Fonderie 47

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CUSTOMER SERVICE

TERMS AND CONDITIONS OF SALE APPLICABLE TO ORDERS OF FONDERIE 47 JEWELRY, WATCHES AND OBJECTS

The purchase and sale of furniture on the Fonderie47.com website (hereinafter “the Products”) is governed by the terms and conditions of sale stated below and the Terms of Service of Fonderie47.com.  In case of any conflict with the Terms of Service otherwise stated on the Fonderie47.com website (the “TOS”), the terms and conditions of sale stated below shall take precedence over the TOS.  

 

 1. Price

    The prices of the Products are indicated in US dollars, excluding taxes, costs for storage, transportation and insurance, which are payable by Client over and above the listed price.  Each order must be paid for at the price displayed on www.Fonderie47.com. 

    Fonderie 47 reserves the right to modify the prices of Products offered on the Fonderie47.com website at any time without prior notice. The client will be charged the prices displayed on the Fonderie47.com website at the time your order was confirmed, however, Fonderie 47 reserves the right not to accept or to cancel your order if the Products are not available, are incorrectly priced or are otherwise incorrectly described.

     

    2. Terms of Payment

    The Client is required to pay for any order placed on the Fonderie47.com website immediately upon confirmation of the order. All orders are payable in US dollars. We accept payment by credit card, money order, cashier's check, certified bank check, wire transfer, or Paypal. We accept the following charge cards and credit cards: MasterCard®, Visa®, Diners Club®, American Express®, and JCB®. Your order will only be dispatched, or production of bespoke or custom orders initiated once we have verified your payment method and received authorization to process your payment.

    Your charge card or credit card will only be debited for items that are in stock when your order is dispatched, or when the production process is initiated on your Product if it is a custom, or bespoke item.

     Fonderie 47 accepts direct wire transfers for both domestic and international orders. Fonderie 47 will deduct 2.5% from your order total if a wire transfer is used for payment. Wire transfer orders cannot be processed online and must be placed over the phone or email. The client will be given an order number and emailed wire transfer details. Wire transfers are recommended for orders placed without access to a credit card. Fonderie 47 usually receives domestic wire transfers the same business day; international wire transfers take about two to four business days to process. Please contact Fonderie47.com after the anticipated wire transfer date so we may check our records for your payment. After payment is received, your order will be shipped, or production of bespoke or custom orders initiated if the product is being produced to your specification. To pay for an order with a wire transfer, please contact Fonderie 47 at contact@fonderie47.com.

     

    3. Terms of Delivery

    Products will be delivered by an insured FEDEX delivery, or by a Firm Providing secure delivery services, or by a representative of Fonderie 47.  Delivery times may vary.  A representative from Fonderie 47 will contact the Client upon confirmation of the order to review approximate wait times for custom or bespoke production and delivery, schedule delivery and arrange payment of delivery fees.

     

    4. No Exchange or Return of Products

    All sales are final.  The Products may not be returned or exchanged for credit.

     

    5. Place of Delivery of the Products

    Unless otherwise expressly agreed in writing, the Products will be delivered to the Client’s place of residence or to such other address indicated by the Client and agreed by Fonderie 47, subject to this Section 5. 

    For any claims or objections regarding the Products to be valid, the Client must state them immediately to the carrier upon receipt of the Product, and be noted on the bill of lading.

    In the case of latent damage, such claims must be stated to Fonderie 47 Corporate Office, 22 West 21st Street, New York, NY, 10010, within 48 hours of the delivery in the form of a certified letter with acknowledgment of receipt.  

    Client may also call Fonderie 47 Customer Service at +1-347-770-2241 within 48 hours of the delivery with respect to any claim or objection.

     

    6. Compliance

    Fonderie 47 jewelry Products and art pieces are partially or mostly made of recycled gun steel, combined with other precious materials.   As a consequence Fonderie47 steel cannot be held liable for any normal differences between the sample and the Product or piece delivered as differences relate to variations in materials and their integration.

    Fonderie47 is entitled to make any modifications arising from  the  technical requirements  of manufacture, without the Client having to bear any costs arising from those modifications.

     

    7. Intellectual Property Rights Held by Fonderie 47

    Fonderie 47 remains the owner of the creations relating to the Products.

    The present terms and conditions of sale do not grant to the Client or any other person any entitlements of any kind to the intellectual property rights held by Fonderie 47.

    These intellectual property rights  prohibit,  inter  alias,  the  affixing  of  the 

    Fonderie 47 trademark and/or its logo,  or  the  insertion  of photos of the Products or  their packaging in any  material (including brochures, posters, catalogues, correspondence, press articles, audiovisual works, internet sites, intranet sites, etc.) for commercial purposes without express prior written approval from Fonderie 47. The Client agrees to refrain from fabricating and/or arranging for the fabrication of, for itself or on behalf of third parties, products that are identical to, and/or similar to, and/or constituting imitations of the Products or derivative products within the meaning of federal and state intellectual property laws and regulations.

     

    8. Retention of Ownership

    Fonderie 47 shall retain ownership of the Products until actual payment in full of the full amount owed for the order. From the time of delivery of the Products to Client, Client shall bear the risk of loss and damage to the Products or and any damage that the Products may cause.

     

    9. Governing Law and Jurisdiction

    The application or interpretation of the present terms and conditions of sale shall be governed by the internal laws of the State of New York. The courts of the State of New York shall have exclusive jurisdiction of any disputes arising from the application or interpretation of the present terms and conditions. The present terms and conditions of sale are explicitly excluded from application of the “United Nations Convention on Contracts for International Sale (CISG)”.

     

    WATCH LIMITED WARRANTY

     

    Limited Warranty USA / CANADA

    Every Fonderie 47 watch is covered by a two-year Warranty against any material or manufacturing defect at the time of purchase. However, after 24 months following the date of purchase, the client will be charged for the labor involved in any repair or replacement, whether the parts are covered by the guarantee or not.

    With the exception of current legal provisions, this Limited Warranty constitutes the exclusive manufacturer's guarantee. This Limited Warranty, for labor expenses, and any other express or implied warranties, including any implied operating Warranty for the envisaged use or for a particular use, shall be strictly limited to a period of 24 months from the purchase date. Fonderie 47's liability is limited exclusively to repair or replacement under the terms stipulated in this Warranty. Fonderie 47 shall not be held liable, in conformity with this Limited Warranty or by any other means, for any loss or damage resulting from the use of or inability to use your watch, or any accidental or consequential damage related to your watch. In order to benefit from this Warranty, the client must present the guarantee certificate, which can be found in the service booklet.

    As some States, Provinces or Territories do not permit the limiting of the duration of an implied Warranty, or the exclusion or limiting of accidental or consequential damage, the above restrictions or exclusions may not apply to you. 

     

    The Warranty covers

    Under guarantee, any piece that has a manufacturing defect, confirmed by our technical services, will be repaired or replaced free of charge, during the 24-month period following the purchase. After that period, the client will be charged for the labor involved in any repair or replacement.

     

    The Warranty does not cover

     The Limited Warranty excludes in particular damage resulting from:

     

    Water resistance
    Water resistance means that a watch is able to withstand contact with water without suffering damage.

    Inversion Principle is water resistant to 30 meters. A water-resistance level of 30 meters means that Inversion principle can withstand splashes of water.

     The Sales Warranty does not cover water or moisture damage stemming from improper use of the watch.

     If the client discovers condensation under the watch crystal, the client can assume that their watch is no longer watertight. In that case, the client should get in touch with Fonderie 47 for servicing.

      

    Magnetism

    Refrain from exposing your watch to strong magnetic fields. Such exposure may cause it to run fast or even to stop running. It should be added, however, that it will cause no lasting or irreversible damage to the movement. In most cases, the timepiece need only be demagnetized to return it to a normal rate and amplitude.

    If the client notices that their watch runs fast, perhaps followed by a complete stop, it may have been inadvertently magnetized. In such cases, contact Fonderie 47 for instructions on servicing.

     

    International Guarantee (all countries except USA / Canada)

     This guarantee applies to watches sold or repaired under guarantee in any country other than the United States of America or Canada.

     Fonderie 47 watches are guaranteed against any manufacturing defect for an unlimited period, under the following terms: any piece which is defective due to a manufacturing fault, confirmed by our technical services, will be repaired or replaced free of charge by Fonderie 47. However, 24 months following the date of purchase, the client will be charged for the labor involved in any repair or replacement, whether the parts are covered by the guarantee or not.

    In order to benefit from this guarantee, the client must present the guarantee certificate, which can be found in the service booklet.

     

    The Guarantee covers...

    Under guarantee, any piece that has a manufacturing defect confirmed by our technical services will be repaired or replaced free of charge, during the 24-month period following the purchase. After that period, the client will be charged for the labor involved in any repair or replacement.

     

    The Guarantee does not cover...

     The Fonderie 47 International Guarantee excludes in particular any damage resulting from: