General conditions of sale

1.Object

The purpose of these general conditions of sale is, on the one hand, to inform any potential consumer about the terms and conditions under which the seller proceeds to the sale and delivery of the products ordered and, on the other hand, to define the rights and obligations of the parties in the context of the sale of products by the seller to the consumer. They apply, without restriction or reservations, to all sales, by the company Gemology, of the products and services offered on its website www.gemology.com

Consequently, the fact that any person orders a product or service offered for sale on the website of the company Gemology, www.gemology.com, implies full acceptance of these general conditions of sale which the Buyer acknowledges having read prior to his order.

The products are offered for sale in the following geographical territory: Metropolitan France, Corsica and Overseas, Azores, Algeria, Germany, Saudi Arabia, Australia, Austria, Bahrain, Belgium, Canada, Canary Islands, Korea, Denmark, Spain, Finland, Great Britain, Greece, Hong Kong, Hungary, Ireland, Italy, Iceland, Israel, Kuwait, Luxembourg, Madeira, Malaysia, Morocco, Netherlands, New Zealand, Norway, Spain, United Arab Emirates, Poland, Portugal, Czech Republic, Singapore, Slovakia, Slovenia, Sweden, Switzerland, Taiwan, Tunisia, Turkey, USA.

The Buyer prior to his order, declares that:
– the purchase of products on the website of the company Gemology, www.gemology.com, is not directly related to his professional activity and is limited to strictly personal use;
– have full legal capacity, allowing him to commit himself under these general conditions of sale.

Gemology reserves the right to modify these general conditions of sale at any time.

2.Identity of the Company

Name: Gemology
Address: 19 rue des entrepreneurs
CP: 78420
City: Carrières-sur-Seine
SIRET N°454 012 907 00027
SAS with a capital of 596 722€
N° of intra-community VAT: FR41454012907

3.Access to the site

The Buyer is personally responsible for setting up the computer and telecommunications means allowing access to the Site of the company Gemology www.gemology.com

The Buyer shall bear the costs of telecommunications when accessing the Internet and using the site.

4.Contract formation and orders

4.1. Rates

The selling prices of the products online on the Gemology website www.gemology.com, indicated in euros, are those in force at the time of registration of the order form by the Buyer.

They do not include shipping costs, invoiced in addition to the price of the products purchased according to the amount of the order. The shipping costs will be indicated before the registration of the order by the Buyer.

Prices include value added tax (VAT) applicable on the day of the order and any change in the applicable rate will be automatically reflected in the price of the products sold by Gemology within its website www.gemology.com

The selling prices of the products may be modified by Gemology at any time. This modification will be notified to the Buyer before any order.

4.2. Product characteristics

In accordance with Article L. 111-1 of the Consumer Code, the Buyer may, prior to his order, read on the Gemology site www.gemology.com, the essential characteristics of the product or products he wishes to order.

The Buyer selects one or more products from the different categories offered on the Gemology website, www.gemology.com.The offers presented by Gemology are valid within the limits of available stocks. For products not stored in its warehouses, the offers presented by Gemology are valid subject to availability at its suppliers.
Gemology reserves the right to modify the assortment of products according to the constraints related to its suppliers.

The photographs, graphics and descriptions of the products offered for sale are only indicative and do not bind the seller.

In the event that a supplier modifies a product, the graphic representation of it can not engage the responsibility of the seller or even affect the validity of the sale.

4.3. Order

Any order requires unrestricted or unqualified adherence to these terms and conditions of sale.

To be able to validate his order, the Buyer must check the box "I have read and I accept the general conditions of sale". He is then considered to have accepted knowingly and without reservation the present general conditions of sale, the prices, volumes and quantities of the products offered for sale and ordered.

The Buyer's order must be confirmed by Gemology by email.

The sale will only be considered final after the buyer has sent the confirmation of the order by Gemology and the latter has received the full price.
Gemology recommends that the Buyer keep this information on a paper or computer document.

The computerized records, kept in the computer systems of the company Gemology under reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties. The archiving of order forms and invoices is made on a reliable and durable support that can be produced as evidence.

As a selective distribution company, Gemology sells the products on its site only to retail and end consumers. Any order that does not manifestly correspond to a retail sale and, more generally, any fraudulent order or presumed as such, will be considered by Gemology as null and void.

5.Payment

Payment must be made at the time of the order by the Buyer. At no time can the sums paid be considered as a deposit or down payment.

All orders are payable in euros.

To pay for his order, the Buyer has the following payment method: credit card (see details below). The credit cards accepted on the site are the following: Carte Bleue, Visa, Master Card.

Online gift vouchers/vouchers are issued exclusively by Gemology and can only be used on its website www.gemology.com. They are valid for one year from the date of issue.

The Buyer guarantees to Gemology that he has the necessary authorizations to use the payment method he has chosen, when registering the order form.
Gemology reserves the right to suspend or cancel any order and/or delivery, regardless of its nature and level of execution, in the event of non-payment of any sum due by the Buyer or in the event of a payment incident.

Penalties of an amount equal to the legal interest rate plus five points are automatically applicable to unpaid amounts upon notification of the rejection of bank payment for any other means of payment. The delivery of any new order may be suspended in the event of late payment of a previous order and this notwithstanding the provisions hereof.
Gemology reserves the right to request a photocopy of the Buyer's identity card for any payment by credit card. For amounts greater than 400 euros including VAT, Gemology reserves the right to request a certified photocopy of an identity document

As part of the fight against fraud on the Internet, the information relating to your order may be transmitted to any third party for verification.

Only credit cards issued by a bank are accepted.

In order to ensure the security of payment by credit card, the customer is obliged to transmit to Gemology the visual cryptogram (CVV) of his credit card.

Gemology uses a secure payment tool: SECURE TPE from PAYBOX. The security of the payment is based on the authentication of the merchant, i.e. Gemology, and on the confidentiality of all data. To ensure this security, the SECURE TPE PAYBOX uses proven cryptography techniques and complies with the various banking regulations.

6.Choice of products

The Buyer having read the products and their characteristics, marketed by Gemology, has under his sole responsibility and according to his needs as they have previously determined them before any order, made his choice on the product or products subject to his order. In addition, the Buyer knowing alone the products he owns and uses, is the sole judge of the compatibility of the products ordered with those used by him.

It is exclusively the Responsibility of the Buyer, if he does not consider himself sufficiently competent, to be assisted by counsel.

7.Delivery and receipt

7.1. General rules

The products will be delivered to the address indicated by the Buyer on the order form.

By default, invoices are sent to the e-mail address indicated by the Customer when registering.

Failure to comply with the procedures set out below, no claim by the Buyer will be accepted.

7.2. Characteristics of the Colissimo Suivi de la POSTE system

The Buyer or the recipient of the package is delivered to his home or to the address of his choice (office, …) by post and signs a distribution slip acknowledgment of receipt. In case of absence, the buyer or the recipient of the package receives a notice of passage from his postman, which allows him to collect the package at the nearest post office, for a period of fifteen days.

In the event that the Buyer has any doubt of any kind whatsoever about the condition or content of his package, he is required:
– to apply the Colissimo procedure (in particular to report the damage due, all claims and reservations) and to refuse the goods by immediately issuing a statement of anomaly to the postal agent (report 170).
– to report these incidents to Gemology by email to communication@localhost

7.3 Deadlines

The delivery times, following validation of your order, are as follows:
– Colissimo Suivi: 3 to 5 working days for the France
– Colissimo Expert Overseas: 5 to 7 working days for overseas
– Colissimo Expert International: 4 to 8 working days for international
– These deadlines are communicated as an indication.

Any possible excess may not give rise to damages, withholding or cancellation of the order by the Buyer.

In any event, and in accordance with the provisions of Article L. 121-20-3 of the Consumer Code, the products ordered will be delivered within a maximum period of thirty days from the day following that on which the Buyer has registered his order, subject to full payment of the price.

In the absence of delivery at the end of this period, the Buyer will have the possibility to cancel his order. The sums paid by the Buyer will then be returned to him without delay, to the exclusion of any other compensation.

In the event of a delay in delivery compared to the date initially set, the Buyer must report it in writing (mail, fax, email) to Gemology in order to improve the quality of service that may be offered to him and to allow Gemology to carry out an investigation with the carrier.

A carrier survey can take up to 21 business days. If during this period the product is found, it will be immediately re-routed to the place of delivery designated in the order form.

On the other hand, if the ordered product is not found at the end of this 21-day investigation period, Gemology will proceed at its expense to a new shipment of the products ordered by the Buyer.

In the event that the ordered product is then no longer available, the provisions referred to in Article 8 will be applied. In case of product exchange, the delivery costs will be borne by the consumer.

We decline all responsibility for the extension of delivery times due to the carrier, in particular in the event of loss of products or strike.

8.Delivery problems due to the carrier

Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products …) must be indicated on the delivery note in the form of "handwritten reserves", accompanied by the customer's signature. The consumer must at the same time confirm this anomaly by sending the carrier within two (2) working days following the date of delivery a registered letter with acknowledgment of receipt setting out the said claims. The consumer must send a copy of this letter by fax or by simple mail to:

Gemology
19 rue des entrepreneurs
78420 – Carrières-sur-Seine

9.Return of products

Any return of products must be the subject of a formal agreement between the seller and the buyer.
The products may be returned by the Buyer under the conditions and according to the instructions below.

Upon receipt of the Products ordered, the Buyer must verify the conformity of these Products. Any anomaly concerning the delivery (missing or broken product, damaged package, …) must be reported by the Buyer and must imperatively be notified, the same day of receipt or at the latest the first working day following receipt, to the Gemology consumer service, by filling in the Return form. Any claim made after this period will be rejected and Gemology will be released from any liability. In the event of an anomaly affecting the package or the Product(s), and after having reported it to Gemology within the period mentioned above.
The Buyer must return it in its (their) original packaging and packaging within fourteen 14 days of receipt of the order. This return must be accompanied by the document to be printed via the Site following the completion of the Return form.

1. Gemology invites the buyer to download the Return form, fill it out and send it to communication@localhost
2. Use the original packaging to return the product.
3. The product must not be opened, used or damaged.
4. The product must be returned in its original intact packaging duly sealed
5. The returned products must be sent to Gemology in a single shipment (Gemology reserves the right not to accept items from the same order, returned and shipped at different times);
6. Products returned within 14 (fourteen) days of the date you received them.
7. Send your package to the following address:
Gemology
19 rue des entrepreneurs
78420 – Carrières-sur-Seine

The products must imperatively be returned to Gemology in a perfect state of resale, in their original condition (packaging, accessories, instructions …), duly sealed, and accompanied by the signed return slip. This will allow the buyer to obtain the free replacement or return of a credit note for his benefit, to the exclusion of any other compensation or damages.

10. Delivery error

The buyer must make to the company Gemology the same day of delivery or at the latest the first working day following delivery, any claim of delivery error and / or non-conformity of the products in kind or quality compared to the indications on the order form. Any claim made beyond this period will be rejected.

Any return must be reported in advance to the Customer Service of the company Gemology: by phone or by e-mail to the following address contact@gemology.fr The return will be made according to the procedure described in Article 9 above.

11. Right of retraction

In accordance with Article L. 121-20 of the Consumer Code, the Buyer has a period of fourteen clear days from the date of receipt to return at his expense, the products ordered, for refund.

11.1 Conditions for exercising the Right of Withdrawal

The Right of Withdrawal is considered to be applied correctly in the event that the following conditions are fully met.

Upon receipt of the Products ordered, the Buyer must verify the conformity of these Products. Any anomaly concerning the delivery (missing or broken product, damaged package, …) must be reported by the Buyer and must imperatively be notified, the same day of receipt or at the latest the first working day following receipt, to the Gemology consumer service, by filling in the Return form.Any claim made after this period will be rejected and Gemology will be released from any liability. In the event of an anomaly affecting the package or the Product(s), and after having reported it to Gemology within the period mentioned above.

The Buyer must return it in its (their) original packaging and packaging within fourteen 14 days of receipt of the order. This return must be accompanied by the document to be printed via the Site following the completion of the Return form.

Steps:
1. Gemology invites the buyer to download the return form, fill it out and send it to communication@localhost
2. Use the original packaging to return the product.
3. The product must not be opened, used or damaged.
4. The product must be returned in its original intact packaging duly sealed
5. The returned products must be sent to Gemology in a single shipment (Gemology reserves the right not to accept items from the same order, returned and shipped at different times);
6. Products returned within 14 (fourteen) days of the date you received them.
7. Send your package to the following address:
Gemology
19 rue des entrepreneurs
78420 – Carrières-sur-Seine

Please note that we do not accept parcels sent postage due.
Initial delivery charges are not refunded.

Any risk related to the return of the product is the responsibility of the Buyer.

If the buyer has met all the required conditions, Gemology will refund you the full price of the products purchased. Shipping costs for the delivery of products originally purchased will not be refunded. The shipment of the return, on the other hand, is the responsibility of the buyer. If the return cannot be accepted because it does not comply with the conditions indicated above, the buyer will be contacted. In this case, the buyer may decide to recover the items at his own expense. If the buyer does not wish to do so, Gemology reserves the right to keep the goods and the amount corresponding to the purchase of the products.

11.2 Deadlines and terms of reimbursement

After receipt and verification of compliance with the conditions required by Gemology, you will receive an e-mail to confirm the acceptance of the return. Regardless of the payment method you have used (credit/debit card), the refund is activated by Gemology within 14 working days of the date on which Gemology became aware of your exercise of the Right of Withdrawal and once verified that the return meets all the conditions indicated above.

Terms of refund payment will be made by check to the buyer.

The products must imperatively be returned to Gemology in perfect condition for resale, in their original condition (packaging, accessories, instructions …), duly sealed, and accompanied by the return slip signed according to the procedure described in Article 9 above.

12. Warranty

The Customer benefits from the provisions of the legal guarantee of conformity in application of Articles L. 211-4 and following of the Consumer Code and the legal guarantee of hidden defects in application of articles 1641 and following of the Consumer Code.
Legal guarantee of conformity:

The Consumer Code provides that:

Article L217-4: The seller delivers a good in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to defects in conformity resulting from the packaging, assembly instructions or installation when it was charged by the contract or was carried out under its responsibility.

Article L217-5:
The good is in conformity with the contract:
1 ° If it is suitable for the use usually expected of a similar good and, if necessary:
– if it corresponds to the description given by the seller and has the qualities that the latter has presented to the Customer in the form of a sample or model;
– if it has the qualities that a Customer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;

2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the Customer, brought to the attention of the seller and that the latter has accepted.

Article L217-6
The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was legitimately not able to know them.

Article L217-7
Lack of conformity that appears within twenty-four months of delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
For second-hand goods sold, this period is set at six months.
The seller may fight this presumption if it is not compatible with the nature of the property or the lack of conformity invoked.

Article L217-8
THE Customer is entitled to demand the conformity of the good with the contract. It cannot, however, challenge compliance by invoking a defect that it knew or could not ignore when it contracted. The same is the same when the defect originated in the materials it supplied.

Article L217-9
In the event of a lack of conformity, the Customer chooses between the repair and replacement of the good.
However, the seller may not proceed according to the Customer's choice if this choice entails a cost that is manifestly disproportionate to the other modality, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless impossibility, according to the modality not chosen by the Customer.

Article L217-10
If the repair and replacement of the good is impossible, the Customer may return the good and have the price returned or keep the good and have part of the price returned.
The same option is open to him:
1 ° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the Customer's complaint;
2 ° Or if this solution can not be without major inconvenience for the latter given the nature of the property and the use he seeks.
However, the resolution of the sale cannot be pronounced if the lack of conformity is minor.

Article L217-11
The application of the provisions of Articles L. 217-9 and L. 217-10 takes place at no cost to the Customer.
These same provisions do not preclude the allocation of damages.

Article L217-12
The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.

Article L217-13
The provisions of this section do not deprive the Customer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature that is recognized by law.

Article L217-14
The action for recourse may be brought by the final seller against successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the Civil Code.
In the event of a lack of conformity of the Product, in particular due to an anomaly or error on the references delivered, the Customer may choose to return the Product to Gemology and obtain a refund.
The return costs will be reimbursed by Gemology at the request of the Customer.
For any complaint, the Customer may contact Gemology at the following address: communication@localhost.
Guarantee against hidden defects:

The Civil Code provides that:

Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects of the thing sold that make it unfit for the use for which it is intended, or that so diminish this use, that the Customer would not have acquired it, or would have given only a lower price, if he had known about them.

Article 1644 Civil Code: In the case of articles 1641 and 1643, the Customer has the choice to return the thing and have the price returned, or to keep the thing and have part of the price returned.

Article 1645 Civil Code: If the seller knew of the defects of the thing, he is bound, in addition to the restitution of the price he received, for all damages to the Customer.

Article 1646 Civil Code: If the seller was unaware of the defects of the thing, he will only be required to return the price, and to reimburse the buyer for the costs caused by the sale.

Article 1648 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. In the case of Article 1642-1, the action must be brought, barely foreclosure, within one year of the date on which the seller may be relieved of apparent defects or non-compliance.

As part of the legal guarantee of hidden defects, Gemology, according to the Customer's choice, undertakes, after assessment of the defect either:
• to reimburse him the full price of the Product concerned;

• to reimburse him part of the price of the Product if the Customer decides to keep it.

13. Mediation
The BUYER is informed of the possibility of resorting to consumer mediation for disputes that may arise about the sale of Gemology products.

In accordance with the ordinance of August 20, 2015 and the implementing decree of October 30, 2015, the BUYER may refer the matter to the CMAP – Centre de Médiation et d'Arbitrage de Paris – to settle amicably by mediation any dispute or so-called consumer dispute, subject to Article L612-2 of the Consumer Code.

Disputes for which the request is manifestly unfounded or abusive, or has been previously examined or is under examination by another mediator or by a court, or if the BUYER has submitted his request to the mediator within a period of more than one year from his written complaint to Gemology or if the dispute does not fall within the scope of jurisdiction may not be reviewed by the mediator. the mediator, or finally if the consumer does not justify having attempted, beforehand, to resolve his dispute directly with Gemology by a written complaint

To submit his dispute to the mediator, the BUYER can fill out the form on the CMAP website: www.mediateur-conso.cmap.fr, or send his request by simple or registered mail to the CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or send an email to consommation@cmap.fr.

14. Property Reserve

Gemology retains full ownership of the products sold until full receipt of the price, in principal, including fees and taxes.

15. Responsibilit
y Gemology cannot be held liable for the non-performance of the contract in the event of out of stock or unavailability of the product due to a case of force majeure, disruption or total or partial strike, in particular of postal services and means of transport and/or communications.
Gemology cannot be held responsible for any indirect damage that may occur as a result of the purchase of the products.

Gemology cannot be held responsible for any loss of data, files. It is the Buyer's responsibility to make all necessary backups.

The Gemology website also contains information from third parties and links to other websites. Gemology shall in no event be liable for any damages resulting from the use, access to, or inability to use such third-party information, or the content of other websites.

16. Force majeure

Neither party will have failed in its contractual obligations, insofar as their performance will be delayed, hindered or prevented by unforeseeable circumstances or force majeure. Any irresistible facts or circumstances, outside the parties, unpredictable, inevitable, independent of the will of the parties and which cannot be prevented by the parties, despite all efforts will be considered as fortuitous or force majeure. reasonably possible. The party affected by such circumstances will notify the other party within ten working days of becoming aware of them. The two parties will then come together, within one month, unless impossible due to the case of force majeure, to examine the impact of the event and agree on the conditions under which the execution of the sale will be continued. If the case of force majeure lasts longer than three months, these terms and conditions may be terminated by the aggrieved party. Expressly, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning; the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.

17. Partial invalidity

If one or more stipulations of these general conditions of sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope

18. Non-renouncement

The fact that one of the parties does not rely on a breach by the other party of any of the obligations referred to in these general conditions of sale cannot be interpreted for the future as a waiver of the obligation in question.

19. Applicable law and competent jurisdiction

Sales of Gemology products are subject to French law. Any dispute relating to the interpretation, execution or termination of the contract concluded between Gemology and the Buyer, even in the event of multiple defendants, will, in the absence of an amicable agreement, be the exclusive jurisdiction of a French court.

20. "Informatique et Libertés"

The information collected by Gemology during any order of the Buyer is necessary for the management of his order by Gemology and its commercial partners. In accordance with the law "Informatique et Libertés" n ° 78-17 of January 6, 1978, the Buyer has a right of access, rectification, opposition and deletion to data concerning him with Gemology.

In accordance with Article L.223-2 of the Consumer Code, the consumer has the possibility to subscribe to a list of opposition to telephone canvassing.

21. Personal
data Gemology respects your concerns regarding the protection of your privacy and personal data.

Your personal data is collected and processed by Gemology. In the context of online sales, the provision of some of your personal data is mandatory, this information being necessary for the processing and delivery of orders as well as for the establishment of invoices. This information is strictly confidential.

The lack of information implies the automatic rejection of the order. Some data may also be used to send you information and/or promotional offers on the brand's products.

In accordance with the provisions of the law "Informatique et Libertés" of 6 January 1978 as amended as well as Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, the User has a right of access to his data, information, opposition, rectification, limitation, portability and deletion of data concerning him.

The Buyer also has the right to formulate and communicate guidelines relating to the fate of his personal data after his death and to lodge a complaint with a competent authority. To exercise one or more of these rights, the Buyer must complete the Contact form available on the Site.