BUCCELLATI EMPLOYEE SALES

Last updated: January 2022

These Conditions of Sale apply to any sales of Buccellati products or services that you may order from Richemont North America, Inc. (“Richemont”) during an employee sale (the “BUCCELLATI Employee Sale”) on a website reserved for employee sales and via any relevant mobile or digital applications (the “Platforms”).

Richemont has its registered offices at 645 Fifth Avenue, 5th Floor, New York, NY 10022, U.S.A. (“BUCCELLATI” and "we", "us" and "our").

BUCCELLATI, a division of Richemont, is an affiliate of Buccellati Holding Italia SpA , which owns and edits the Platforms pursuant to the Terms of Use, and which is responsible for our information collection practices pursuant to the terms of the Privacy Policy. By placing an order, you agree to be bound by the Terms of Use and Privacy Policy, the terms of which are incorporated into these Conditions of Sale.

Please read these Conditions of Sale carefully. These Conditions of Sale are applicable to any order placed through the BUCCELLATI Employee Sale Platforms. Please note that before placing an order for products or services, you will be asked to agree to these Conditions of Sale. If you do not agree to these Conditions of Sale, then you will not be able to order any products or services through the BUCCELLATI Employee Sale. Sales concluded in person at our retail boutiques or with third parties (such as authorized retailers) or online via our BUCCELLATI website are not subject to these Conditions of Sale.

We may make changes from time to time to these Conditions of Sale so please check back regularly to keep informed of updates. The latest version of these Conditions of Sale will always be available on request. Any changes to the Conditions of Sale made after you have placed an order will not affect that order and your relationship with us, except as may be required by applicable law.

Only individuals (and not legal entities) who (a) have reached the age of majority (eighteen in most states), (b) have legal capacity to enter into contracts, (c) are citizens of or residents living in the continental United States of America, Alaska, Hawaii or the District of Columbia, and (d) are an active, regular full-time or part-time Richemont employee may order products through the BUCCELLATI Employee Sale. Please see the employee handbook and the Group Permanent Employee Discounts & Flash Sales Policy for further details about employee sales eligibility, discounts, quotas, compliance, and other participation policies and requirements. Any orders placed in violation of this provision shall be null and void.

By placing an order through the BUCCELLATI Employee Sale, you represent and warrant that you are a bona fide end-user client and will not deliver, sell or otherwise distribute BUCCELLATI products or purchase BUCCELLATI products for commercial purposes or any other commercial benefit. Should we determine that any employee violated our policy regarding employee purchases, we will take prompt disciplinary action, up to and including termination of employment. If you do not abide by the terms and conditions listed below, your order will be subject to cancellation.

All orders placed through the BUCCELLATI Employee Sale are subject to availability and acceptance of such orders by us. The BUCCELLATI Employee Sale can provide more information as regards these products. For information about the order process, please refer to our Order Process section below.

Quantity limits may apply in relation to orders for certain products. We reserve the right to refuse at any moment in time, without prior notice, orders exceeding a certain number of authorized products.

For this Employee Sale, no Personalization services (for example, engraving) will be available to any of the products.

We reserve the right, in our sole discretion, to refuse, cancel and/or terminate orders at any time on reasonable grounds. For example, we may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if we suspect, in our sole discretion, that you have engaged in (i) fraudulent activities; or (ii) have otherwise violated these Conditions of Sale.

All prices quoted by the BUCCELLATI Employee Sale include sales taxes but exclude shipping costs and other taxes unless otherwise stated.

The price will be updated based on the shipping destination after you provide us with the delivery address and will be communicated to you before you place your order. You should check updated prices carefully.

Sales, use or other taxes will vary based on the location to which products are being shipped.

Shipping costs, if any, are described in the Shipping Policy below or by the BUCCELLATI Employee Sale. Shipping costs are not stated on the product pages but will be added to the product price after you have chosen your delivery options. These costs will be summarized before you are asked to confirm and placeyour order and will also be reflected in our correspondence with you once you have chosen your delivery options.

We reserve the right to modify prices and delivery costs at any time without prior notice.

We take reasonable care that the prices of products and delivery costs are correct at the time when the relevant information was entered into the system or communicated to you via the BUCCELLATI Employee Sale. However, it is always possible that, despite our reasonable efforts, some of the products offered through our BUCCELLATI Employee Sale or delivery costs may be incorrectly priced. If any of the products you place an order for or any delivery costs are incorrectly priced, we will contact you as soon as possible to inform you of this error. If we are unable to contact you using the contact details you have provided during the order process, we will cancel the order and notify you in writing. If we mistakenly accept and process your order where a pricing or delivery cost error occurs, we may cancel supply of the product and refund you any sums you have paid.

We only accept credit cards as a method of payment, including American Express, Master Card, Visa and Discover Card. Depending upon the means of payment, we may require additional information, including specific forms of identification. All payment card holders are subject to validation check and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, you will need to contact your card issuer directly to solve this problem and your order may be subject to cancellation in BUCCELLATI’s sole discretion. You may use our Pay-by-Link process to pay for your purchase. You will be sent a secure link by Buccellati that will reference the order and you will need to enter your payment details.

BUCCELLATI 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.

Please note that you must use your Richemont/BUCCELLATI work email when proceeding with your order, as well as use a credit card bearing your own name. It is strictly prohibited to place an order under another employee’s name/email or to use a credit card belonging to anyone else (it must be your own personal credit card).

Once you have made your choice and your order has been placed through the BUCCELLATI Employee Sale, you will receive a written Acknowledgement of Order (by e-mail or otherwise confirming the details of your order). This Acknowledgement of Order is not an acceptance of your order. To confirm the order, we will conduct our usual credit, anti fraud, security and related legal checks and, if acceptable, will then process your order. Upon receipt of the Acknowledgement of Order, it is your responsibility to review it and confirm that it accurately reflects your intended order. If you have any questions or concerns or if the Acknowledgement of Order does not reflect your intentions, you should contact the BUCCELLATI Employee Sale promptly.

These Conditions of Sale will be provided to you when we acknowledge your order.

Upon shipment of your order, we will send you a Confirmation of Order & Shipment in writing (by e-mail or otherwise). This Confirmation of Order & Shipment constitutes our acceptance of your order and indicates the existence of a binding sales contract.

We only accept orders for delivery to addresses in the continental United States, Alaska, Hawaii and the District of Columbia. Please note that BUCCELLATI does not ship to PO boxes, APO/FPO addresses or hotels. Delivery dates, if any, are provided as an estimate and subject to change without notice.

As a BUCCELLATI Employee Sale, the product purchased may be delivered without containing: (i) related accessories, if any; (ii) Product User Guide, Warranty Card, or Certificate of Authenticity, as applicable, or (iii) its original packaging.

BUCCELLATI 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 BUCCELLATI product delivered, at which point responsibility for your purchased goods passes to you

When ordering products via the BUCCELLATI Employee Sale, you will receive an invoice that will be sent to you in writing (to your e-mail address as a PDF attachment or otherwise).

All products are sold in as-is condition, and all sales are final. Once a product has been purchased, you will not be able to return it or exchange it.

We are committed to ensuring that each product strictly complies with our quality criteria and that it has passed all our controls, both technical and aesthetic. However, none of the products will be covered by a warranty. In your capacity as consumer, you may have legal rights under the applicable law of governing the sale of consumer goods; those legal rights are not affected by these Conditions of Sale or the applicable BUCCELLATI Guarantee.

None of these items qualify for gift wrapping, engravings, adjustments in sizing, and/or complimentary links.

Please note that, should these items require servicing after your purchase, you shall solely be responsible for the costs associated with the product(s).

The BUCCELLATI Employee Sale is for personal-use only. Purchases for third parties or for resale are prohibited and, if discovered, disciplinary action will follow, up to and including termination of employment.

For all products offered during a BUCCELLATI Employee Sale, we make no guarantees, whether express or implied, in relation to the accuracy, reliability and completeness of such information. In particular, any description and information concerning the weight of precious materials and the number of stones and carats are provided as an indication only and may vary slightly.

To the fullest extent permitted by applicable law, we disclaim and exclude all other terms, conditions and warranties in relation to the products and any orders placed through the BUCCELLATI Employee Sale, whether express or implied by statute or otherwise or arising from any previous course of dealing or usage or trade practice.

Nothing in these Conditions of Sale limits or excludes our liability for any liability which cannot be limited or excluded by applicable law. Subject to the preceding sentence, our aggregate liability to you under these Conditions of Sale for any order whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages shall in no event exceed the one hundred percent (100%) of the price of the product(s) in your order.

Please note that in some jurisdictions, including the State of New Jersey, USA, consumer protection laws do not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations do not apply.

If any provision, or part of a provision, of these Conditions of Sale is found to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these Conditions of Sale, and the legality, validity or enforceability of the remainder of the provisions of these Conditions of Sale shall not be affected, unless otherwise required by operation of applicable law.

These Conditions of Sale (and associated terms incorporated by reference) constitute the entire agreement between you and us in relation to the order of products or services, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.

We are not responsible for any failure or delay in performing or complying with our obligations under these Conditions of Sale which arises from any cause beyond our reasonable control.

The waiver by us of a breach of any provision of these Conditions of Sale will not operate to be interpreted as a waiver of any other or subsequent breach.

This contract is between us and you. No other person shall have any rights to enforce any of its terms.

These Conditions of Sale shall be governed by and construed in accordance with the Federal Arbitration Act and, where applicable, the laws of the State of New York, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or related to the Conditions of Sale, including the validity, invalidity, breach or termination of the Conditions of Sale, or to any product purchased from BUCCELLATI through the BUCCELLATI Employee Sale, will be resolved by binding arbitration, rather than in court, except that a consumer or BUCCELLATI may assert claims in small claims court if such claims qualify. You understand and agree that you are waiving your right to sue or go to court to defend your rights, including to a trial by jury, under these Conditions of Sale. In addition, you and BUCCELLATI understand and agree that the parties will pursue any dispute on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other consumer. You and BUCCELLATI agree that each may not bring a claim against the other as part of any class action, class arbitration, or other representative proceeding. The arbitration will be conducted in the state and county where you reside (as determined by your address on file with BUCCELLATI or at consumer’s election, New York, New York, by the American Arbitration Association (“AAA”) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.

Before bringing any dispute in arbitration, you and BUCCELLATI agree that you will first notify the other party and make reasonable efforts for a period of thirty (30) days to resolve amicably any dispute or failure to agree that may arise out of or relate to the product, the Conditions of Sale or any potential or alleged breach thereof. This requirement is a pre condition, and no claim shall be filed in arbitration (or small claims court) until this provision is first met.

If you have any questions or comments about these Conditions of Sale, or matters generally, please contact us at the address provided below.

BUCCELLATI

714 Madison Avenue

New York, NY 10065

347-803-1200