1. PREAMBLE AND PURPOSE

These General Terms and Conditions of Use (hereinafter "GTC") govern the purchase, issuance and use of Honu Handmade Jewellery digital gift cards (hereinafter "Gift Card") available on the website www.honu-bijoux.com .

The Gift Card allows its recipient to purchase handcrafted jewellery products in 925 silver and Tahitian pearls, under the conditions defined below.

2. ISSUER IDENTIFICATION

Professional qualifications:

• Jewellery manufacturing business activity title no. T10726
• Retail trade activity title for distance selling of jewellery, no. T10727

Recordings:

• Autoridade Tributária e Aduaneira (Portugal)
• Contrastaria Portuguesa (INCM) for precious metals

Website host: Shopify Inc., 150 Elgin Street, Suite 800, Ottawa, ON K2P 1L4, Canada

Start date of activity: 01/11/2024

3. DEFINITIONS

The following terms have, in these Terms and Conditions, the meanings attributed to them below:

• Buyer: Individual or legal entity that purchases a Gift Card on the Honu Handmade Jewellery website.
• Beneficiary: Person designated by the Buyer to receive and use the Gift Card.
• Gift Card: Digital gift card issued by Honu Handmade Jewellery in the form of a unique code, allowing the purchase of products on the website www.honu-bijoux.com .
• Code: Unique and personal alphanumeric code to use the Gift Card.
• Balance: Amount remaining available on a Gift Card after partial use.
• Activation: The moment when the Gift Card Code is communicated to the Recipient by email.

4. ISSUANCE AND ACTIVATION OF THE GIFT CARD

4.1. Purchasing Process

The Gift Card is available for purchase on the website www.honu-bijoux.com . The Buyer selects the desired amount and proceeds with payment according to the methods offered on the website.

4.2. Activation and sending

Once payment is validated, the Gift Card is immediately activated and sent by email to the address provided by the Buyer during the order process. This email contains:

• The Gift Card's Unique Code
• The amount available
• Terms of Use
• The expiry date

4.3. Communication Responsibility

The Buyer is responsible for the accuracy of the Recipient's email address. In case of error, Honu Handmade Jewellery cannot be held responsible for the non-receipt of the Gift Card.

5. AVAILABLE AMOUNTS

Honu Handmade Jewellery Gift Cards are available in the following amounts:

• €100
• €250
• €500
• €1,000
• €2,000

Amounts are expressed in euros (€) and include applicable VAT.

6. USING THE GIFT CARD

6.1. Terms of Use

The Gift Card can be used exclusively on the website www.honu-bijoux.com for the purchase of products available online.

To use their Gift Card, the Recipient must enter the Code during the ordering process, in the field provided for this purpose.

6.2. Partial Use

The Gift Card can be used in one or more installments, until its balance is exhausted or its validity expires.

In case of partial use, the remaining balance remains available for subsequent purchases, within the limit of the validity period.

6.3. Higher amount

If the order amount is greater than the Gift Card balance, the Recipient must pay the difference using one of the payment methods accepted on the site.

6.4. Checking the balance

The recipient can check the remaining balance of their Gift Card by contacting customer service at [email protected].

7. VALIDITY AND EXPIRATION

7.1. Validity period

7.2. Expiration

Upon expiry of this 1-year period, the Gift Card becomes invalid and can no longer be used. Any unused balance is permanently lost, without the possibility of a refund or extension of validity.

7.3. Legal basis

This validity period is in line with Portuguese and European commercial practices, and aims to guarantee a balance between the Beneficiary's rights and the issuer's commercial management.

8. USAGE RESTRICTIONS

8.1. General restrictions

The Gift Card:

• Cannot be exchanged for cash or credit
• Cannot be recharged or increased after issuance
• Not for resale, exchange, or commercial transfer
• Cannot be used in combination with certain specific promotions (unless otherwise stated)
• Does not generate interest on the available balance

8.2. Cumul

The Gift Card can be combined with other Gift Cards in the same order, unless otherwise stated during special promotions.

8.3. Non-transfer of commercial rights

Any resale or commercial use of the Gift Card is strictly prohibited.

9. LOSS, THEFT, FRAUD

9.1. Beneficiary's Responsibility

9.2. Declaration of loss or theft

In case of loss, theft or fraudulent use of the Code, the Beneficiary must immediately inform Honu Handmade Jewellery by email at [email protected].

9.3. Blocking and replacement

Honu Handmade Jewellery will endeavor to block the affected Gift Card as soon as possible. However, no refund or replacement will be issued if the Gift Card has already been used before the report.

9.4. Limitation of Liability

Honu Handmade Jewellery cannot be held responsible for fraudulent uses prior to the declaration of loss or theft.

10. RIGHT OF WITHDRAWAL

10.1. Exclusion of the right of withdrawal

10.2. Legal justification

This exclusion applies because the Gift Card constitutes digital content supplied on an intangible medium, the execution of which began immediately after the conclusion of the contract (instant sending of the Code by email), with the prior express consent of the Buyer.

10.3. Buyer's Consent

By purchasing a Gift Card, the Buyer expressly acknowledges:

• Having been informed of the loss of his right of withdrawal
• Accept that the Gift Card will be activated and sent immediately
• Waiving your 14-day right of withdrawal

11. REFUNDS AND RETURNS

11.1. Gift Card Non-Refundability

The Gift Card is neither refundable nor exchangeable for cash, including in the event of a remaining balance after expiry.

11.2. Products purchased with a Gift Card

Products purchased using a Gift Card are subject to Honu Handmade Jewellery's General Terms and Conditions of Sale.

In the event of a return of a product purchased (in whole or in part) with a Gift Card:

• If the return complies with the Terms and Conditions, the corresponding amount will be credited back in the form of a new Gift Card Code.
• No cash refunds will be issued for the portion paid by Gift Card.
• The new short code is valid for one year from its date of issue.

12. PROTECTION OF PERSONAL DATA

12.1. Data Controller

Honu Handmade Jewellery, represented by Isabelle Jacqueline BENATOUIL, is responsible for the processing of personal data collected during the purchase and use of Gift Cards.

12.2. Data collected

The following data may be collected:

• Buyer's first and last name
• Buyer's email address
• Name and surname of the Beneficiary (if different)
• Beneficiary's email address
• Transaction data (amount, date, payment method)
• Gift Card Usage Data

12.3. Purposes of the processing

This data is processed for the following purposes:

• Gift Card Issuance and Activation
• Sending the Code to the Beneficiary
• Gift Card Management and Tracking
• Customer service and support
• Fraud prevention
• Compliance with legal and accounting obligations

12.4. Legal basis

The processing of personal data is based on:

• The execution of the Gift Card purchase contract (art. 6.1.b GDPR)
• Honu Handmade Jewellery's legal obligations (art. 6.1.c GDPR)
• Honu Handmade Jewellery's legitimate interests in fraud prevention (Art. 6.1.f GDPR)

12.5. Shelf life

Personal data is retained for:

• 1 year from the date of activation of the Gift Card (validity period)
• An additional 10 years for accounting and tax data (Portuguese legal obligations)

12.6. Rights of individuals

In accordance with the GDPR (Regulation 2016/679) and Portuguese legislation, the Buyer and the Recipient have the following rights:

• Right of access to their personal data
• Right to rectification of inaccurate data
• Right to erasure (subject to legal obligations)
• Right to restriction of processing
• Right to data portability
• Right to object to processing
• Right to withdraw consent (where applicable)
• Right to file a complaint with the CNPD (Comissão Nacional de Proteção de Dados)

12.7. Exercise of rights

To exercise these rights, the Buyer or the Recipient can contact Honu Handmade Jewellery:

• By email: [email protected]
• By mail: Azeitão (São Lourenço and São Simão), Setúbal, Portugal

A response will be provided within one month of receipt of the request.

12.8. Supervisory Authority

In the event of a dispute relating to the protection of personal data, the persons concerned may contact:

13. RESPONSIBILITY

13.1. Honu Handmade Jewellery's Responsibility

Honu Handmade Jewellery is committed to providing a Gift Card service that complies with these Terms and Conditions and applicable regulations.

Honu Handmade Jewellery cannot be held responsible for:

• Loss, theft, or fraudulent use of the Code not reported within the specified time limits
• Email address errors provided by the Buyer
• Malfunctions in the Beneficiary's email service
• Regarding the improper use of the Gift Card

13.2. Limitation of Liability

Honu Handmade Jewellery's liability is limited to the amount of the relevant Gift Card.

13.3. Site Availability

Honu Handmade Jewellery strives to ensure the site is available 24/7. However, temporary interruptions may occur for maintenance or due to force majeure.

14. FORCE MAJEURE

Honu Handmade Jewellery cannot be held responsible for the non-performance of its obligations in the event of force majeure or an event beyond its control, as defined by Portuguese jurisprudence and the competent courts.

Cases of force majeure include, but are not limited to: natural disasters, fires, strikes, major computer failures, telecommunications network interruptions, acts of terrorism, wars, epidemics, and government decisions.

15. MODIFICATION OF THE GENERAL TERMS OF USE

15.1. Right of modification

Honu Handmade Jewellery reserves the right to modify these Terms and Conditions at any time in order to adapt them to legal, regulatory, jurisprudential, technical or commercial developments.

15.2. User Information

The changes will be published on the website www.honu-bijoux.com and will take effect immediately for any new Gift Card purchase.

15.3. Gift Cards already issued

Gift cards already issued before the modification remain subject to the terms and conditions in force at the time of their purchase, unless otherwise required by law.

16. CUSTOMER SERVICE

For any questions, complaints or assistance regarding the use of a Gift Card, the Recipient can contact Honu Handmade Jewellery customer service:

Customer service is committed to responding within a maximum of 48 business hours.

17. MEDIATION AND DISPUTES

17.1. Amicable resolution

In the event of a dispute, the Buyer or the Recipient is encouraged to contact Honu Handmade Jewellery's customer service first to seek an amicable solution.

17.2. Consumer mediation (European Union)

In accordance with Regulation (EU) No 524/2013 and Directive 2013/11/EU, consumers residing in the European Union may use the European online dispute resolution (ODR) platform:

17.3. Portuguese Mediation Entity

Portuguese consumers can also contact accredited mediation entities in Portugal, including:

17.4. Optional recourse

Recourse to mediation is optional and is not a prerequisite for taking legal action.

18. APPLICABLE LAW AND JURISDICTION

18.1. Applicable Law

These Terms and Conditions are governed by Portuguese law, in accordance with:

• Decreto-Lei n.º 24/2014 (distance sales contracts)
• La Lei n.º 24/96 (Défesa do Consumidor)
• The Portuguese Civil Code (Código Civil)
• The GDPR (Regulation 2016/679)
• Directive 2011/83/EU on consumer rights

18.2. Competent Jurisdiction

In the event of a dispute that cannot be resolved amicably or through mediation, and subject to mandatory provisions relating to consumer protection:

For consumers:

• The competent courts are those of the consumer's habitual residence within the European Union.
• In accordance with Regulation (EU) No 1215/2012, the consumer may choose to bring proceedings before the Portuguese courts of the place where Honu Handmade Jewellery is headquartered (Setúbal, Portugal)

For professionals:

• The courts of Setúbal, Portugal, shall have exclusive jurisdiction.

18.3. Enhanced EU consumer protection

19. FINAL PROVISIONS

19.1. Divisibility

If one or more provisions of these Terms and Conditions are declared null and void or unenforceable pursuant to a law, regulation or final court decision, the other provisions shall remain in full force and effect.

19.2. Waiver

Honu Handmade Jewellery's failure to invoke any of the clauses of these Terms and Conditions at any given time shall not be construed as a waiver of its right to invoke any of said clauses at a later date.

19.3. Language

These Terms and Conditions are written in French. In the event of a translation, only the French version shall prevail in case of dispute.

19.4. Acceptance

Purchasing a Honu Handmade Jewellery Gift Card implies full and complete acceptance of these Terms and Conditions.

19.5. Archiving

These Terms and Conditions are archived electronically by Honu Handmade Jewellery and can be consulted at any time on the website www.honu-bijoux.com .

20. CONTACT AND INFORMATION

For any questions regarding these Terms and Conditions, you can contact: