Terms and conditions of sale
Article 1. Subject
These General Terms and Conditions of Sale apply to all orders placed by a consumer (hereinafter referred to as the "Customer") for products offered on the website gemme-les-bijoux.com (hereinafter the "Site") by :
GEMME DIGITAL
- SAS with capital of €200,000
- head office: 33B rue de la République, 69002 Lyon, France
- registered with the Registre du Commerce & des Sociétés de under no. 914545819
- Intracommunity VAT FR35914545819
- telephone number : 04 72 61 00 97
Hereinafter referred to as "the Seller"
Under the terms of the French Consumer Code, a consumer is defined as any natural person who is acting for purposes that are not part of his or her commercial, industrial, craft, liberal or agricultural activity.
All orders placed on the Site are subject to acceptance of the General Terms and Conditions of Sale.
Their purpose is to define the rights and obligations of the parties to the contract. If any clause of the General Terms and Conditions of Sale is found to be invalid for any reason whatsoever, that clause alone shall be deemed to be unwritten, all other provisions being maintained.
The Seller reserves the right to modify its General Terms and Conditions of Sale by publishing new versions online.
The applicable version is that in force on the day of the order.
Article 2. Goods and services
The Vendor's business is the sale of jewellery (hereinafter referred to as the "Products") and offers to sell these Products on its Site, subject to availability on the day of the order, as well as ancillary services (in particular sizing).
The Customer must consult the description of each product to find out its characteristics.
The photographs and graphics reproduced on the Site to illustrate the Products are provided for illustrative purposes only and are not contractually binding. Consequently, the Seller may not be held liable in the event of an error or omission in one of these photographs or graphics.
To complete the Order, the Customer must complete the following steps:
1. Enter the site address www.gemmevintagejewelry.com
2. Follow the instructions on the Site and, in particular, the instructions required to open a customer account ;
3. Fill in the order form. In the event of prolonged inactivity during the connection, it is possible that the selection of Goods and Services chosen by the Customer prior to this inactivity will no longer be guaranteed. In this case, the Customer is invited to restart his/her selection of Goods and Services from the beginning ;
4. Check the details of the Order and, if necessary, identify and correct any errors ;
5. Validate the Order, the Total Price and the All-Inclusive Price (the "Order Validation") ;
6. Follow the instructions on the online payment server to pay the All-Inclusive Price.
The Customer shall then receive immediate electronic confirmation of acceptance of payment for the Order.
The Customer shall also receive, electronically and without delay, an acknowledgement of receipt confirming the Order (the "Order Confirmation").
The Customer shall receive electronic confirmation that the Order has been dispatched.
Delivery will be made to the delivery address indicated by the Customer when the Order was placed. During the various stages of the Order referred to above, the Customer undertakes to comply with these contractual terms and conditions in application of article 1366 of the French Civil Code.
The Vendor undertakes to fulfil the Order only within the limits of available stocks of the Goods. If the Goods are not available, the Vendor undertakes to inform the Customer accordingly.
However, in accordance with article L. 121-11 of the French Consumer Code, the Vendor reserves the right to refuse the Order if it is abnormal, placed in bad faith or for any other legitimate reason, and in particular if there is a dispute with the Customer concerning the payment of a previous order.
Article 3. Duration
These General Terms and Conditions of Sale are deemed to have been accepted by the Customer when validating his/her order.
They apply for the duration necessary for the supply of the Products, until the expiry of the guarantees and obligations provided for herein.
Article 4. Prices and delivery charges
The prices applied are the prices indicated in euros per item or per service on the day of the order. After this date, they may be modified at any time.
They include the statutory Value Added Tax in force on the day of the order.
In the event of a promotion, the price displayed is only applicable for the duration of the corresponding promotion.
The prices quoted do not take into account any delivery charges or additional costs, of which the Customer is informed prior to confirmation of the order.
Article 5. Estimated New Value
The prices of a large number of items available online and in shop are supplemented by the estimated new value of the product. This display enables you to better assess the price advantage offered by our brand, compared with a new product.
This advantage is between 30% and 60% of the estimated new value of the jewellery. This value, based on our expertise, is calculated according to the cost of materials (metals and fine alloys, fine or precious stones) and the cost of manufacturing, according to current references in the world of jewellery.
However, antique jewellery can sometimes be impossible to estimate due to changes in cutting and manufacturing techniques.
Article 6 Terms of payment
The Customer may choose one of the following methods to pay for their order:
- By credit card (CB, Visa, MasterCard, American Express) by entering card details online ;
The transaction is immediately debited from the Customer's bank card after verification of the Customer's card details, on receipt of debit authorisation from the company issuing the bank card used by the Customer.
In accordance with article L. 132-2 of the French Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By providing his/her bank card details, the Customer authorises the Vendor to debit his/her bank card for the amount corresponding to the All-Inclusive Price.
To this end, the Customer confirms that he/she is the holder of the bank card to be debited and that the name appearing on the bank card is indeed his/her own. The Customer must provide the sixteen digits and expiry date of their credit card and, where applicable, the visual cryptogram numbers.
Should it prove impossible to debit the All-Inclusive Price, the Online Sale shall be immediately terminated and the Order cancelled.
The Seller makes every effort to ensure the confidentiality and security of data transmitted on the Site.
The gemme-les-bijoux.com website is subject to one of the most effective security systems available today and uses the SSL encryption process. This means that only the bank has access to confidential information (card number, date of validity) which is inaccessible to third parties.
In the event of a payment by credit card, it will be debited immediately on receipt of debit authorisation from the company issuing the credit card used by the Customer.
The Vendor reserves the right to cancel the order in the event that payment authorization is refused.
At no time does the gemme-les-bijoux.com site record the banking information used at the time of payment by the client.
- By Paypal our site accepts payments via the Paypal payment platform
- By bank transfer
Using our bank details below and instructing your bank to make the transfer. Your order will be processed as soon as possible after our bank has received your transfer.
Bank details : 16807
Box office: 00544
Account 371 998 732 18
Key : 19
IBAN FR76 1680 7005 4437 1998 7321 819
Direct debit BPAURA ENT VILLEURBANNE
BIC CCBPFRPPGRE
Please note that with this method of payment, your jewellery will only be reserved and dispatched once the funds have been received. Payment must be made within a maximum of 4 days of the order date. After this time, the order will be automatically cancelled.
- By Oney - Payment in 3 or 4 instalments free of charge
Our partner Oney Bank offers you a financing solution called 3x 4x Oney, which allows you to pay for your purchases from €600 to €3000 in 3 or 4 instalments using your bank card.
Conditions: Offer reserved for individuals residing in mainland France (individuals acting for professional purposes are expressly excluded) and holding a CB, Visa or Mastercard bank card issued by a French bank, excluding systematic authorisation cards.
How to subscribe: Once you have completed your order, simply click on the "Pay in 3x 4x Oney by credit card" button.
You will then be redirected to our partner's 3x 4x Oney web page, where you will find a detailed summary of your order and your personalised finance application, which you must then validate. Enter your personal details or, if you have a 3x 4x Oney account, log in using the login details for your 3x 4x Oney account.
You have read the general terms and conditions of payment in instalments to which you wish to subscribe, which are provided to you in PDF format so that you can read, print and save them before accepting them.
You then notify your electronic acceptance by ticking the corresponding box. You acknowledge that the "double click" associated with the tick box on the acknowledgement of the general terms and conditions constitutes consent to contract and irrevocable and unreserved acceptance of the general terms and conditions of the product. In the absence of proof to the contrary, the data recorded by Oney Bank constitutes proof of all transactions between you and Oney Bank.
If you ask to benefit from a financing solution offered by Oney Bank, the information relating to your order will be transmitted to Oney Bank, which will use it to study your request for the purposes of granting, managing and collecting credit. Oney Bank reserves the right to accept or refuse your request for 3x 4x Oney financing. You have 14 days in which to withdraw from your loan.
How does it work? Payment in 3 or 4 instalments by credit card allows you to pay for your order on our website as follows:
- a mandatory contribution, debited on the day of confirmation of dispatch of your order, corresponding to one third or one quarter of the order
- two or three monthly instalments, each corresponding to a third or a quarter of the order, debited 30 and 60 days later for the 3 instalments and 30, 60 and 90 days later for the 4 instalments.
- Payment in 3 instalments from €600 up to €3000
Example: For a purchase of €600, deposit of €200 then 2 monthly payments of €200. Loan for 2 months at a fixed APR of 0%. Cost of financing: €0 up to a maximum of €10.
- Payment in 4 instalments from €600 up to €3000
Example: For a purchase of €600, deposit of €150 then 3 monthly payments of €150. Loan for 2 months at a fixed APR of 0%. Cost of financing: €0 up to a maximum of €10.
Oney Bank - SA with capital of €51,286,585 - Registered office: 34 avenue de Flandre 59170 CROIX - RCS Lille Métropole 546 380 197 - Orias no.: 07 023 261 - www.orias.fr - Correspondence: CS 60006 - 59 895 Lille Cedex 9 - France www.oney.fr
Article 7. Delivery of the order
7.1. Delivery method
The Customer chooses one of the delivery methods offered on the Site when finalising their order, either by Colissimo or by UPS.
7.2. Delivery address
The Customer may have the Products ordered delivered to the address of his/her choice. The Customer shall be solely liable for any failure to deliver due to a lack of information when placing the Order.
The Customer must ensure that the address given is correct.
Products ordered on the Site are delivered in mainland France, French overseas departments and territories (DOM-TOM) and the following countries: Germany, Austria, Belgium, Netherlands, Luxembourg, United Kingdom, Ireland, Spain, Portugal, Sweden, Denmark, Norway, Switzerland.
7.3. Delivery charges
The amount of the Delivery Costs depends on the value of the Order and the delivery method chosen by the Customer. In any event, the amount of the Delivery Costs shall be indicated to the Customer before the Order is validated
7.4. Delivery times
Standard delivery times for France are as follows:
- By Colissimo: 2 to 3 working days
- By UPS: 1 to 2 working days
The delivery times shown run from the date on which the parcel is handed over to the carrier. Order preparation takes an average of 1 working day.
Please note that in the case of personalisation of the product (sizing), an additional period of one week to 10 days is to be expected. A specific communication will be sent to you individually on this subject if necessary.
The delivery times indicated when the order is placed are given as an indication only and are not guaranteed.
For French overseas departments and territories, the indicative delivery times are as follows:
- Guadeloupe, Martinique, Réunion, French Guiana: 5 working days, by Colissimo
- Tahiti, French Polynesia and New Caledonia: 7 working days, by Colissimo
For international deliveries, the indicative delivery times provided by UPS are as follows: Germany, Austria, Belgium, Netherlands, Luxembourg, United Kingdom, Ireland, Spain, Portugal, Sweden, Denmark, Norway, Switzerland: 1 to 2 working days (in 95% of cases)
In the event of late delivery, the Order will not be cancelled.
The Vendor shall inform the Customer by e-mail that Delivery will be delayed. The Customer may then decide to cancel the Order and shall send the Vendor an e-mail to the following address web@bijoux-gemme.com a notice of cancellation of the Order.
If the Order has not yet been dispatched when the Vendor receives the Customer's cancellation notice, Delivery shall be blocked and the Customer shall be reimbursed for any sums debited within a period of fourteen days following receipt of the cancellation notice. If the Order has already been dispatched when the Seller receives the Customer's cancellation notice, the Customer may still cancel the Order by refusing the parcel. The Vendor shall then reimburse the sums debited and the return costs paid by the Customer within fourteen days of receipt of the return of the refused package, complete and in its original condition.
For all orders to countries other than France, as well as for French overseas departments and territories, the Customer is the importer of the product(s) ordered. Customs duties, other local taxes, import duties or state taxes may be payable. These duties and sums are not the responsibility of the Vendor. They will be entirely the responsibility of the Customer, both in terms of declarations and payments to the competent authorities or bodies. We advise our customers to check with the competent authorities in their country.
7.5 Click and Collect
The website www.gemmevintagejewelry.com offers in-store collection of your order ("click and collect" service).
The conditions of sale are governed by the rules of distance selling, as for a traditional Internet purchase, with home delivery.
The withdrawal period is 15 days from the date of collection of the order in the shop. The returns procedure in force is identical to that for home-delivered orders.
However, you can return your jewellery to the shop within the time limit, provided you have the invoice and proof of identity.
7.6. Receipt of order
On delivery, the Customer must check the condition of the packaging and the conformity of the product received with the order placed.
In the event of non-conformity of the product or in the event of a damaged parcel on delivery, the Customer must report any reservations and claims that he/she considers necessary and contact the Vendor's customer service department within 48 hours of delivery.
The Customer may be required to return the non-conforming or damaged product.
In the absence of a complaint within 7 days of delivery, subject to the provisions relating to the right of withdrawal and legal guarantees, the order is deemed to be compliant.
7.7. Transfer of ownership - Transfer of risks
Ownership of the products is not transferred to the Customer until the price has been paid in full.
The risks of loss and damage to the Products ordered are transferred to the Customer when they take physical possession of them.
Article 8. Right of withdrawal
In accordance with the provisions of article L222-7 of the French Consumer Code, the Customer has a period of fifteen (15) days following receipt of the order to exercise his/her right of withdrawal and return the product(s).
Products must be returned in their original packaging with a copy of the invoice.
Products returned incomplete, damaged or soiled by the Customer will not be accepted.
Exercising the right of withdrawal the buyer must notify www.gemmevintagejewelry.com its decision to withdraw before the expiry of the time limit, by contact form or to the following e-mail address web@bijoux-gemme.com.
Customer service at gemme-lesbijoux.com will confirm the return authorisation by email, including a transport voucher, enabling the customer to organise the return of the item to the headquarters of Gemme-les-bijoux.com.
In the event of a personalised modification of the jewel (ring size), the buyer is informed that he/she will not be able to exercise his/her right of withdrawal and will not be reimbursed.
Effects of withdrawal
In the event that the right of withdrawal is exercised, the Vendor shall reimburse the Customer for all payments received from the Customer, including delivery costs, without undue delay and, in any event, no later than fourteen (14) days from the date on which the Vendor is informed of the Customer's decision to withdraw, provided that the item ordered has been received in accordance with the conditions described in Article 8.
The Vendor will make the refund using the same means of payment that the Customer used for the initial order.
The Customer must return the goods without undue delay and, in any event, no later than fourteen (14) days (the same period you have allowed for the withdrawal period) after the Customer has communicated his/her decision to withdraw.
Article 9. After-sales service
The after-sales service of gemme-les-bijoux.com is at your disposal from Monday to Friday, 9.30am to 12pm and 1.30pm to 5pm (excluding public holidays)
Gemme Digital - 33 B rue de la République, - CS 50466 - 69289 LYON CEDEX 02 Tel: 04 72 61 00 97
E-mail : web@bijoux-gemme.com
Article 10. guarantees
Gemme-Les-Bijoux.com is obliged to deliver goods that conform to the sales contract and is liable for any lack of conformity at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was his responsibility under the contract or was carried out under his responsibility.
To conform to the contract, the goods must :
1° Be fit for the use ordinarily expected of similar goods and, where applicable :
- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model ;
- have the qualities that a purchaser may legitimately expect having regard to the public statements made by the seller, the producer or his representative, particularly in advertising or labelling ;
2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Where the consumer brings an action under the legal guarantee of conformity, he :
- has a period of 1 year from delivery of the goods in which to take action ;
- for goods sold second-hand, any lack of conformity that appears within 1 year of delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise ;
- may choose between repairing or replacing the good, subject to the cost conditions set out in Article L. 217-9 of the French Consumer Code ;
- is exempt from proving the existence of a lack of conformity in the goods during the 12 months following delivery of the goods (second-hand goods). For new jewellery, this period is 24 months.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
The consumer may decide to invoke the guarantee against latent defects in the item sold under article 1641 of the French Civil Code. In this case, the consumer may choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the Civil Code. The consumer has two years to take action from the date of discovery of the defect.
The buyer may make a request to the after-sales service:
Gemme Digital - 33 B Rue de la République - CS 50466 - 69289 LYON CEDEX 02
Tel.: 04 72 61 00 97
E-mail : web@bijoux-gemme.com
In the event of a lack of conformity, the buyer may choose between repairing or replacing the goods. However, the buyer may choose between repair and replacement, www.gemmevintagejewelry.com may not respect this choice if it would result in a cost that is clearly disproportionate to the alternative, taking into account the value of the goods or the significance of the defect. If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded, or keep the goods and have part of the price refunded. The same option is available if replacement or repair cannot be carried out within one month of the buyer's complaint, or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the goods and their intended use. However, the sale may not be rescinded if the lack of conformity is minor. Repair or replacement is free of charge for the buyer.
Article 11. Intellectual property rights
All elements and Products appearing on the www.gemmevintagejewelry.com Website, including the graphic charter, domain names, texts, comments, photos, videos, brands, graphics, concept, illustration, image and any other distinctive sign are protected by current legislation on intellectual property and copyright, for which the Seller holds the rights.
Any total or partial reproduction, modification or use of the Site or its content, for any reason and on any medium whatsoever, without the Vendor's express prior consent, is strictly prohibited.
Article 12. Force majeure
The Seller shall not be liable for the total or partial non-performance of its obligations under the terms of this contract if such non-performance results either from the Customer, or from an unforeseeable and insurmountable act of a third party to the contract, or from a case of force majeure as defined by the case law of the courts, including in particular total or partial strikes, in particular of the postal services and means of transport and/or communications.
The Vendor will notify the Customer of the occurrence of such a case of force majeure within 10 days of the date on which the event occurs. If the Vendor's obligations are suspended for a period in excess of 30 days, the Customer may cancel the Order in progress and the Vendor shall then refund the Customer.
Article 13. Applicable law
These General Terms and Conditions of Sale are governed by French law.
In the event of any difficulty in the application of this contract, the Customer may, before taking any legal action, seek an amicable solution, in particular with the help of a consumer association or a professional organisation in the sector, or any other advisor of their choice.
Any dispute relating to the interpretation or performance of the GCS or of an Order shall be judged in accordance with French law and shall fall within the jurisdiction of the Court of the registered office in Lyon
Article 14. Settlement of disputes - Mediator
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, any consumer has the right to resort to a consumer mediator with a view to the amicable settlement of a dispute between him/her and a professional, free of charge.
Disputes falling within the scope of article L. 612-1 of the Consumer Code are those defined in article L. 611-1 of the Consumer Code, i.e. disputes of a contractual nature, relating to the performance of a contract for the sale or supply of services, between a consumer and a professional.
If you have any problems, please contact us beforehand.
You can find the contact details of the ombudsman below:
Centre for Consumer Mediation of Justice Conciliators (CM2C)
CM2C 49 rue de Ponthieu, 75008 Paris
Tel : 01 89 47 00 14
www.cm2c.net/comment-nous-saisir.php
Conditions of admissibility
A dispute cannot be examined by the Consumer Ombudsman if :
1° The consumer does not prove that he has previously tried to resolve his dispute directly with the Vendor, by means of a written complaint ;
2° The request is manifestly unfounded or abusive ;
3° The dispute has been previously examined or is currently being examined before another mediator or a court:
4° The consumer made his request to the mediator more than one year after his written complaint to the Vendor.
5° The dispute does not fall within the mediator's remit. The consumer is informed by the mediator, within three weeks of receipt of the file, of the rejection of the request for mediation.
Article 15. Combating Money Laundering and the Financing of Terrorism
Since 2023, Gemme Jewellers has been subject to LCB-FT regulations.
As a result, for any transaction over €10,000, Gemme Digital is obliged to ask the buyer for a valid form of identification with both sides of the front cover.
In addition, for all transactions carried out on the www.gemmevintagejewelry.com, Gemme Digital reserves the right to ask the customer whether he or she is a Politically Exposed Person (PEP).