Terms and conditions of sale
Article 1. Purpose
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 a capital of 200,000 Euros
- Registered office: 33B rue de la République, 69002 Lyon, France
- Registered in the French Trade and Companies Register (Registre du Commerce & Companies under number 914545819
- Intra-Community VAT FR35914545819
- Telephone number: 04 72 61 00 97
Hereinafter referred to as "the Seller"
The consumer is understood, according to the provisions of the French Consumer Code, to be any natural person acting for purposes that are outside their commercial, industrial, craft, professional, or agricultural activity.
Any order placed on the Site is subject to acceptance of the General Terms and Conditions of Sale.
The purpose of these Terms and Conditions 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, only that clause shall be deemed unwritten, with all other provisions remaining unaffected.
The Seller reserves the right to modify its General Terms and Conditions of Sale by publishing new versions online.
The applicable version is the one in effect on the date of the order.
Article 2. Goods and Services
The Seller's business is the sale of jewelry (hereinafter referred to as the "Products") and offers these Products on its Website, subject to availability on the date of the order, as well as ancillary services (including resizing).
The Customer is required to consult the description sheet for each product to learn its characteristics.
The photographs and graphics reproduced, illustrating the Products on the Website, are provided for illustrative purposes only and are not non-contractual. Consequently, the Seller cannot be held liable for any errors or omissions in any of these photographs or graphics.
To place an Order, the Customer must follow the following steps:
1. Enter the Website address www.gemme-les-bijoux-com
2. Follow the Website's instructions, particularly the instructions for opening a customer account;
3. Complete the order form. In the event of prolonged inactivity while logging in, the selection of Goods and Services chosen by the Customer prior to this inactivity may no longer be guaranteed. The Customer is then invited to restart their selection of Goods and Services from the beginning;
4. Check the Order details and, if necessary, identify and correct any errors;
5. Confirm the Order, the Total Price, and the All-Inclusive Price (the "Order Confirmation");
6. Follow the online payment server's instructions to pay the All-Inclusive Price.
The Customer will then receive electronic confirmation of the Order's payment acceptance without delay.
The Customer will also receive electronic confirmation of receipt confirming the Order (the "Order Confirmation") without delay.
The Customer will receive electronic confirmation of the Order's shipment.
Delivery will take place to the delivery address provided by the Customer when placing the Order. When completing the various stages of the Order mentioned above, the Customer agrees to comply with these contractual conditions pursuant to Article 1366 of the French Civil Code.
The Seller undertakes to fulfill the Order only within the limits of available stocks of Goods. If the Goods are unavailable, the Seller undertakes to inform the Customer.
However, in accordance with Article L. 121-11 of the French Consumer Code, the Seller reserves the right to refuse the Order if it is abnormal, placed in bad faith, or for any other legitimate reason, and in particular, when there is a dispute with the Customer regarding 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 at the time of order confirmation.
They apply for the duration necessary to supply the Products, until the expiration of the warranties and obligations provided for herein.
Article 4. Prices and Delivery Costs
The prices applied are the prices indicated in euros per item or per service on the day the order is placed. After this date, they are subject to change at any time.
They include the statutory Value Added Tax in effect on the day of the order.
In the event of a promotion, the displayed price is only applicable for the duration of the corresponding promotion.
The prices offered do not include any delivery or additional charges, of which the Customer is informed before confirming their request.
Article 5. Estimated New Value
The prices of many items available online and in-store are supplemented by the estimated new value of the product. This display allows you to better assess the price advantage offered by our brand compared to a new product.
This advantage is between 30% and 60% of the estimated new value of the jewelry. This value, derived from our expertise, is calculated based on the cost of the material (fine metals and alloys, fine or precious stones) and the cost of the workmanship (manufacturing), according to current standards in the jewelry industry.
However, the valuation of antique jewelry can sometimes prove impossible given the evolution of cutting and manufacturing techniques.
Article 6 Payment Methods
The Customer may pay for their order by choosing one of the following methods:
- By Credit Card (CB, Visa, MasterCard, American Express) by entering their card details online;
The transaction is immediately debited from the Customer's bank card after verification of the card details, upon receipt of debit authorization from the issuing company of the bank card used by the Customer.
In accordance with Article L. 132-2 of the French Monetary and Financial Code, the payment commitment given by means of a payment card is irrevocable. By providing their credit card information, the Customer authorizes the Seller to debit their credit card for the amount corresponding to the All-Inclusive Price.
To this end, the Customer confirms that they are the holder of the credit card to be debited and that the name appearing on the credit card is indeed theirs. The Customer provides the sixteen digits and expiration date of their credit card, as well as, where applicable, the security code numbers.
In the event that the All-Inclusive Price cannot be debited, the Online Sale will be immediately terminated and the Order will be canceled.
The Seller implements all means to ensure the confidentiality and security of data transmitted on the Site.
The gem-les-bijoux.com website is protected by one of the most efficient security systems currently available and uses SSL encryption. Thus, only the bank has access to confidential information (card number, expiration date), which is inaccessible to third parties.
In the event of payment by credit card, the card will be debited immediately upon receipt of debit authorization from the company issuing the bank card used by the Customer.
The Seller reserves the right to cancel the order in the event of payment authorization refusal.
At no time does the gem-les-bijoux.com website record the banking information used at the time of payment by the customer.
- By PayPal: our website accepts payments via the PayPal payment platform.
- By bank transfer
Using our bank details below, instructing your bank to make the transfer. Your order will be processed as soon as possible after we receive your transfer from our bank.
Bank: 16807
ATM: 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 payment method, your jewelry will only be reserved and shipped after the funds have been received. Payment must be made within a maximum of 4 days from the date of the order. After this deadline, the order will be automatically canceled.
- By ALMA – Payment in 3 and 4x at no extra cost - from €600 to €5,000
• Alma's credit service is offered for the settlement of purchases and payment execution, provided that the person purchasing the good or service through Alma ("Buyer") accepts the payment in installments or deferred payment agreement.
• Fees may be charged by Alma.
• Any refusal to grant payment in installments or deferred payment by Alma may result in the lapse of the purchase contract for the good or service ("GTC"), unless the Buyer agrees to pay the purchase amount in cash.
• In the event of termination of the GTC, the payment in installments or deferred payment agreement will be terminated automatically.
• In the event of withdrawal from the payment in installments solution or If you use the deferred payment method used for your payment, the General Terms and Conditions will be automatically terminated, unless you pay the amount of your purchase in cash through Alma. If the product has already been shipped to you, you must return it within the maximum period stipulated in these General Terms and Conditions.
- By ALMA – Payment in 10x - from €600 to €5,000
• The credit is granted by Alma, a company with capital of €316,226.83, registered with the Nanterre Trade and Companies Register under number 839 100 757, and approved by the ACPR under number 90789 - Contact: support@getalma.eu. Gemme Digital is a credit indicator in accordance with provisions R.519-2, 1° of the French Monetary and Financial Code. Gemme Digital distributes advertisements sent by Alma regarding the granting of credit by Alma.
• The amount is partially paid by a credit granted by Alma SAS, a payment institution and financing company approved by the ACPR (French Consumer Protection Agency) under number 17408 - CIB code.
• In accordance with Article L.312-50 of the French Consumer Code, in the event of payment in installments, including the payment of a deposit, the buyer is provided with a receipt on paper or any other durable medium that serves as a receipt and includes a full reproduction of the following provisions (Articles L. 312-52, L. 312-53, and L. 341-10 of the French Consumer Code):
Article L312-52: The sales or service contract is automatically terminated, without compensation:
1° If the lender has not, in a seven days from the borrower's acceptance of the credit agreement, informed the seller of the credit being granted;
2° Or if the borrower has exercised his right of withdrawal within the period provided for in Article L. 312-19.
However, when the borrower, by express request, requests the immediate delivery or provision of the goods or the provision of services, the exercise of the right of withdrawal from the credit agreement shall only automatically terminate the sales or service contract if it occurs within three days from the borrower's acceptance of the credit agreement. The contract is not terminated if, before the expiry of the deadlines mentioned in this article, the buyer pays in cash.
• Article L312-53: In cases of termination of the sales contract or service provision contract provided for in Article L. 312-52, the seller or service provider shall reimburse, upon request, any amount that the buyer may have paid in advance of the price.
• Article L341-10: In cases of termination of the sales contract or service provision contract provided for in Article L. 312-53, from the eighth day following the request for reimbursement of any amount paid in advance by the buyer, this amount shall automatically accrue interest at the legal interest rate increased by half.
Alma website complaints page: https://help.almapay.com/
Article 7. Order Delivery
7.1. Delivery Method
The Customer chooses one of the delivery methods offered on the Site when finalizing their order, either by Colissimo or UPS.
7.2. Delivery Address
The Customer may have the ordered Products delivered to the address of their choice. The Customer is solely responsible for any delivery failure due to a lack of information when placing the Order.
The Customer must ensure the accuracy of the address provided.
Products ordered on the Site are delivered to mainland France, the overseas departments and territories (DOM-TOM), as well as to the following countries: Germany, Austria, Belgium, the Netherlands, Luxembourg, Ireland, Spain, Portugal, Sweden, Denmark, Norway, and Switzerland.
7.3. Delivery Charges
The amount of the Delivery Charges depends on the amount of the Order and the delivery method chosen by the Customer. In any event, the amount of the Delivery Charges is indicated to the Customer before the Order is confirmed.
7.4. Delivery Times
For France, standard delivery times are as follows:
- By Colissimo: 2 to 3 business days
- By UPS: 1 to 2 business days
Delivery times shown start from the date the package is handed over to the carrier. Order preparation time is on average 1 business day.
Please note that if the product is customized (customized), an additional one to ten days should be expected. A specific communication will be sent to you individually regarding this, if applicable.
The delivery times indicated when the order is placed are for guidance only and are not guaranteed.
For the French Overseas Territories, the approximate delivery times are as follows:
- Guadeloupe, Martinique, Réunion, and French Guiana: 5 working days, by Colissimo
- Tahiti, French Polynesia, and New Caledonia: 7 working days, by Colissimo
For international orders, the approximate delivery times provided by UPS are as follows: Germany, Austria, Belgium, the Netherlands, Luxembourg, Ireland, Spain, Portugal, Sweden, Denmark, Norway, and Switzerland: 1 to 2 working days (in 95% of cases)
In the event of a delivery delay, the order will not be processed. Cancelled.
The Seller will inform the Customer by email that Delivery will be delayed. The Customer may then decide to cancel the Order and will send the Seller an email to web@bijoux-gemme.com to cancel the Order.
If the Order has not yet been shipped when the Seller receives the Customer's cancellation notice, Delivery will be blocked and the Customer will be reimbursed for any amounts debited within fourteen days of receiving the cancellation notice. If the Order has already been shipped when the Seller receives the Customer's cancellation notice, the Customer may still cancel the Order by refusing the package. The Seller will then refund the amounts debited and the return costs incurred by the Customer within fourteen days of receiving the returned refused package, complete and in its original condition.
For all orders to a country other than France, as well as to the French Overseas 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 fees and amounts are not the responsibility of the Seller. They will be entirely the responsibility of the Customer, both in terms of declarations and payments to the competent authorities or organizations. We advise our customers to check with the competent authorities in their country.
7.5 Click and Collect
The Gemme-les-bijoux.com website offers in-store pickup of your order (click and collect service).
The terms of sale are governed by the rules of Distance Selling, as for a traditional online purchase, with home delivery.
The withdrawal period is 15 days from the date of in-store pickup of the order. The return procedure is the same as for orders delivered to your home.
You can nevertheless return your jewelry to the store within the specified time frame, with the invoice and proof of identity.
7.6. Order Receipt
Upon delivery, the Customer is required to check the condition of the packaging and ensure that the product received complies with the order placed.
In the event of product non-compliance or damaged packaging upon delivery, the Customer must report any reservations or complaints they deem necessary and contact the Seller's customer service within 48 hours of delivery.
The Customer may be required to return any non-compliant or damaged product.
In the absence of a complaint within 7 days of delivery, subject to the provisions regarding the right of withdrawal and legal warranties, the order is deemed to be in conformity.
7.7. Transfer of Ownership – Transfer of Risks
The transfer of ownership of the products to the Customer only occurs upon full payment of the price.
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
The Customer has, in accordance with the provisions of Article L222-7 of the French Consumer Code, a period of fifteen (15) days after receipt of the order to exercise their right of withdrawal and return the product(s).
The products must be returned complete 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 Gemme-Les-Bijoux.com of their decision to withdraw before the expiry of the given period, by contact form or by sending an email to the following address: web@bijoux-gemme.com.
Gemme-lesbijoux.com's customer service will confirm the return authorization by email, including a shipping receipt, allowing the customer to arrange the return of their item free of charge to the Gemme-les-bijoux.com headquarters.
In the event of a personalized modification of the jewelry (ring resizing), the buyer is informed that they will not be able to exercise their right of withdrawal and will not be reimbursed.
Effects of Withdrawal
In the event the right of withdrawal is exercised, the Seller will 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 of the purchase. from the day the Seller is informed of the Customer's decision to withdraw, provided that the ordered item has been received under the conditions described in Article 8.
The Seller will refund using the same payment method that the Customer used for the initial order.
The Customer must return or return the item without undue delay and, in any event, no later than fourteen (14) days (the same period as the one you granted for the withdrawal period) after the Customer has communicated their decision to withdraw.
Article 9. After-Sales Service
The after-sales service at gemme-les-bijoux.com is available Monday to Friday, from 9:30 a.m. to 12:00 p.m. and from 1:30 p.m. to 5:00 p.m. (excluding public holidays)
Gemme Digital - 33 B rue de la République, - CS 50466 - 69289 LYON CEDEX 02 Tel. : 04 72 61 00 97
Email: web@bijoux-gemme.com
Article 10. Warranties
Gemme-Les-Bijoux.com is required to deliver goods that conform to the sales contract and is liable for any lack of conformity existing at the time of delivery. The consumer is also liable for defects in conformity resulting from packaging, assembly instructions, or installation when this was the responsibility of the consumer under the contract or was carried out under the consumer's responsibility.
To comply with the contract, the goods must:
1° Be fit for the use normally 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;
- Present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;
2° Or present the characteristics mutually agreed upon by the parties or be fit for any special use sought by the buyer, brought to the seller's attention and accepted by the seller.
When the consumer claims under warranty legal guarantee of conformity, he/she:
- has a period of 1 year from delivery of the goods to take action;
- for goods sold second-hand, defects of conformity that appear within 1 year of delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise;
- may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code;
- is exempt from providing proof of the existence of the lack of conformity of the goods during the 12 months following delivery of the goods (second-hand goods). For new jewelry, this period is 24 months.
The legal guarantee of conformity applies independently of any commercial warranty that may have been granted.
The consumer may decide to enforce the warranty against hidden defects in the item sold, as defined in Article 1641 of the Civil Code. In this case, the consumer may choose between canceling the sale or reducing the sale price in accordance with Article 1644 of the Civil Code. The consumer has two years to act from the discovery of the defect.
The buyer may submit their 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
Email: web@bijoux-gemme.com
In the event of a lack of conformity, the buyer may choose between repair and replacement of the goods. However, Gemme-Les-Bijoux.com may not respect this choice if it results in a cost that is clearly disproportionate to the other option, given the value of the goods or the extent of the defect. If repair and replacement of the goods are impossible, the buyer may return the goods and receive a refund, or keep the goods and receive a partial refund. The same option is available to him if the replacement or repair cannot be implemented within one month following the buyer's complaint, or if this solution cannot be implemented without major inconvenience for the buyer given the nature of the goods and the use he is seeking. However, the sale cannot be cancelled if the lack of conformity is minor. Repair or replacement is free of charge to the buyer.
Article 11. Intellectual Property
All elements and Products appearing on the Site gemme-les-bijoux.com, including the graphic charter, domain names, texts, comments, photos, videos, trademarks, graphics, concepts, illustrations, images, and any other distinctive signs are protected by current intellectual property and copyright legislation, 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 express prior consent of the Seller, is strictly prohibited.
Article 12. Force Majeure
The Seller shall not be liable for the total or partial non-performance of its obligations under this contract if it 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 court case law, including, in particular, total or partial strikes of postal services and means of transport and/or communications.
The Seller shall notify the Customer of the occurrence of such a case of force majeure within 10 days from the date of occurrence of the event. When the suspension of the Seller's performance of its obligations continues for a period exceeding 30 days, the Customer may cancel the current Order, and the Seller will then issue a refund.
Article 13. Applicable Law
These General Terms and Conditions of Sale are subject to French law.
In the event of difficulty in the application of this contract, the Customer may, before taking any legal action, seek an amicable solution, in particular with the assistance of a consumer association or a professional organization in the sector, or any other advisor of their choice.
Any dispute relating to the interpretation or execution of the General Terms and Conditions or an Order will be judged in accordance with French law and will fall under the jurisdiction of the Court of the registered office of Lyon.
Article 14. Dispute Resolution – Mediator
In accordance with the provisions of the French Consumer Code Regarding the amicable settlement of disputes, every consumer has the right to use a consumer mediator free of charge to resolve their dispute amicably with a professional.
Disputes falling within the scope of Article L. 612-1 of the French Consumer Code are those defined in Article L. 611-1 of the French Consumer Code, namely contractual disputes relating to the execution of a sales or service contract between a consumer and a professional.
If you encounter any difficulties, we invite you to contact us first.
The mediator's contact details are below:
Consumer Mediation Center of Justice Conciliators (CM2C)
CM2C 49 rue de Ponthieu, 75008 Paris
Tel: +33 1 89 47 00 14
www.cm2c.net/comment-nous-saisir.php
Conditions of Admissibility
A dispute cannot be examined by the consumer mediator when:
1° The consumer cannot prove that they have previously attempted to resolve their dispute directly with the Seller, through a written complaint;
2° The request is manifestly unfounded or abusive;
3° The dispute has previously been examined or is currently being examined before another mediator or a court:
4° The consumer submitted their request to the mediator more than one year after submitting their written complaint to the Seller.
5° The dispute does not enter into not within its scope of jurisdiction. The consumer will be informed by the mediator, within three weeks of receiving their file, of the rejection of their mediation request.
Article 15. Combating Money Laundering and the Financing of Terrorism
Since 2023, Gemme Jewelry has been subject to AML/CFT regulations.
Therefore, for any transaction over €10,000, Gemme Digital is required to request a valid ID document from the buyer.
Furthermore, for any transaction carried out on the website www.gemme-les-bijoux.com, Gemme Digital reserves the right to ask the customer if they are a Politically Exposed Person (PEP).