Terms of sale

1. Purpose

The purpose of the present general terms and 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 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 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 Gemology's website, gemology.com, implies full and complete acceptance of these general terms and conditions of sale, which the Buyer acknowledges having read prior to ordering. Products are offered for sale in the following geographical territory: Mainland France, Corsica and Overseas, Azores, Algeria, Australia, Austria, Bahrain, 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, USA. Prior to placing an order, the Purchaser declares that: - the purchase of products on Gemology's Internet site, gemology.com, is not directly related to his/her professional activity and is limited to strictly personal use; - he/she has full legal capacity, enabling him/her to commit to the present terms and conditions of sale. Gemology reserves the right to modify these terms and conditions of sale at any time.

2. Company identity

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. Site access

The Buyer is personally responsible for setting up the computer and telecommunications resources required to access the Gemology gemology.com website. The Buyer is responsible for any telecommunications costs incurred when accessing the Internet and using the site.

4. Contract formation and orders

4.1. Prices

The sale prices of products on the Gemology gemology.com website, indicated in euros, are those in effect at the time the Buyer registers the order form. They do not include shipping costs, which are invoiced in addition to the price of the products purchased according to the amount of the order. Shipping costs will be indicated before the Buyer registers the order. Prices include the value added tax (VAT) applicable on the day of the order and any change in the applicable rate will automatically be reflected in the price of products sold by Gemology on its gemology.com website. The Buyer will be notified of any such modification prior to placing an order.

4.2 Product characteristics

In accordance with Article L. 111-1 of the French Consumer Code, the Purchaser may, prior to placing an order, review the essential characteristics of the product(s) he/she wishes to order on the Gemology gemology.com website. The Purchaser selects one or more products from the various categories offered on the Gemology website, gemology.com. The offers presented by Gemology are valid while stocks last. 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 according to the constraints of its suppliers. The photographs, graphics and descriptions of the products offered for sale are indicative only and are not binding on the seller. In the event of a supplier modifying a product, the seller cannot be held responsible for its graphic representation, nor can it affect the validity of the sale.

4.3. Order

Any order implies unreserved acceptance of these terms and conditions of sale. To validate an order, the Buyer must tick the box "I have read and accept the general terms and conditions of sale". The Buyer is then considered to have accepted, with full knowledge of the facts and without reservation, the present terms and conditions of sale, and 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 not be considered final until Gemology has sent the Purchaser confirmation of the order and has received payment in full. Gemology recommends that the Buyer keep this information on a paper or computer document. 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 to end consumers. Any order that does not clearly correspond to a retail sale and, more generally, any order that is fraudulent or presumed to be fraudulent, will be considered by Gemology as null and void.

5. Payment

Payment must be made at the time of ordering by the Buyer. At no time may the sums paid be considered as deposits or advance payments. All orders are payable in euros. To pay for an order, the Purchaser may use the following method of payment: credit card (see details below). The following credit cards are accepted on the site: Carte Bleue, Visa, Master Card. Online credit notes / gift vouchers are issued exclusively by Gemology and can only be used on its gemology.com website. 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 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 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 rejection of bank payment for any other means of payment. 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 Purchaser's identity card for all credit card payments. For amounts in excess of 400 euros (including VAT), Gemology reserves the right to request a certified photocopy of an identity document. As part of the fight against Internet fraud, 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 bank card, the customer is obliged to send Gemology the visual cryptogram (CVV) of his/her bank card. Gemology uses a secure payment tool: PAYBOX 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. Choice of products

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 by him/her prior to any order, made his/her choice of the product(s) forming the subject of his/her order. In addition, the Purchaser alone knows the products he/she owns and uses, and is the sole judge of the compatibility of the products ordered with those he/she uses. It is the sole responsibility of the Buyer, if he does not consider himself sufficiently competent, to seek the assistance of an advisor.

7. Delivery and acceptance

7.1. General rules

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 at the time of registration. In the absence of compliance with the procedures set out below, no claim by the Buyer will be accepted.

7.2. Characteristics of La Poste's Colissimo Suivi system

The Buyer or the recipient of the parcel is delivered to his/her home or to the address of his/her choice (office, etc.) by the Post Office and signs a delivery slip acknowledging receipt. In the event of absence, the purchaser or the recipient of the parcel receives a notice of passage from the letter carrier, which enables him to collect the parcel from the nearest post office, within a period of fifteen days. Should the Buyer have any doubts whatsoever about the condition or content of the parcel, he/she is required to :

• apply the Colissimo procedure (in particular, report any damage, claims and reservations) and refuse the merchandise by immediately issuing an anomaly report to the Post Office employee (report 170).
• report such incidents to Gemology by email at communication@localhost.

7.3 delivery times

Following validation of your order, delivery times are as follows:

• Colissimo Suivi: 3 to 5 working days for France
• Colissimo Expert Outre-Mer: 5 to 7 working days for Overseas France
• Colissimo Expert International: 4 to 8 working days for International deliveries.
• These delivery times are given as an indication only.

Any delay 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 French Consumer Code, the products ordered will be delivered within a maximum of thirty days from the day following that on which the Purchaser registered his/her order, subject to full payment of the price. If the products have not been delivered by the end of this period, the Buyer may cancel the order. Any sums paid by the Buyer will then be refunded without delay, to the exclusion of any other compensation. In the event of late 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 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 the product is found during this period, it will be immediately redirected to the delivery address indicated on 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, at its own expense, with a new shipment of the products ordered by the Buyer. In the event that the product ordered is no longer available, the provisions of article 8 will be applied. In the event of a product exchange, delivery costs will be borne by the consumer. We decline all responsibility for longer delivery times due to the carrier, particularly in the event of loss of products or strikes.

8. Delivery problems caused by the carrier

Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged parcel, broken products, etc.) must be indicated on the delivery note in the form of "handwritten reserves", accompanied by the customer's signature. At the same time, the consumer must confirm this anomaly by sending a registered letter with acknowledgement of receipt to the carrier within two (2) working days of the delivery date, setting out the aforementioned complaints. The consumer must send a copy of this letter by fax or by post to : Gemology 19 rue des entrepreneurs 78420 - Carrières-sur-Seine

9. Product returns

All product returns must be the subject of a formal agreement between the seller and the purchaser. Products may be returned by the Purchaser under the conditions and according to the instructions below. Upon receipt of the Products ordered, the Buyer must check 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 be notified to the Gemology consumer service department on the day of receipt or, at the latest, on the first working day following receipt, by completing the Returns 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 period. The Purchaser must return the Product(s) in their original packaging within fourteen 14 days of receipt of the order. This return must be accompanied by the document to be printed via the Site after completing the Returns form.

1. Gemology invites the buyer to download the Return form, fill it in 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 intact packaging, duly sealed.
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 parcel 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 the signed return slip. This will enable the purchaser to obtain a free replacement or a credit note, to the exclusion of any other indemnity or damages.

10. Delivery error

The purchaser must notify Gemology on the day of delivery, or at the latest on the first working day following delivery, of any claim of error in delivery and/or non-conformity of the products in kind or in quality in relation to the indications on the order form. Any claim made after this deadline will be rejected. All returns must be notified in advance to Gemology's Customer Service Department: by telephone or by e-mail to the following address contact@gemology.fr. Returns will be processed in accordance with the procedure described in article 9 above.

11. Right of withdrawal

In accordance with article L. 121-20 of the French Consumer Code, the Buyer has a period of fourteen clear days from the date of receipt to return the products ordered, at his or her own expense, for reimbursement.

11.1 Conditions for exercising the Right of Withdrawal

The Right of Withdrawal is considered to have been correctly applied if the following conditions are fully met. On receipt of the Products ordered, the Buyer must check that they are in order. Any anomaly concerning the delivery (missing or broken Product, damaged parcel, etc.) must be reported by the Buyer and must be notified to the Gemology customer service department on the day of receipt or, at the latest, on the first working day following receipt, by completing the Returns 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 period. The Purchaser must return the Product(s) in their original 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 completion of the Returns form.

Steps :

1. Gemology invites the buyer to download the returns form, fill it in 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 intact packaging, duly sealed.
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 parcel to the following address

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

Please note that we do not accept packages sent collect. Initial delivery charges will not be refunded. All risks related to the return of the product are the responsibility of the Buyer. If the purchaser has complied with all the required conditions, Gemology will refund the full price of the products purchased. Shipping costs for delivery of the originally purchased products will not be refunded. Return shipping, on the other hand, is at the buyer's expense. 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 may decide to collect the items at his/her own expense. If the purchaser does not wish to do so, Gemology reserves the right to retain the merchandise and the amount corresponding to the purchase of the products.

11.2 Refund terms and conditions

Once Gemology has received your return and checked that it meets the required conditions, you will receive an e-mail confirming that the return has been accepted. Regardless of the method of payment you have used (credit/debit card), the refund will be activated by Gemology within 14 working days following the date on which Gemology became aware of your exercise of the Right of Withdrawal and once it has been verified that the return complies with all the conditions indicated above. Payment will be made by cheque to the purchaser. 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 in accordance with 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 et seq. of the French Consumer Code and the legal guarantee of hidden defects in application of articles 1641 et seq. of the French Consumer Code. Legal warranty of conformity: The French Consumer Code stipulates that: Article L217-4: The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation, when the latter is his responsibility under the contract or was carried out under his responsibility. Article L217-5: Goods conform to the contract: 1° If they are fit for the purpose usually expected of similar goods and, where applicable : - if it corresponds to the description given by the seller and possesses the qualities that the latter has presented to the Customer in the form of a sample or model; - if it presents the qualities that a Customer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling; 2° Or if it presents the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the Customer, brought to the seller's attention and accepted by the latter. Article L217-6 The seller is not bound by the public declarations 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 Conformity defects which appear within twenty-four months of delivery of the goods are presumed to have existed 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 lack of conformity claimed. Article L217-8 The customer is entitled to demand that the goods conform to the contract. He may not, however, contest conformity by invoking a defect of which he was aware or could not have been unaware when he contracted. The same applies when the defect is due to materials supplied by the customer. Article L217-9 In the event of a lack of conformity, the customer may choose between repair and replacement. However, the seller may not proceed according to the Customer's choice if this choice would entail a cost that would be manifestly disproportionate to the other option, taking into account the value of the good or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the Customer. Article L217-10 If repair and replacement of the good are impossible, the Customer may return the good and have the price refunded, or keep the good and have part of the price refunded. The same option is available to the Customer: 1° If the solution requested, proposed or agreed in application of 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 good and its intended use. However, the sale may not be rescinded if the lack of conformity is minor. Article L217-11 The application of the provisions of articles L. 217-9 and L. 217-10 is free of charge for the Customer. These same provisions do not prevent the award of damages. Article L217-12 Any action resulting from a lack of conformity shall be barred after two years from the date of delivery of the goods. Article L217-13 The provisions of the present section do not deprive the Customer of the right to bring an action resulting from redhibitory defects, as provided for in articles 1641 to 1649 of the French Civil Code, or any other action of a contractual or extra-contractual nature recognized by law. Article L217-14 The final seller may take recourse action against successive sellers or intermediaries and the producer of the tangible personal property, in accordance with the principles of the Civil Code. In the event of non-conformity of the Product, notably due to an anomaly or error in the references delivered, the Customer may choose to return the Product to Gemology and obtain reimbursement. 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 French Civil Code stipulates that: Article 1641 of the French Civil Code: The seller is bound by the warranty for hidden defects in the item sold which render it unfit for the use for which it was intended, or which diminish this use to such an extent that the Customer would not have purchased it, or would have paid a lower price for it, had he or she been aware of them. Article 1644 Civil Code: In the case of articles 1641 and 1643, the customer has the choice of returning the item and having the price refunded, or keeping the item and having part of the price refunded. Article 1645 of the French Civil Code: If the seller was aware of the defects, he is liable to the customer for all damages in addition to restitution of the price received. Article 1646 of the French Civil Code: If the seller was unaware of the defects, he will only be obliged to refund the purchase price, and to reimburse the buyer for any expenses incurred as a result of the sale. Article 1648 of the French Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be discharged of the apparent defects or lack of conformity. Under the legal warranty for hidden defects, Gemology undertakes, at the customer's discretion, after assessing the defect, to either : - refund the full price of the Product concerned; - refund 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 implementing decree of October 30, 2015, the BUYER may refer to the CMAP - Centre de Médiation et d'Arbitrage de Paris - to amicably settle by mediation any so-called consumer dispute or litigation, subject to Article L612-2 of the French Consumer Code. Disputes may not be reviewed by the mediator if the claim is manifestly unfounded or abusive, or has been previously examined or is in the process of being examined by another mediator or by a court, or if the BUYER lodged his claim with the mediator more than one year after his written complaint to Gemology, or if the dispute does not fall within the mediator's field of competence, or 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 in the form on the CMAP website: www.mediateur-conso.cmap.fr, or send a request by mail or registered mail to 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 has been received, in principal, costs and taxes included.

15. Liability

Gemology may not be held liable for non-performance of the contract in the event of stock shortage or unavailability of the product due to 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 arise from the purchase of products. Gemology cannot be held responsible for any loss of data or files. It is the Buyer's responsibility to make all necessary backups. The Gemology site also contains information from third parties and links to other Internet sites. Gemology shall in no event 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 Internet sites.

16. Force majeure

Neither party shall be in breach of its contractual obligations to the extent that their performance is delayed, hindered or prevented by an act of God or force majeure. An act of God or force majeure shall be deemed to be any irresistible fact or circumstance, external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. The party affected by such circumstances will notify the other within ten working days of becoming aware of them. The two parties will then meet within one month, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which performance of the sale will continue. If the case of force majeure lasts longer than three months, the present terms and conditions may be terminated by the injured party. The following are expressly considered as cases of force majeure or fortuitous events, in addition to those usually accepted by the jurisprudence of French courts and tribunals: blockage of means of transport or supply, earthquakes, fires, storms, floods, lightning; stoppage of telecommunication networks or difficulties specific to telecommunication networks external to customers.

17. Partial invalidity

If one or more stipulations of these general terms and conditions of sale are held to be invalid or declared as such in application of a law, regulation or following a final decision of a competent court, the other stipulations shall retain all their force and 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 terms and conditions of sale shall not be interpreted for the future as a waiver of the obligation in question.

19. Applicable law and jurisdiction

Sales of Gemology products 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, shall, in the absence of amicable agreement, be subject to the exclusive jurisdiction of a French court.

20 "Information Technology and Civil Liberties

The information collected by Gemology when the Buyer places an order is necessary for Gemology and its commercial partners to manage the Buyer's order. In accordance with the French "Informatique et Libertés" law no. 78-17 of January 6, 1978, the Buyer has the right to access, rectify, oppose and delete data concerning him/her by contacting Gemology. In accordance with article L.223-2 of the French Consumer Code, the consumer has the option of subscribing to an opposition list for telephone canvassing.

21. Personal information

Gemology respects your concerns about privacy and the protection of your personal data. Your personal data is collected and processed by Gemology. In the context of online sales, the provision of certain personal data is mandatory, as this information is required 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. Certain 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 French Data Protection Act of January 6, 1978, as amended, and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, the User has the right to access, inform, oppose, rectify, limit, port and delete data concerning him or her. The Purchaser also has the right to formulate and communicate directives concerning 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 must complete the Contact form available on the Site.