General terms and conditions of sale

1.Purpose

The purpose of the present general conditions of sale is, on the one hand, to inform any potential consumer of the terms and conditions under which the seller proceeds with the sale and delivery of ordered products 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 reservation, to all sales by Gemology of products and services offered on its website gemology.com

Consequently, the act of ordering a product or service offered for sale on the Gemology website, gemology.com, implies full and complete acceptance of the present terms and conditions of sale, which the Purchaser acknowledges having read prior to placing his/her order.

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

Prior to placing an order, the Purchaser declares that:
- the purchase of products on the Gemology website, gemology.com, is not directly related to his/her professional activity and is limited to strictly personal use;
- he/she has full legal capacity, allowing him/her to commit to the present general sales conditions.

Gemology reserves the right to modify these terms and 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 au Capital de 596 722€
N° de TVA intracommunautaire : FR41454012907

3. access to the site

The Buyer is personally responsible for setting up the computer and telecommunication resources required to access the Gemology gemology.com website.

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

4. formation of the contract and orders

4.1. Rates

The sale prices of products on the Gemology gemology.com website, indicated in Euros, are those in effect at the time of registration of the order form by the Purchaser.

They do not include shipping costs, which are charged 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 the 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 products sold by Gemology on its website gemology.com

Gemology may modify the sale prices of products at any time. The Buyer will be informed of this modification before placing an order.

4.2 Product characteristics

In accordance with Article L. 111-1 of the Consumer Code, the Purchaser may, prior to placing an order, review the essential characteristics of the product(s) he or she wishes to order on the Gemology gemology.com website.

The Purchaser selects one or more products from the different categories offered on the Gemology website, gemology.com. For products not stocked in its warehouses, the offers presented by Gemology are valid subject to availability from its suppliers.
Gemology reserves the right to modify the product assortment, particularly in light of constraints related to its suppliers.

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

In the event that a supplier modifies a product, the graphic representation of the product shall not engage the responsibility of the seller nor affect the validity of the sale.

4.3. Command

Any order implies unconditional acceptance of these terms and conditions of sale.

In order 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 with full knowledge of the facts and without reservation the present general conditions of sale, the prices, volumes and quantities of the products offered for sale and ordered.

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

The sale will not be considered final until Gemology has sent the Purchaser confirmation of the order and has received payment in full.
Gemology recommends that the Purchaser keep this information on a paper or computer document.

The computerized registers, kept in Gemology's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as proof.

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

5.payment

The payment must be made at the time of the order by the Buyer. At no time, the paid sums could be considered as deposits or installments.

All orders are payable in Euros.

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

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

The Purchaser guarantees Gemology that he/she has the necessary authorizations to use the method of payment he/she has chosen when the order form is registered.
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 amount due by the Purchaser or in the event of a payment incident.

Penalties of an amount equal to the legal interest rate increased by 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, notwithstanding the provisions herein.
Gemology reserves the right to request a photocopy of the Buyer's identity card for any payment by credit card. For amounts exceeding 400 euros (including tax), Gemology reserves the right to request a certified photocopy of an identity document

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

Only bank cards issued by a banking institution 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/her credit card.

Gemology uses a secure payment tool: PAYBOX's secure payment terminal. Payment security is based on the authentication of the merchant, i.e. Gemology, and on the confidentiality of all data. To ensure this security, the PAYBOX secure payment terminal uses proven cryptographic techniques and complies with various banking regulations.

6. product selection

The Purchaser, having familiarized himself/herself with the products and their characteristics marketed by Gemology, has, under his/her sole responsibility and according to his/her needs as previously determined before placing any order, chosen the product(s) that are the subject of his/her order. In addition, the Buyer, knowing only the products he or she owns and uses, is the sole judge of the compatibility of the products ordered with those he or she uses.

It is the sole responsibility of the Buyer, if he/she does not consider himself/herself sufficiently competent, to seek the assistance of a counsel.

7. delivery and reception

7.1. General rules

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

By default, invoices are sent to the email address indicated by the Customer during registration.

If the procedures set forth below are not followed, no claim by the Buyer will be accepted.

7.2. Characteristics of the system Colissimo Suivi de la POSTE

The Buyer or the recipient of the parcel is delivered to his home or to the address of his choice (office, ...) by the Post Office and signs a delivery note acknowledging receipt. In case of absence, the purchaser or the recipient of the parcel receives a Review of passage of his factor, which enables him to withdraw the parcel to the nearest post office, during a fifteen days deadline.

In the event that the Buyer has any doubt whatsoever about the condition or content of the package, he/she must:
- apply the Colissimo procedure (in particular, report any damage due, any claims and reservations) and refuse the merchandise by immediately issuing an anomaly report to the Post Office employee (report 170).
- report these incidents to Gemology by email at communication@localhost

7.3 Deadlines

The delivery times, following validation of your order, are as follows:
- Colissimo Suivi: 3 to 5 working days for France
- Colissimo Expert Outre-Mer: 5 to 7 working days for the Overseas
- Colissimo Expert International: 4 to 8 working days for the International
- These times are communicated for information only.

Any overrun shall 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 of thirty days from the day following that on which the Buyer has registered his order, subject to full payment of the price.

If the goods are not delivered by 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 in relation to the date initially set, the Purchaser must notify Gemology in writing (letter, fax, e-mail) in order to improve the quality of service that may be offered to the Purchaser and to allow Gemology to proceed with an investigation with the carrier.

An investigation with the carrier may take up to 21 working days. If during this period, the product is found, it will be immediately redirected to the place of delivery designated in the order form.

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

In the event that the product ordered is no longer available, the provisions of Article 8 will apply. In case of exchange of product, the expenses of delivery will be chargeable to the consumer.

We decline any responsibility as for the lengthening of the delivery periods because of the conveyor, in particular in the event of loss of the products or strike.

8. delivery problems due to the carrier

Any anomaly concerning the delivery (damage, missing product compared to the delivery order, damaged package, broken products ...) must be indicated on the delivery order in the form of "handwritten reserves", accompanied by the signature of the customer. The consumer will have in parallel to confirm this anomaly by addressing to the conveyor in the two (2) following working days the delivery date a mail recommended with acknowledgement of delivery exposing the aforementioned complaints. The consumer will have to transmit copy of this mail 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 formally agreed upon between the Seller and the Buyer.
Products can be returned by the Buyer under the conditions and according to the instructions below.

Upon receipt of the ordered Products, the Buyer must verify the conformity of these Products. Any anomaly concerning the delivery (missing or broken Product, damaged package, etc.) must be reported by the Purchaser and must imperatively be notified to the Gemology customer service department on the day of receipt or at the latest on the first business day following receipt, by filling out the return form. Any claim made after this deadline will be rejected and Gemology will be released from all liability. In the event of an anomaly concerning the package or the Product(s), and after having notified Gemology within the aforementioned time limit.
The Purchaser must return the Product(s) in its (their) original packaging within fourteen (14) days of receiving the order. This return must be accompanied by the document to be printed via the Site after filling out the Return form.

1. Gemology invites the purchaser to download the Return Form, complete it and send it to communication@localhost
2. Use the original packaging to return the product.
3. The product must be unopened, unused and undamaged.
4. The product must be returned in its original unopened and sealed packaging
5. 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

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

10. Delivery error

The purchaser must submit to Gemology, on the day of delivery or at the latest on the first business day following delivery, any claim of error in delivery and/or non-conformity of the products in kind or in quality compared to the indications on the order form. Any claim made after this deadline will be rejected.

All returns must be reported in advance to Gemology's Customer Service Department: by telephone or by e-mail at the following address contact@gemology.fr. The return will be made according to the procedure described in Article 9 above.

11. Right of withdrawal

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 correctly applied if the following conditions are fully met

Upon receipt of the ordered Products, the Buyer shall verify the conformity of these Products. Any anomaly concerning the delivery (missing or broken Product, damaged package, etc.) must be reported by the Buyer and must imperatively be notified to the Gemology customer service department on the day of receipt or at the latest on the first business day following receipt, by filling out the Return form. Any claim made after this deadline will be rejected and Gemology will be released from all responsibility. In the event of an anomaly concerning the package or the Product(s), and after having notified Gemology within the aforementioned time period.

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

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 be unopened, unused and undamaged.
4. The product must be returned in its original unopened and sealed packaging
5. Returned products must be sent to Gemology in a single shipment (Gemology reserves the right to not 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 packages sent collect.
The initial shipping costs 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 requirements, Gemology will refund the full price of the products purchased. Shipping costs for the delivery of the originally purchased products will not be refunded. The return shipping, however, is the responsibility of the buyer. If the return cannot be accepted because it does not comply with the above conditions, the buyer will be contacted. In this case, the buyer can decide to recover the articles at his expense. If the buyer does not wish to do so, Gemology reserves the right to keep the merchandise and the amount corresponding to the purchase of the products.

11.2 Time and terms of reimbursement

After Gemology has received and checked that the requirements have been met, you will receive an e-mail confirming acceptance of the return. Regardless of the method of payment you used (credit/debit card), the refund will be activated by Gemology within 14 business days from the date Gemology becomes aware of your exercise of the Right of Withdrawal and once it has been verified that the return meets all of the above conditions.

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

Products must be returned to Gemology in perfect condition for resale, in their original state (packaging, accessories, instructions, etc.), duly sealed, and accompanied by the signed return form 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 conformity with the contract and is responsible for defects of conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his 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 salesman and has the qualities which this one presented to the Customer in the form of sample or model;
- if it presents the qualities which a Customer can legitimately expect taking into account the public declarations made by the salesman, by the producer or by his representative, in particular in publicity or labelling ;

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

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 not legitimately in a position to know them.

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

Article L217-8
The Customer is entitled to demand that the goods conform to the contract. However, he cannot contest the conformity by invoking a defect that he knew or could not ignore when he contracted. The same applies when the defect originates from materials that he himself has supplied.

Article L217-9
In case of lack of conformity, the Customer chooses between repairing or replacing the good.
However, the seller may not proceed according to the choice of the Customer if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. In such a case, the Seller shall proceed, unless it is impossible, according to the method not chosen by the Customer.

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

Article L217-11
The application of the provisions of Articles L. 217-9 and L. 217-10 shall be without charge to the Customer.
These same provisions do not prevent the allocation of damages.

Article L217-12
The action resulting from the defect of conformity is prescribed by two years as 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 the redhibitory defects such as it results from articles 1641 to 1649 of the civil code or any other action of contractual or extra-contractual nature which is recognized by the law.

Article L217-14
The recourse action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible personal property, according to the principles of the civil code.
In the event of a lack of conformity of the Product, notably due to an anomaly or an error in the references delivered, the Customer may choose to return the Product to Gemology and obtain a refund.
Gemology will reimburse the return shipping costs at the Customer's request.
For any claim, the Customer may contact Gemology at the following address: communication@localhost.
Warranty against hidden defects:

The Civil Code provides that:

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

Article 1644 Civil Code: In the case of articles 1641 and 1643, the Customer has the choice to return the item and have the price returned, or to keep the item 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, to all damages and interests towards the Customer.

Article 1646 Civil Code: If the seller was unaware of the defects of the thing, he will only be obliged to refund the price, and to reimburse the buyer for the expenses incurred by the sale.

Article 1648 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year from the date on which the seller may be relieved of the defects or apparent lack of conformity.

Within the framework of the legal warranty for hidden defects, Gemology, depending on the Customer's choice, undertakes, after assessing the defect, to either:
- reimburse the full price of the Product concerned;

- to refund a 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 any disputes that may arise in connection with the sale of Gemology products.

In accordance with the order of August 20, 2015 and the application decree of October 30, 2015, the BUYER may refer to the CMAP - Centre de Médiation et d'Arbitrage de Paris - to settle amicably by mediation any dispute or litigation known as consumer dispute, subject to Article L612-2 of the Consumer Code.

Disputes may not be reviewed by the mediator if the request is manifestly unfounded or abusive, or if it has been previously examined or is being examined by another mediator or by a court, or if the PURCHASER has submitted his request to the mediator within a period of more than one year from the date of his written complaint to Gemology or if the dispute does not fall within the scope of the mediator's competence, or finally if the consumer does not justify having previously attempted to resolve his dispute directly with Gemology by means of a written complaint

To submit his dispute to the mediator, the BUYER can fill the form on the website of the CMAP: 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. Reservation of ownership

Gemology retains full and complete ownership of the products sold until full payment of the price, in principal, fees and taxes included.

15. Responsibility
Gemology cannot be held responsible for the non-execution of the contract in the event of stock shortage or unavailability of the product due to a case of force majeure, disruption or total or partial strike, particularly of postal services and means of transport and/or communications.
Gemology cannot be held responsible for any indirect damage that may arise from the purchase of products.

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

The Gemology site also contains information from third parties and links to other websites. Gemology shall not be liable for any damages resulting from the use of, access to, or inability to use such third-party information, nor for the content of other websites.

16. Force majeure

Neither party shall have failed to perform its contractual obligations to the extent that their performance is delayed, hindered or prevented by an act of God or force majeure. Will be considered as fortuitous event or force majeure all facts or circumstances irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which could not be prevented by these last ones, in spite of all the efforts reasonably possible. The party affected by such circumstances shall notify the other within ten working days of the date on which it becomes aware of such circumstances. The two parties will then meet, within one month, unless impossible due to 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 for more than three months, the present general conditions may be terminated by the injured party. Expressly, are considered as 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 stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.

17. Partial invalidity

If one or several stipulations of the present general conditions of sale are held to be invalid or declared as such in application of a law, a regulation or following a definitive decision of a competent jurisdiction, the other stipulations will keep all their force and their scope

18. Non-waiver

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

19. Applicable law and jurisdiction

Gemology's product sales are subject to French law. Any dispute relating to the interpretation, performance or breach of contract between Gemology and the Buyer, even in the event of multiple defendants, will, in the absence of amicable agreement, be under the exclusive jurisdiction of a French court.

20. "Information Technology and Civil Liberties

The information collected by Gemology at the time of any order from the Purchaser is necessary for the management of the order by Gemology and its commercial partners. In accordance with the French law "Informatique et Libertés" n° 78-17 of January 6, 1978, the Purchaser has the right to access, rectify, oppose and delete data concerning him or her with Gemology.

In accordance with Article L.223-2 of the Consumer Code, the consumer has the option of registering on a list of opposition to telephone solicitation.

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

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

Failure to provide this information will result in 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 amended "Informatique et Libertés" law of January 6, 1978, as well as Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, the User has the right to access his or her data, to be informed, to object, to rectify, to limit, to portability and to delete the data concerning him or her.

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