GENERAL SALES TERMS AND CONDITIONS
o ARTICLE 1- GENERAL:
1-1: The present general sales terms and conditions apply to the sale of products and services by SARL SIKIRDJI GEMFRANCE ordered through the website www.gemfrance.com.
1-2: Gemfrance is a registered trademark.
1-3: The items offered on the website gemfrance.com are done so within the framework of a mail-order contract with suspensive conditions, as covered by the articles L 121-6 to L 121-20 of the Consumer’s Code, as well as by the present general sales terms and conditions.
1-4: These general sales terms and conditions notably detail the terms and conditions of ordering, payment, delivery and the management of any eventual returns of items or products ordered by the client.
1-5: The act of ordering on the website one or several products or services and by checking the "I accept" box concerning the present terms and conditions and then submitting the form implies the automatic, irrevocable, total acceptance without reservation by the client of the present general sales terms and conditions. No additonal terms or conditions, unless formally accepted in writing by SARL SIKIRDJI GEMFRANCE or gemfrance.com, can supercede, override or take precedence over the present general sales terms and conditions.
1-6: The fact that SARL SIKIRDJI GEMFRANCE or gemfrance.com chooses not exercise it’s right to apply any one of the dispositions of the present general sales terms and conditions can not be interpreted to mean that SARL SIKIRDJI GEMFRANCE or gemfrance.com has renounced the right to exercise it’s right to apply any one of the said general sales terms and conditions in the future.
1-7: Sales are not final until after email confirmation of the order is sent to the client.
o ARTICLE 2 - GENERAL DESCRIPTIONS OF PRODUCTS AND SERVICES:
2-1: In order to allow our clients to be fully informed about the products or services that the client wishes to purchase before ordering and in conformity with article L 111-1 of the Consumers Code, gemfrance.com presents the characteristics of the products and services offered for sale on it’s website.
2-2: The catalogue on the website www.gemfrance.com describes the specifications, illustrations and indicates the weights, the dimensions, the colours and the modalities. Our photographs are not contractually binding.
2-3: In addition, the client always has the possibility to contact gemfrance by email, fax or telephone in order to receive further information on the products or services which are offered.
2-4: Gemfrance.com reserves the right to modify or change without prior notice, the products or the services offered in the catalogue. However, Gemfrance.com will never modify the specifications of products and services already ordered by a client.
o ARTICLE 3: PRICING:
3-1: The prices listed on GemFrance for the sale of products and services are in euros and exclude tax and any applicable delivery fees (shipping, handling and insurance).
3-2: Delivery fees are payable by the client and are invoiced in addition to the product and/or service sales price. Delivery fees will vary depending on the weight and value of the items being delivered.
3-4: The client shall be informed of the amount of any applicable delivery fees associated with his purchase before his order becomes final. Payment will be required from the client for the total purchase amount, integrating the price of products or services ordered plus any applicable delivery fees. Client confirmation for payment of their order implies that the client accepts to pay the applicable delivery fees. Therefore, delivery fees do not constitue valid grounds for the cancellation of the order once the order has become final.
o ARTICLE 4 - ORDERING:
4-1: Only the products and sevices presented and offered on the GemFrance website are available for order.
4-2: The client may order from SIKIRDJI GEMFRANCE SARL directly through it’s website www.gemfrance.com by completing an online purchase order. The completed online purchase order represents an irrevocable engagement by the client to purchase the products and/or services listed within.
4-3: All orders sent to gemfrance.com will be confirmed by email to the client upon the order’s reception by Gemfrance.
o ARTICLE 5 - AVAILABILITY:
5-1: In the event of the inavailablity of a product after the order has been sent to gemfrance.com, gemfrance.com will inform the client by email or postal mail as quickly as possible.
5-2: The client may then request the cancellation and the reimbursement or the exchange of the product ordered.
o ARTICLE 6 - INVOICING:
After the validation of the order, an invoice issued by gemfrance.com which lists the transaction details is sent to the client by email or postal mail.
o ARTICLE 7 - PAYMENT METHODS:
7-1: The payment of the total amount corresponds to the product or service ordered, applicable delivery fees, and is due in it’s totality at the time that the order of a product or service is concluded. "Concluded" meaning at the time that the reception of the order confirmation is received.
7-2: The client has the possibility to choose his payment method :
Via online payment, by credit card (Carte Bleue, Visa, EuroCard MasterCard),
- with payment secured by the Cybermut system from the Crédit Mutuel: secure online payment by credit card for residents of France, Germany, Austria, Belgium, Denmark, Great Britain, Greece, Ireland, Luxembourg, Monaco, Netherlands, Portugal, United Kingdom, Sweden , Switzerland. For a maximum of € 2500.-* with payment secured by the Paypal system.
By telephone or fax, by transmitting the information of your credit card number,expiry date and digital numbers.
By wire transfer to:
PLEASE REQUEST YOUR BANKERS TO ROUTE INTERNATIONAL PAYMENTS BY SWIFT TO
BANQUE FEDERATIVE DU CREDIT MUTUEL - STRASBOURG - with the following indications :
Account with institution - field 57 (option A): CMCIFR2A
Benificiary customer’s account - field 59, 1st line: 15899089380002000500170
International Bank Account Number: FR76 1589 9089 3800 0200 0500 170
transaction charges excluded, option OUR
This information is compulsory and must be written exactly as shown.
BENIFICIARY CUSTOMER: SIKIRDJI GEMFRANCE - BP 150
38330 ST ISMIER - FRANCE;
By check , only available for euro accounts. A fee of 25€ will be added for any check issued on an account other than a french account;
By money order to:
38330 SAINT ISMIER
To this end, for each order, the client must furnish the required information such as mentioned on the website (notably the credit card number and the expiry date of the card).
7-3: No order will be accepted or confirmed until the necessary payment information is furnished.
o ARTICLE 8 - DEFAULTING ON PAYMENT:
In the event of defaulting on payment, notably because of the bank refusing to honour the transaction, or because of a stop payment having been requested on the transaction by the client, and this before or after the conclusion of the transaction, GEMFRANCE.COM may, with full rights and without notice or delay, resiliate the sale and may, if necessary, demand the restitution of the product at the expense of the client. For the purpose of this present paragraph, it is understood that the accepted cases of "stop payment" are the same as those recognized by the credit institution, issuer of the credit card.
o ARTICLE 9 - PRODUCT DELIVERY METHODS:
9-1: Delivery is effected by the remittance of the product to the client at the address specified at the time of purchase. Delivery will be effectuated by La Poste or by a transporter. Delivery will not be made until the order is validated by the client and the payment in it’s totality is received. The relevant banking centers will therefore have already given their authorization of payment. In the event of the relevant banking center refusing authorization, the order will be automatically cancelled.
9-2: Should the client be absent at the moment of delivery, a notification will be deposited in the client’s mailbox requesting him to collect his package at the Post Office or from the transporter.
9-3: Delivery shall be considered made as of the date of the first delivery attempt to the delivery address specified by the client at the time of ordering. The delivery of the merchandise will be effectuated against the signature of the client on the delivery ticket of La Poste or the transporter.
o ARTICLE 10 - DELIVERY DELAY:
10-1: Articles in stock are delivered within a maximum delay of 15 working days as of the date that the order is accepted, validated and full payment of these articles is received, except in the case of cash on delivery orders or due to other dispositions being requested. The client will be informed by email of the delivery delay specific to the creation of a piece of jewelry or the order of an article that is not in stock.
10-2: The above mentioned delivery delay is established as an estimated delivery time only and is based on the possibilities of gemfrance.com of provisioning and transport.
10-3: In no case does exceeding the estimated delivery time entitle the client to any damages or interest, nor does it entitle the client to cancel any orders currently being processed.
10-4: The delivery of products or the performance of services within the estimated delivery time can not be accomplished until the client has paid in full the amount due for each product or service that was included in order, and the associated delivery fees.
o ARTICLE 11 - ERRORS OR DELIVERY IRREGULARITIES:
11-1: It is the client’s obligation to verify the conformity of the merchandise at the time of delivery, before signing the delivery ticket.
11-2: In the event of an error or an irregularity concerning the delivery (such as damage, product listed on the delivery ticket missing from the package, damaged package, broken product...) and/or in the event of the nature or quality of the product(s) not conforming to those listed on the delivery ticket, the client must inform gemfrance.com as per the following :
the same day : on the delivery ticket in the form of handwritten reservations, and signed by the client. The delivery ticket must be returned to the transporter at the time of delivery ;
or at the latest, the first working day following following delivery in the form of an email addressed to gemfrance.com ;
at the same time, the client must also confirm the irregularity to the transporter within two working days following delivery by means of a recommended letter with delivery receipt, and listing the irregularity that was found.
11-3: The client must transmit a copy of this letter by fax, email or postal letter to SIKIRDJI GEMFRANCE SARL. The transporter’s address is on the delivery ticket.
11-4: In the event of a delivery error or an exchange, all products to be exchanged or returned must be given in their entirety to the transporter, and in their original packaging.
11-5: The product will automatically either be exchanged if a replacement is available, or reimbursed if a replacement is not available.
11-6: Any claim not handled within the above defined protocols and within the prescribed delay, can not be taken into account and will disengage the company SIKIRDJI GEMFRANCE of all responsibility towards the client. Fees associated with exchanges will be the responsibility of SIKIRDJI GEMFRANCE, except in the the event that the returned product does not correspond to the declaration made by the client in the return delivery ticket.
o ARTICLE 12 - RETRACTION CLAUSE:
12-1: The client has seven (7) calendar days as of the date of delivery of the product purchased on the website to return said product to gemfrance.com for exchange or reimbursement without penalties excepting the associated return delivery fees.
12-2: In order to allow gemfrance to define the exact mode of product return, the client will inform gemfrance.com by email of his intention to return the product before the 7 day delay period has expired. However, gemfrance.com will not accept the exchange or reimbursement of products unless each and all of the following conditions are met :
a) the return of products must be effected within the delay described in the first paragraph of this article, the date of delivery being that which is listed on the delivery ticket.
b) the product(s) must be returned in it’s original packaging. Gemfrance.com reserves the right to determine in good faith if the totality of these conditions have been met.
12-3: Upon reception of the product returned by the client, gemfrance.com will send an email to the client confirming reception of the said product.
12-4: Reimbursement can only be effected by wire transfer to the bank or postal account from which the original payment was made, or by check within a maximum delay of 30 days after gemfrance.com has sent confirmation to the client that the returned product has been received. The fees and risks associated with the return of a product are the exclusive responsibility of the client.
o ARTICLE 13 - TRANSFERRAL OF OWNERSHIP OF PRODUCTS AND TRANSFERRAL OF RISK:
The transferral of ownership and the transferral of risk of the sold product is deemed to have taken place upon delivery. The date of delivery is that which is listed on the delivery ticket or reception receipt.
o ARTICLE 14 - LIMITS OF RESPONSIBILITY:
14-1: Any and all responsibility of gemfrance.com for any sort of direct or indirect damage that is the result of the non-execution or poor execution of the sale of a product or service can in no case exceed the amount equal to the price of the product sold or the service performed.
14-2: The present article does not apply to clients who, because of their status, may apply the dispositions of
article L 132-1 of the consumer’s code.
o ARTICLE 15 - PROOF:
Digital correspondence and information saved within the computer systems of each party under reasonable security conditions, will be admitted as proof of communication, contracts and payments which have taken place between the said parties.
o ARTICLE 16 - RESPONSIBILITY:
16-1: The products proposed correspond to the currently applicable french legislation. SIKIRDJI GEMFRANCE SARL and gemfrance.com decline all responsibility if the delivered article does not correspond to the currently applicable legislation in the country to which it is delivered.
16-2: SIKIRDJI GEMFRANCE SARL and gemfrance.com declines all responsibility in the event that the contract is not executed due to force majeure (strikes, floods, fire...).
16-3: SIKIRDJI GEMFRANCE SARL and gemfrance.com are not responsible for the content of websites which are linked to on gemfrance.com.
o ARTICLE 17 - ACCEPTANCE BY THE CLIENT:
17-1: The present general sales terms and conditions as well as the prices and fees are expressly agreed to and accepted by the client, who hereby declares to have fully understood the present general sales terms and conditions, and thus renounces applying any contradictory document and notably, the client’s own general sales terms and conditions. The act of purchasing implicitly denotes the acceptance of the present general sales terms and conditions.
17-2: The present conditions are subject to modification without notice.
o ARTICLE 18 - DIGITAL INFORMATION AND FREEDOM:
18-1: The information requested from the client is necessary in order to process the client’s order and may be communicated to the contractual partners of gemfrance.com who are involved in the execution of said order.
18-2: The information requested from the client is shared with the partner site who operates the electronic commerce service.
18-3: The client may write to SIKIRDJI GEMFRANCE to oppose such communication or to exercise his rights to the access and rectification of information concerning himself which may be present in the files of SIKIRDJI GEMFRANCE SARL under the conditions forseen by the law of January 6 1976.
o ARTICLE 19 - APPLICABLE LAW:
19-1: Competence : the present general sales terms and conditions, both their interpretation and their execution are administered by FRENCH LAW.
19-2: THE GRENOBLE TRIBUNALS ARE THE ONLY COMPETENT AUTHORITY IN THE CASE OF ANY LITIGATION OR CONTESTATION RELATED TO THE FORMATION, EXECUTION OR THE INTERPRETATION OF ALL SALES CONTRACTS CONCLUDED BETWEEN SIKIRDJI GEMFRANCE SARL OR GEMFRANCE.COM AND A CLIENT.