you grant Auvere and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that Auvere is free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to Auvere. You grant Auvere and its affiliates the right to use the name you submit in connection with such material, if they so choose. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify and hold Auvere harmless from and against all claims resulting from content you supply.

H. LINKS

This Site may contain links to other websites, some of which are operated by Auvere or its affiliates and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. Auvere is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.

I. TRADEMARKS AND COPYRIGHTS

Trademarks, logos and service marks displayed on this Site are registered and unregistered trademarks of Auvere, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner’s prior written permission, except as otherwise described herein. Auvere reserves all rights not expressly granted in and to the Site and its content. This Site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

J. INFRINGEMENT NOTICE

You are hereby informed that Auvere has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of Auvere’s system or network who are repeat copyright infringers. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify us at Legal Department, Gold Bullion International, LLC, 750 Third Avenue, Suite 702, New York, NY 10017 Tel: (866) 317-7779 Email: Support@auvere.com.   

Auvere is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on this Site, including material you provide to us, and so we have an absolute right to remove any material from the Site in our sole discretion at any time.

K. JURISDICTION AND APPLICABLE LAW

The laws of the State of New York govern these Terms of Use and your use of the Site, and you irrevocably consent to the exclusive jurisdiction of the state or Federal courts located in the County of New York for any action arising out of or relating to these Terms of Use or use of this Website. We recognize that it is possible for you to obtain access to this Site from any jurisdiction in the world, but we have no practical ability to prevent such access. This Site has been designed to comply with the laws of the State of New York and of the United States. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

L. CHANGES TO THESE TERMS OF USE

Auvere reserves the right, in its sole and absolute discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time, by posting revised terms on the Site. It is your responsibility to check periodically for any changes we make to the Terms of Use. Your continued use of the Site after any changes to the Terms of Use or other policies means you accept the changes.

In the event we make material changes to the Terms of Use, notice of the changes will be posted on the homepage of this Website and the revised terms will take effect thirty (30) days after their publication on the Site.

M. ENTIRE AGREEMENT AND ADMISSIBILITY

These Terms of Use, the Conditions of Sale also posted on this Website, and any policies or operating rules also posted on this Site constitute the entire agreement and understanding between you and Auvere with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral, written, electronic or otherwise between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

N. SEVERABILITY

If any provision of these Terms of Use is determined to be unlawful, void or unenforceable, the remaining provisions of these Terms of Use will continue to be fully valid, binding, and enforceable.

O. HOW TO CONTACT US

If you have any questions or comments about these Terms of Use or this Site, please contact us by:

Emailing us at: Support@auvere.com, or by writing to: Legal Department, Auvere, c/o Gold Bullion International, LLC, 750 Third Avenue, Suite 702, New York, NY 10017.

 

II. CONDITIONS OF SALE

 

1. GENERAL

The following terms and conditions and any other related rules that are adopted by Auvere and made available as provided herein (collectively, the “Conditions of Sale”) shall apply to all sales of products that you (the “Customer” or “you”) may order from Auvere, a division of Gold Bullion International, LLC, with its corporate headquarters at 750 Third Avenue, Suite 702, New York, NY 10017, U.S.A. (“Auvere”, or referred to herein as “us”, “our” or “we”) on the Internet via the Auvere Website, identified by the domain name www.auvere.com (the “Platform”) or by phone (866-317-7779) via the client relations center of Auvere (“Customer Service”).

These Conditions of Sale apply to all sales made. The Conditions of Sale applicable to any order placed through Customer Service or the Platform are those in force at the time that an order has been placed on your behalf by a Customer Service representative (in the case of an order placed through Customer Service) or at the time you place your order (in the case of an order placed through the Platform). In the case of an order placed through the Platform, when you check the “I have read and I accept the Conditions of Sale” box at the payment section of the Platform before placing your order with Auvere, you indicate your acceptance of these Conditions of Sale. If you refuse to accept these Conditions of Sale, you will not be able to order any Auvere products from the Platform or Customer Service.

Please read these Conditions of Sale and check our Platform on a regular basis to be informed of any changes. Auvere may modify the Conditions of Sale from time to time, at its sole and absolute discretion, and your continued use and/or registration following such change will signify your agreement to be bound in the future by the modified Conditions of Sale.  If you are placing an order through the Platform, then by checking the “I have read and I accept the Conditions of Sale” box and placing your order, you will be indicating your agreement to be bound by these Conditions of Sale as so modified through such time. Persons wishing to use Customer Service or the Platform will also be deemed, by virtue of such use, to have agreed to be bound by our Platform Terms of Use and our Privacy Policy, which are incorporated into these Conditions of Sale by reference.  Customers using the Client Relations Center will be provided with access to our Privacy Policy as set forth in “Acknowledgment of Order” below.  If you do not agree to any change to the Conditions of Sale, then you must immediately contact the Client Relations Center to cancel your registration and refrain from ordering any Auvere product through Customer Service or the Platform.

2. PURCHASING ELIGIBILITY

Only individuals (and not legal entities) who (a) have reached the age of legal majority (eighteen in most states), and (b) have legal capacity to enter into contracts may order products through Customer Service or on the Platform.  If you are under the age of majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and thereby assent to these Conditions of Sale.  Any orders placed in violation of this provision shall be disregarded and null and void.

By placing an order through Customer Service or on the Platform, you represent and warrant that you are a bona fide end-user customer and will not deliver, sell or otherwise distribute Auvere products or purchase Auvere products for commercial purposes or any other commercial benefit.

3. PRODUCT AVAILABILITY; QUANTITY

All orders placed through on the Platform are subject to availability and acceptance by Auvere.

Auvere reserves the right to change the assortment of items offered on the Platform or through Customer Service, and may limit from time to time the quantity of Auvere products that may be ordered by a Customer in a single buying session, without prior notice.

Customer Service and the product pages on the Platform can provide you with information regarding products that are currently available for sale through those channels.  Please note that only merchandise displaying an “Add to Shopping Cart” icon is available for sale through the Platform.  You may also call Customer Service (866-317-7779) and an Auvere Customer Service representative will provide you with further information as to product availability and assist you with your purchase.

4. ACCOUNT REGISTRATION; PERSONAL INFORMATION; GUEST CHECKOUT

In order to place an order on the Platform, you must either register and create an online account on the Platform, or place an order as a guest without creating an online account by selecting the "Guest Checkout" option. In order to create this account, you will be required to provide valid and up-to-date personal information, such as your full legal name, phone number and e-mail address, and to confirm that you have reached the age of majority.

If you select the “Guest Checkout” option, you will have the option to create your Auvere online account upon receiving the Order Confirmation. Please note that in such case, your Auvere online account will not include transactions made prior to the creation of your account.

Upon completion of your account registration on the Platform or by the Auvere Customer Service representative, you will receive by email a one-time password, which will allow you to log in to your account on the Platform and create a permanent account login and password.  You will also receive a second email summarizing the personal information you provided in registering for your online account.  You are responsible for ensuring that your password and account login are kept secret, safe and secure at all times. Auvere will not be held responsible or liable for any misuse of your account in connection with, and/or resulting from, a third party’s access to and use of your password and account login.

Please refer to our Privacy Policy and Section 7 of these Conditions of Sale for more details about how we may use your personal information. If you select the “Guest Checkout” option on the Platform, your online account will not be created and we will not use your personal information for any purpose other than to process your order.

When placing an order on the Platform you will be required to provide other personal information as applicable, such as shipping address, billing address and payment details. Additional information may be collected by Auvere or its third party providers at this time for security and anti-fraud purposes.

You represent and warrant that the personal information you provide to Customer Service or via the Platform is true, valid, complete, accurate and up-to-date in all respects, and you confirm that you are the person referred to in the shipping and billing information provided.

Should any of the information you provide to Customer Service or on the Platform change, please log in to your account and update such information directly on the Platform, inform Customer Service or notify Auvere at the following e-mail address: Support@auvere.com, or as set out in our Privacy Policy.  

5. ORDERS

If you are ordering on the Platform, orders will be processed as follows: Once you have chosen a product, click on the “Add to Shopping Cart” icon to place this product in your shopping cart.  You may then decide to continue shopping for other products and add them to your shopping cart (subject to availability and quantity limits) or proceed to “Checkout” by clicking on this button.  You may also remove one or several products you have selected by clicking on "X" next to the chosen product in the Shopping Cart.  Once on the payment page, review your order details and personal information (including email, shipping address, billing address and payment information), check the box next to “I have read and I accept the Conditions of Sale”.  Then, click on “Pay Now” to place your order.

Notwithstanding anything to the contrary provided for herein, Auvere reserves the right to refuse, cancel and terminate orders at any moment in time. For example, Auvere may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if Auvere suspects, in its sole discretion, that you have engaged in fraudulent or grey market activities or have otherwise violated these Conditions of Sale.

6. PRICES, TAX AND SHIPPING COSTS

All prices shown on the product pages of the Platform or quoted by Customer Service are in U.S. Dollars.

Auvere reserves the right to modify prices and delivery costs at any time without prior notice. The price of a product and delivery costs displayed on the Platform or quoted by a Customer Service representative, at the time Auvere provides you with a Confirmation of Order, will be honored by Auvere. Any description and information concerning the weight of precious materials and the number of stones and carats are provided as a reference and may vary slightly.

Actual shipping costs and applicable taxes will be reflected on your payment page before you are asked to confirm and place your order (in the case of a Platform order) and will also be reflected in the Confirmation of Order. Delivery costs, if any, are described in the shipping policy set forth below. Sales and use taxes will vary based on the location to which products are being shipped.  Delivery costs and estimated sales and use taxes are not stated on the product pages but will be added to the product price, if applicable, after you have chosen your delivery location and options.

The actual sales tax associated with your purchase will be calculated at the time when your order is to be shipped, at which point you will receive a Confirmation of Order.  Please note that changes to applicable law between the date your order is placed and the date you are sent a Confirmation of Order may result in changes to the sales tax associated with your purchase.  If the resulting change is an increase in the sales tax you are charged, we will contact you and ask that you reconfirm your purchase.

7. PAYMENT BY CREDIT CARD OR PAYPAL

Auvere accepts the following credit cards: Visa, MasterCard, American Express, and Discover.

When ordering on the Platform, you will need to enter your payment details on the appropriate form. In the case of an order placed by telephone, you will need to communicate to Customer Service your credit/debit card number and your three- or four- digit security code that is printed on the back or the front of your card.  Your telephone conversation will be recorded for security and quality control purposes.

All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Auvere, you will need to contact your card issuer directly to solve this problem, and Auvere will not be liable for any delay or non-delivery.

In order to process your order, we may perform security checks on your credit card.  Your credit card will be charged the full amount of the applicable purchase price at the time your order is placed.  By submitting an offer to purchase Auvere products on the Platform or through Customer Service, you expressly authorize Auvere to perform such security checks, where Auvere deems necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number, to authenticate your identity, to validate your credit card, to obtain a credit card authorization and to authorize individual purchase transactions.

Auvere takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction. Auvere uses Secure Sockets Layer (SSL) encryption on all web pages where personal information is collected. Unfortunately, transmitting information over the Internet is not completely secure. Although we will implement appropriate measures to protect your personal information, we cannot guarantee the security of the data you transmit; any transmission is at your own risk and we cannot be held liable. For more information about how we use and protect your information please view our Privacy Policy.

Auvere is prohibited under U.S. law from making sales of its goods to individuals or companies designated on the Office of Foreign Assets Controls (“OFAC”), Specially Designated Nationals (“SDN”) List, or to country destinations sanctioned by the U.S. Any such transactions will be declined.

You should carefully check and confirm all details on the payment page before placing your order through the Platform, including without limitation the particulars of each sale.  In the case of an order being placed through Customer Service, the Customer Service representative may verbally ask you to confirm the details of your order.

8. ACKNOWLEDGMENT OF ORDER

Once you have made your choice and your order has been placed on the Platform, you will receive an Acknowledgment of Order by email, acknowledging the details of your order.  This Acknowledgment of Order will contain an Order Reference Number assigned by Auvere. Please make sure that you save this Order Reference Number for any future enquiries regarding your order. This Acknowledgment of Order is not an acceptance of your order.  Following the transmission of the Acknowledgment of Order, Auvere will conduct its usual credit, anti-fraud, security and related legal checks and, if acceptable, will then process your order.

These Conditions of Sale will be provided to you with the Acknowledgement of Order through either email link or pdf. Please carefully review these Conditions of Sale upon receipt.

9. CONFIRMATION OF ORDER

Upon shipment of your order following completion by Auvere of its anti-fraud, security and related legal checks, Auvere will send you by email a written Confirmation of Order. The written Confirmation of Order constitutes the acceptance of your order by Auvere and indicates the existence of a binding sales contract. The Acknowledgement of Order and Confirmation of Order that are sent to you by email are deemed to be received when you are able to access them on your computer, mobile or handheld device. The Confirmation of Order and any automatic recording systems used by Customer Service or the Platform will be proof of a binding agreement between you and Auvere.

10. SHIPPING POLICY

*Saturday and U.S. federal holidays will not be considered a Business Day with respect to estimated delivery lead time. Delivery on Saturday may be proposed as a service to specific zip codes by Customer Service. This service as well as express shipping may incur more specific charges.  Please contact Customer Service (866-317-7779) for more specific information.

When estimating package delivery time, please allow time for credit approval, address verification and order processing. Once the order is processed and ready for shipment, we will send you the Confirmation of Order by email.

When ordering on the Platform or through Customer Service, you will receive an email notification with the tracking information related to the delivery of goods.

Each delivery package will contain, in addition to your purchased Auvere product: (i) all related accessories, if any; (ii) Warranty Card and/or Certificate of Authenticity, as applicable; and (iii) the return/exchange form and pre-paid return label and (v) the packing slip without price.

When ordering products on the Platform or through Customer Service, you will receive an invoice that will be sent to your email address as a .pdf attachment.  You may also at any time later request an invoice by calling Customer Service (866-317-7779).  Please note that Auvere may request that you provide proper identification as a condition to complying with such request.

Auvere insures each purchase during the time it is in transit until it is delivered to you. We require a signature by an adult to confirm your acceptance of each Auvere product delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes then you understand and accept that evidence of a signature by such recipient (or at that delivery address) is evidence of delivery and fulfillment of the sale contract by Auvere and transfer of responsibility to the recipient in the same way as if the product had been delivered to you.

11. RETURN POLICY

In order to ensure your total satisfaction, a customer may return Auvere products in accordance with the return and exchange policy set forth below. Returns of Auvere products that are not in compliance with the conditions and timeframes set forth below may be rejected by Auvere and will be sent back to the customer.

11.1. Return Period

Auvere allows a customer to return Auvere products purchased on the Platform or directly by phone through Customer Service within thirty (30) days following delivery, but subject to the further terms and conditions set forth below.

11.2. Return Process

To initiate the return process for products that have been purchased on the Platform or through Customer Service contact the Auvere Customer Service center by calling (866-377-7779) or by emailing to Support@auvere.com.

Products that have not been purchased on the Platform or through Customer Service may NOT be returned to the Auvere Customer Service center.

If a customer wishes to return a product to Auvere, then such person must comply with the following steps:

(i)      Call Customer Service at (866-377-7779) or email Support@auvere.com to request a Return Authorization Number (RAN). This number is required prior to returning any product originally purchased from Auvere by Internet or by phone with Customer Service to Auvere;

(ii)     Fill out the required information, list the applicable Return Authorization Number (RAN) on the return/exchange form;

(iii)    Include the completed return/exchange form with the product, all its accessories, the Warranty Card and all other documents, in its original box and all original delivery packaging;

(iv)    Seal the delivery package and affix the pre-paid delivery label to it; and

(v)     Bring the package to any Fedex location or call Fedex to arrange pick-up.

Should a customer decide to return a purchased item within the thirty (30) day period, Auvere and the customer agree that Auvere maintains a special interest in the merchandise and will therefore purchase insurance on the returned merchandise. Auvere is under no obligation to do so but will take this initiative for the customer's convenience.

The customer must keep a proof of return shipment and the FedEx tracking number, and Auvere accepts no liability in the event that such proof cannot be produced. Only merchandise received by the Auvere Customer Service center will be eligible for a refund or exchange.

Upon receiving a return, Auvere will verify that the returned product satisfies the conditions of the return policy and, if so, then proceed with the applicable refund or exchange.

11.3. Conditions to Return a Product

Auvere products must be returned in a new and unused state, in perfect condition, with all protective materials in place and tags and stickers attached to them (if applicable), as well as with the original Auvere box and delivery packaging, including all accessories and documents. Auvere will not accept any return if the product shows signs of wear, or has been used or altered from its original condition in any way.

All returns will be subject to strict Quality Control (QC) by Auvere to ensure that the returned products satisfy these requirements. If the products do not meet QC standards, Auvere will refuse the return, and the products will be sent back to the customer. If the returned product satisfies Quality Control (QC), Auvere will proceed with the applicable refund or exchange.  

11.4. Refunds and Merchandise Credit

Only a customer will be entitled to receive a refund. If a customer’s return complies with the return policy, Auvere will use reasonable efforts to credit the refund to the customer’s credit card account no later than fourteen (14) days after receipt of the returned item by the Auvere Customer Service center. Except for delivery of a defective product, initial shipping charges will not be refunded to the customer.

11.5. Exchanges

Customers may be permitted to exchange a product purchased on the Platform or by phone through Customer Service for another Auvere product if the product to be exchanged satisfies the conditions of the return policy within thirty (30) days following delivery.

Auvere will send an invoice as a .pdf attachment to the Customer’s email address, which specifies the value of the returned product, the price of the item for which the original product has been exchanged and the difference to be paid by the customer or the amount that the customer is entitled to receive, as indicated below.

Should a product be returned for exchange to the Auvere Customer Service center, only the customer will be entitled to receive a refund of the price difference if the returned product is more expensive than the exchanged Auvere product. If the returned product is less expensive than the exchanged item, the customer will be charged the difference in price.

11.6. Defective products

Auvere is extremely cautious in ensuring that each product strictly complies with our quality criteria and that it has passed all our controls, both technical and aesthetic.

If nevertheless you receive a product that seems to be damaged, you may return it to Auvere in accordance with the return policy. Upon receipt, Auvere may classify the returned product as a defective product. Please note that items that are damaged as a result of wear and tear are not considered to be defective.

If your product is declared as defective by Auvere, the following solutions will be proposed to the customer:

1. i)      Auvere may send you the same product in the exact same size, subject to availability,
2. ii)     Auvere may propose an exchange for another Auvere creation of equivalent or higher value, in which case the initial price will be deducted and you will be required to pay only the difference, or

iii)    Only you, as the customer, may request a refund of the full price of your initial purchase.

12. ENTIRE AGREEMENT

The Conditions of Sale (as amended from time to time), including policies incorporated herein (e.g. Privacy Policy, Terms of Use) constitute the entire agreement between you and Auvere regarding your purchase of Auvere products through Customer Service or the Platform, and supersede any prior Conditions of Sale or any other agreement or understanding, arrangements, undertaking or proposal, written, oral, electronic or otherwise between you and Auvere in relation to such matters.  In the event any other rules, code of conduct, or other matter posted on the Platform conflict with the terms of the Conditions of Sale, the Conditions of Sale shall govern. No oral representation or agreement given by any party shall alter the interpretation of the Conditions of Sale. You confirm that, in agreeing to accept the Conditions of Sale, you have not relied on any representation save insofar as the same has expressly been made a representation in the Conditions of Sale and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of the Conditions of Sale save that your agreement contained in this Section shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of the Conditions of Sale.

13. NO WAIVER

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

14. GOVERNING LAW; JURISDICTION

The Conditions of Sale shall be governed by and construed in accordance with the laws of the State of New York, without reference to its conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Conditions of Sale, including the validity, invalidity, breach or termination thereof or any Auvere product purchased on the Platform or through Customer Service, will be resolved in, and you irrevocably consent to the exclusive jurisdiction of the state or Federal courts located in the County of New York for any action arising out of or relating to these Conditions of Sale or use of this Platform. We recognize that it is possible for you to obtain access to this Site from any jurisdiction in the world, but we have no practical ability to prevent such access. This Platform has been designed to comply with the laws of the State of New York and of the United States. If any material on this Platform, or your use of the Platform, is contrary to the laws of the place where you are when you access it, the Platform is not intended for you, and we ask you not to use the Platform. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

 

III. PRIVACY POLICY

 

We take your privacy seriously, and we want you to know how we collect, use, share and protect your information. Please read this privacy policy carefully.

This Privacy Policy tells you:

• What information we collect
• How we use that information
• How we may share that information
• How we protect your information
• Your choices regarding your personal information

This policy pertains to your use of the Auvere.com™ website, related translated websites and any other websites or applications (collectively “Sites”) operated by Auvere™ (the “Company”), except as otherwise stated.

By accessing the Sites, you accept the practices described below. The Company is not responsible for the content or privacy practices of any website or application not operated by our Company, to which this Sites links to or which links to this Site. You are advised to be aware when you are leaving our Sites for a third party website or application.

1. SAFEGUARDING YOUR PRIVACY

The security and confidentiality of your information is important to us. The Sites have incorporated certain physical, administrative and technical procedures to safeguard your personal information for all financial transactions online. Personal information may be printed or otherwise stored in a non-electronic form. Only authorized employees who have a need to access your personal information in order to perform a specific job are allowed access to your personal information.

2. TYPES OF INFORMATION WE COLLECT

We collect the following categories of information:

• Registration information you provide when you create an account, including your first name and surname, country of residence, gender, date of birth, email address, username and password.
• Transaction information you provide when you request information or purchase a product or service from us, including your postal address, telephone number and payment information.
• Information you provide in surveys on our Sites.
• Information you provide to us when you use our Site, or otherwise interact with our Company.
• Usage, viewing and technical data, including your device identifier or IP address, when you visit our sites, or use our applications embedded on third-party sites.

3. HOW WE COLLECT YOUR INFORMATION

We may collect information from you on these Sites in several different ways. We collect information you provide to us when you create an account and register on our Site, request products, services or information from us, participate in customer surveys or other activities on our Site, or otherwise interact with us. Please keep in mind that if you provide information to us from a third-party website or platform, the information you provide may be separately collected by the third-party website or platform. The information we collect is covered by this privacy policy and the information the third-party website or platform collects is subject to the third-party’s privacy practices. Privacy choices you have made on the third-party platform will not apply to our use of the information we have collected directly through our applications.

We collect information through technology, such as website browser cookies, Flash cookies, advertising or user identifiers provided by the browser or application platform, and web beacons, including when you visit our Sites or use our applications on third-party sites or platforms. A cookie is a small text file that is placed on your hard disk by a web server. Cookies contain information that can later be read by a web server in the domain that issued the cookie to you. Cookies cannot be used to run programs or deliver viruses to your computer. One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, if you personalize a webpage, or navigate within a site, a cookie helps the Sites to recall your specific information on subsequent visits. This simplifies the process of delivering relevant content, eases Sites navigation, and so on. When you return to the website, the information you previously provided can be retrieved, so you can easily use the site's features that you customized.

You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to use interactive features of this or other websites that depend on cookies.

We currently use cookies to track our Sites traffic in order to enhance our information and your experience on the Site. Although cookies do not give us any personally identifiable information about you, once you choose to give us your personal information on an online form this information may be linked to cookies.

4. USE OF YOUR INFORMATION BY OUR COMPANY

We use the personal information we collect from you for the following purposes:

• To provide you with the products and services you request.
• To communicate with you about your account or transactions with us and send you information about features on our Sites or our services or products and changes to our policies.
• To be consistent with local law and choices and controls that may be available to you in order to:
• Send you offers and promotions for our products and services or third-party products and services
• Personalize content and experiences on our Site
• Optimize or improve our products, services and operations, and
• Detect, investigate and prevent activities that may violate our policies or be illegal.

5. SHARING YOUR INFORMATION WITH OTHER COMPANIES OR ENTITIES

We will not share your personal information outside of our Company, except in limited circumstances, including:

• When you allow us to share your personal information with another company, such as:
• Electing to share your personal information with carefully selected companies so that they can send you offers and promotions about their products and services, and
• Directing us to share your personal information with third-party sites or platforms, such as social networking sites.

Please note that once we share your personal information with another company, the information received by the other company becomes subject to the other company’s privacy practices. When we cooperate with financial institutions to offer co-branded products or services to you, however, we will do so only if permitted by applicable law and, in these cases, the financial institutions are prohibited from using your personal information for purposes other than those related to the co-branded products or services. When companies perform services on our behalf, like package delivery, storage and customer service; however, these companies are prohibited from using your personal information for purposes other than those requested by us or required by law.

When we share personal information with third parties in connection with the sale of a business, to enforce our Terms of Use, Conditions of Sale or rules, to ensure the safety and security of our guests and third parties, to protect our rights and property and the rights and property of our guests and third parties, to comply with legal process or governmental investigations, or in other cases if we believe in good faith that disclosure is required by law.

6. SECURITY OF YOUR INFORMATION

We regularly review our compliance with our Privacy Policy. When we receive a formal written complaint, we will contact the person and/or entity who made the complaint to follow up. We work with the appropriate regulatory authorities, including local data protection authorities and law enforcement, in order to resolve any complaints regarding the transfer of personal data that we cannot resolve with our users directly.

7. COMPLIANCE AND COOPERATION WITH REGULATORY AUTHORITIES

We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. For example, we store the personal information you provide on computer servers with limited access that are located in controlled facilities. Additionally, when we transmit sensitive personal information (such as a credit card number or password) over the Internet, we help protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

Keep your password safe to help protect your accounts and personal information; it is your responsibility to keep your password confidential. Do not share it. If you are sharing a computer, you should always log out before leaving our Sites or application to protect access to your information from subsequent users.

8. YOUR CONTROLS AND CHOICES

We provide you with the ability to exercise certain controls and choices regarding our collection, use and sharing of your information. In accordance with local law, your controls and choices may include the following:

• You may correct and update your registration account.
• You may change your choices for Auvere emails, subscriptions, newsletters and alerts. You may “opt out” of being on our mailing list or receiving future direct mailings from us by indicating your Account Preferences.

You may exercise your controls and choices, or request access to your personal information, by logging into your Auvere online account, and selecting “Preferences”, or by emailing Auvere at support@auvere.com and following instructions provided in communications sent to you.

Please be aware that, if you do not allow us to collect personal information from you, we may not be able to deliver certain products and services to you, and some of our services may not be able to take account of your interests and preferences. If you have questions regarding the specific personal information about you that we process or retain, please contact us at support@auvere.com.

9. DATA SECURITY, INTEGRITY AND RETENTION

We may transfer your personal information to affiliates of Auvere or third parties in locations around the world for the purposes described in this privacy policy. Wherever your personal information is transferred, stored or processed by us, we will take reasonable steps to safeguard the privacy of your personal information.

10. DATA TRANSFERS, STORAGE AND PROCESSING

The security, integrity and confidentiality of your information are extremely important to us. We have implemented technical, administrative and physical security measures that are designed to protect your personal information from unauthorized access, disclosure, use and modification. From time to time, we review our security procedures to consider appropriate new technology and methods. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable. We will retain your personal information for the length of time needed to fulfill the purposes outlined in this privacy policy unless a longer retention period is required or permitted by law.

11. CHANGES TO THIS PRIVACY POLICY

From time to time, we may change this privacy policy to accommodate new technologies, industry practices, regulatory requirements or for other purposes. When we do, we will also revise the "last updated" date at the top of the privacy policy. We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent when necessary. Notice may be by email to you at the last email address you provided us, by posting notice of such changes on our Sites, or by other means, consistent with applicable law. We encourage you to periodically review this privacy statement to stay informed about how we are helping to protect the personal information we collect. In addition, we may freely assign this Privacy Policy or any of our rights and/or obligations hereunder.

12. COMMENTS AND QUESTIONS

If you have a comment or question about this privacy policy, please contact support@auvere.com. Our Sites may contain links to other sites not owned or controlled by us and we are not responsible for the privacy practices of those sites. We encourage you to be aware when you leave our sites or applications and to read the privacy policies of other sites that may collect your personal information.

Notice to California Residents: If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by Auvere to third parties for the third parties’ direct marketing purposes. With respect to these entities, this privacy policy applies only to their activities within the State of California. To make such a request, please send an email to support@auvere.com or write us at:

Attn: CA Privacy Rights

Auvere

c/o Gold Bullion International, LLC

750 Third Avenue, Suite 702

New York, New York  10017

 

Last Updated: October 2017