These general terms and conditions of sale (T&Cs) apply between:

The company Orysta (hereinafter “Orysta”), an individual company, whose registered office is located in Portugal, Lisbon, and registered with the Portuguese commercial number. And any natural person acting for purposes that do not fall within the scope of their commercial, industrial, craft, or professional activity, visiting or making a purchase via the website https://www.myorysta.com

Hereinafter referred to as the “Customer”.

Orysta offers on the Site the sale of jewelry and watchmaking items (hereinafter the “Products”), as well as accessory Services related to these Products (hereinafter the “Services”), to any Internet user browsing the Site or visiting an Orysta store.

These T&Cs aim to define the terms of distance selling between Orysta and the Customer, from order to payment and delivery. They govern all the steps necessary to place the order and ensure the tracking of this order between the contracting parties. By placing an order, the Customer acknowledges having read, understood, and accepted the T&Cs. The Customer declares that they have the capacity to enter into this contract, that is, they are of legal age and are not under guardianship or curatorship.

Orysta reserves the right to modify the T&Cs at any time by publishing a new version on its Site.

ARTICLE 2 – PRODUCTS AND SERVICES

2.1 Product Characteristics

The Products offered for online sale are those presented on the Site.

They are described and displayed by Orysta on the Site with the greatest possible accuracy. The description provided on the Product page specifies the essential characteristics of the Products and their VAT-inclusive price (all taxes included).

Orysta draws the Customer’s attention to the fact that photographs cannot guarantee a perfect similarity with the Product offered for sale.

Without being exhaustive, differences may result from the quality of the photographs, the difficulty of reproducing the appearance of materials on screen, or technical adaptation.

In the event of an obvious error or insignificant omission between the Product’s characteristics and its representation and/or description, Orysta cannot be held liable.

Furthermore, our precious stones, gems, and pearls used in our jewelry may have undergone treatments intended to enhance their appearance.

In this regard, some stones may have been subjected to traditional lapidary practices, including the use of colorless fluids and heating.

ARTICLE 3 – PRICES

The prices applied are those listed on the Site at the time of the Order.

Prices are shown in Euros, including all taxes. Orysta reserves the right to change prices at any time.

Product prices do not include the flat-rate shipping fees, which are communicated to the Customer on the order summary before final confirmation of the Order. Value Added Tax (VAT) is that in effect in French and Belgian territories on the date of the Order. In the event of a change in the applicable VAT rate, the selling price will be automatically adjusted upward or downward without further notice, except for the effective date of the new rate. In the event of an obvious error in the displayed price compared to the actual value of the Product and/or Service, for whatever reason (computer bug, manual error, technical error, etc.), Orysta shall not be bound by the displayed price. In this case, Orysta will inform the Customer as soon as possible, and the Order will be canceled.

Promotional codes (hereinafter “Promotional Codes”) may be applied to certain products for a specified validity period according to the conditions mentioned in the corresponding offer. Unless otherwise indicated, promotions cannot be combined with other offers or discounts.

These Promotional Codes can only be issued by Orysta and cannot be applied to the price of Products and/or Services already subject to other promotions (sales, bundle offers, gifts, price reductions, etc.). Promotional Codes are not retroactive and must be entered in the designated field at the time of the Order.

Furthermore, Orysta cannot be held responsible for any Promotional Codes shared on forums outside of those issued directly by Orysta and for which it has not given consent.

ARTICLE 4 – ORDER

4.1 General

It is reminded that Orders on the Site are reserved for individual customers for their personal use. The Company reserves the right to refuse or cancel, for legitimate reasons, any Order for which the number of products or the total amount to be paid (for a single or multiple cumulative orders) does not correspond to the usual average household use, any Order that would suggest that an economic activity is being carried out by the Customer in connection with the ordered Products, or more generally, any abnormal Order within the meaning of the applicable case law.

4.2 Placing an Order

To place an Order, the Customer can:

• Either log in to their account if they have one, or create an account if they wish
• Or continue as a guest without registering

Any Customer wishing to place an order selects the Product(s) from the catalog of Products available on the Site, adding them to the shopping cart using the “Add to Cart” button. The shopping cart summary is accessible at any time until the order is confirmed, allowing the Customer to review its contents at any moment.

Depending on the nature of the Product, the Customer may be required to select its size.

If the Customer chooses the “click and collect” option, they also have the possibility to check the availability of the Product in-store by indicating the desired location in the designated field. If the Product is not in stock either in-store or online, the Site will indicate an estimated availability date for the Product.

4.3 Order Confirmation

Once the shopping cart is confirmed, the Customer must choose the address, the delivery method, and validate the payment method. This final step formalizes the sales contract with Orysta.

By validating their shopping cart, the order summary, and the General Terms and Conditions of Sale, the Customer proceeds to the payment step. The amount payable by the Customer is the amount indicated on the order summary that the Customer has previously validated. This validation constitutes express acceptance of all operations carried out on the Site.

The confirmation of the order and its payment constitutes the definitive confirmation of the order, which will be confirmed by sending an email containing all the information already provided and the T&Cs.

Payment is due in full at the time of the order. Once the payment is finalized, the order amount is charged on the same day.

4.4 Payment Methods

Payment can be made by:

• BY CREDIT CARD
• PAYPAL

In the case of payment for the order via PayPal, the Customer, having a PayPal account, enters the email address linked to their PayPal account and their PayPal password. PayPal encrypts all the information the Customer provided when creating their account.

Thus, no information other than the Customer’s email address is communicated to Orysta. Financial and personal information is automatically encrypted when sending any sensitive information to the PayPal servers. For more information on the security of transactions between PayPal and the Customer’s bank, Orysta encourages the Customer to contact PayPal directly. In the case of a product return, the refund will be made as a credit to the PayPal account used for the original order payment.

4.5 Order Acknowledgment

After payment, the Customer is directed to a page confirming their online purchase.

A summary of the Order and the T&Cs are sent to the Customer on a durable medium, by email, to the address provided by the Customer, and no later than before delivery. This document – serving as acknowledgment of the Order – includes all the elements constituting the contract between the Parties, including the availability period of spare parts.

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4.6 Order Tracking

To track an ongoing order, the Customer can log in to their personal account, if they have one, by going to the “My Account” / “My Orders” section or to the “Track My Order” page on the Site.

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4.7 Delivery and Receipt of Products

The Customer can choose to have the Product delivered to their home, to a specified location, or to pick it up at a parcel pickup point.

A flat-rate delivery fee of €7.90 applies to all orders to ensure that the Customer receives their Products. This fee is added to the total amount of the order and is clearly indicated on the order summary before final validation.

The delivery fee covers standard shipping to the address chosen by the Customer or to the selected pickup point. Any additional shipping options (express delivery, gift wrapping, etc.) may be subject to extra charges, which will be communicated to the Customer before confirming the Order.

A third party, authorized by the Customer, may also collect the Order provided they present their identity document, a signed proxy from the recipient of the Order, a photocopy of the Customer’s identity document, and a copy of the order confirmation email indicating the Order number.

At the time of delivery, the Customer (or the authorized person) will receive all necessary documents, including a certificate of authenticity. This certificate of authenticity serves as proof of delivery by Orysta and receipt by the Customer of the ordered Products.

No dispute regarding the delivery itself can be accepted if the package is recorded as delivered and confirmed by the carrier, with Orysta’s records serving as proof.

4.8 Receipt of the Order

4.8.1 Transfer of Product Risks

The risks of loss and damage to the ordered Products are transferred to the Customer at the time of delivery.

For the purposes of these Terms, delivery shall be deemed completed at the moment the Customer (or any third party designated by them) takes physical possession of and/or exercises control over the Product(s).

4.8.2 Receipt of the Order

At the time of receipt of the Order or in-store pickup, the Customer (or the third party designated by the Customer) is required to carefully check the overall condition of the package, and in particular the apparent conformity of the Products received with the Order placed.

In the event of any issue regarding the delivery of the Order, the Customer is advised to refuse the package.

The Customer must report any anomaly concerning the delivery (damaged packages, missing or defective products, etc.) within 3 days of receiving the Products to Orysta’s customer service via our contact informations.

Subject to the provisions regarding the right of withdrawal (Article 5) and the statutory warranty of conformity (Article 6.1), any claim submitted more than 30 days after receipt of the Products will be rejected, and Orysta’s liability cannot under any circumstances be engaged.

Returns

Unless otherwise stated, the cost of returning Products is the responsibility of the Customer. This policy is intended to prevent abuse of the return system.

However, Orysta reserves the right to assess each return request on a case-by-case basis and may, at its discretion, authorize partial or full reimbursement of return shipping costs depending on the circumstances.

4.8.3 Delivery Issues

• The Customer is required to check the condition of their package upon delivery, regardless of the delivery method. It is their responsibility to immediately report any necessary reservations to the carrier and to refuse delivery in the event of a clear anomaly.
• Any Customer noticing one of the following issues must inform our customer service within three (3) days from the delivery date so that we can take the necessary steps:
  • Non-receipt of the package,
  • Visible damage to the package (damaged, opened, altered),
  • Missing item(s),
  • Dispute regarding receipt of a package delivered against signature.
• Any claim made after this period will not be considered.
• In the case of missing items or a dispute regarding package receipt, and if the delivery tracking confirms that the package was delivered but the Customer contests this information, they must provide our customer service, within 48 hours from the date of the claim, with:
• A copy of a valid identity document,
• A detailed statement accompanied by a photo of the package,
• A close-up photo of the shipping label,
• And a police report, official statement, or “loss report” available from La Poste.
• To prevent abuse and to allow proper internal and carrier investigation, any claim submitted after the 3-day period or incomplete will not be considered, and no refund or exchange process will be initiated.
• Orysta has exclusive discretion to assess the validity of a delivery issue before proceeding with any refund, which can only be partial, with shipping costs always deducted from the total amount

Fraud Prevention and Sanctions in Case of Fraud

In the event of inappropriate behavior or bad faith, particularly in cases of repeated reports of delivery anomalies or behavior that may indicate an attempted fraud, Orysta reserves the right to temporarily or permanently suspend access to its services and to refuse any new orders.

ARTICLE 5 – RIGHT OF WITHDRAWAL
5.1 Extended 30-day right of withdrawal

As a commercial gesture and by way of derogation from the provisions of Article 10 of Decree-Law No. 24/2014 of the Portuguese Consumer Protection Code, which grants a 14-day withdrawal period, Orysta allows the Customer to withdraw from the purchase within 30 calendar days from the date of receipt of the Product(s) or collection in store.

5.3 Effects of Withdrawal

If the right of withdrawal is exercised, Orysta will reimburse all amounts paid by the Customer, including standard delivery costs, except for any additional costs resulting from the Customer’s choice of a delivery method more expensive than the “standard delivery” offered by Orysta.

Orysta will reimburse the Customer as soon as possible from the date the Products are received by Orysta, or until the Customer has provided proof of shipment of the Items—whichever occurs first—subject to verification of the condition of the Products by Orysta.

Proof of shipment means any document that can clearly demonstrate that the Products were effectively handed over to a carrier or delivery service provider, such as a deposit receipt with a tracking number or any other equivalent proof issued by said carrier.

Upon receipt of the Product by Orysta, an inspection of the Product(s) will be carried out.

If it is found that the Product(s) is/are scratched, incomplete, damaged, deteriorated, worn, or soiled by the Customer, such that the Product(s) can no longer be resold by Orysta without additional costs, the withdrawal will not be valid and no Product will be taken back or exchanged. In such a case, Orysta will return the Product(s) to the Customer at the Customer’s expense.

If there is no damage, Orysta will proceed with the reimbursement using the same means of payment as used by the Customer for the initial transaction.

It is also specified that in the case of full or partial payment by gift card/store credit, loyalty voucher, or credit note, these cannot be refunded in cash, by check, or by bank card. Reimbursement for purchases made using these payment methods will be issued exclusively in the form of a credit note for an amount identical to that paid using such means.

The credit note is valid for 1 year from its date of issue in Orysta stores or on the Website.

Any benefits obtained at the time of the Order, particularly through the loyalty card, will be cancelled in the event the Product is returned.

The Customer’s liability is incurred only for depreciation of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the goods.

ARTICLE 6 – WARRANTIES
6.1 Legal guarantee of conformity

All our Products benefit from the legal guarantee of conformity and the guarantee against hidden defects, as recalled by the provisions reproduced in Annex 2, provided that the Product has been used normally and that the care instructions have been followed.

The legal guarantee of conformity applies independently of any commercial warranty that may be granted.

Within the framework of a legal guarantee claim, return shipping costs shall first be paid by the Customer and will only be reimbursed if Orysta is found liable under the warranty.

6.2 Commercial Guarantees

6.2.1 Exchange

Any exchange for a product of a higher value than the initial purchase amount will require an additional payment from the customer.

For any item of a lower value than the initial purchase amount, the customer may receive a credit note.

ARTICLE 8 – LIABILITY

Orysta strives to provide complete and accurate information but cannot guarantee the accuracy, precision, or completeness of the information made available on the Website.

Orysta cannot be held liable for any inconveniences or damages inherent to the use of the Internet, such as bugs, service interruptions, external intrusions, the presence of computer viruses, or any event classified as force majeure in accordance with case law.

Furthermore, Orysta disclaims liability for any breach of its contractual obligations in the event of force majeure or an unforeseeable and insurmountable act by a third party to the contract, or in the event of a fault attributable to the Customer that prevents Orysta from fulfilling its obligations in the context of distance selling.

Orysta cannot be held liable for the non-performance of the contract in cases of:

• stock shortage or unavailability of the Product,
• disruption or total or partial strike, particularly affecting postal services or means of transport and/or communication,
• any case of force majeure or any other unforeseeable event beyond the control of Orysta.

ARTICLE 10 – PROOF, RETENTION AND ARCHIVING OF TRANSACTIONS

Orysta recommends that the Customer keep a paper or reliable electronic record of all data related to their order.

The computerized records, kept in Orysta’s IT systems under reasonably secure conditions, will be considered as proof of communications, orders, and payments made between the Parties.

Invoices are archived on a reliable and durable medium so as to constitute a faithful and lasting copy.

Furthermore, Orysta undertakes to retain and archive, on any medium, for 10 years, the contracts concluded between the Customer and Orysta with a value equal to or greater than €120, and to guarantee the Customer access to them at any time.

ARTICLE 11 – INTELLECTUAL PROPERTY

The Website is owned and operated by Orysta. All elements composing it, including the graphic charter, domain name, texts, comments, photos, videos, trademarks, graphics, concepts, illustrations, images, and any other distinctive signs appearing on the website, are protected by the applicable Portuguese legislation on intellectual property and copyright, for which Orysta holds the rights.

Any unauthorized use of the website or its content constitutes an infringement punishable under the provisions of the Portuguese Copyright Code (Código do Direito de Autor e dos Direitos Conexos) and the Portuguese Industrial Property Code (Código da Propriedade Industrial).

ARTICLE 12 – FORCE MAJEURE

Orysta shall not be held liable for the total or partial non-performance of its obligations under this contract if such non-performance results either from the Customer, or from an unforeseeable and unavoidable act of a third party, or from a case of force majeure as defined under Portuguese law and jurisprudence, including but not limited to total or partial strikes, particularly of postal services, transport services and/or communication services.

Orysta shall inform the Customer of any event constituting force majeure within 5 working days of its occurrence.

The Parties agree to consult with each other as soon as possible in order to determine how the order will be handled for the duration of the force majeure event.

If the force majeure situation continues for more than 30 days, the Parties shall be released from their respective obligations. In such case, Orysta shall reimburse the Customer as soon as reasonably possible.

ARTICLE 14 – APPLICABLE LAW AND DISPUTE RESOLUTION
14.1 Applicable law and competent jurisdiction

These General Terms and Conditions of Sale are governed by Portuguese law.

In the event that the General Terms and Conditions of Sale are translated into one or more languages, the language of interpretation shall be Portuguese in case of contradiction or dispute regarding the meaning of a term or provision.

The General Terms and Conditions of Sale apply to deliveries made to Customers exclusively domiciled in Portugal or Spain.

In accordance with the applicable provisions of European law, and by way of derogation from the preceding paragraph, the law of the consumer’s country of residence may apply to a consumer residing in Spain.

In case of dispute, the Portuguese courts of the location of Orysta’s registered office shall have sole jurisdiction, except where mandatory rules on territorial jurisdiction apply when the Customer is the claimant.

Orysta and the Customer undertake to seek an amicable solution in the event of a dispute before initiating any legal action.

ARTICLE 16 – ETHICAL AND RESPONSIBLE PRACTICES

When a sold piece of jewellery is set with a diamond, Orysta guarantees that the invoiced diamonds come from legitimate sources, in compliance with applicable national laws and with United Nations resolutions regarding the prohibition of financing armed conflicts.
Orysta certifies that its diamonds are “conflict-free” and that it adheres to the System of Warranties (SoW) Guidelines of the World Diamond Council (WDC), in addition to the Kimberley Process.

Unless otherwise indicated on the certificate of authenticity or the invoice, the diamonds sold are exclusively of natural origin, untreated, and this information is based on Orysta’s professional knowledge and/or the written attestations provided by its suppliers.

Furthermore, unless specifically stated by one of our partner laboratories, the diamonds are guaranteed to be at least H colour and of clarity at least equivalent to grade I.