SARL DIRECTGLOBE GROUPE markets jewelry and other jewelry products through its website accessible at www.diamant-anvers.com (hereinafter referred to as the Site).
These General Conditions of Sale (hereinafter referred to as GTC) are applicable to the Site and its use and implemented as part of the conclusion of any distance sale via the Site.
These T & Cs can be viewed on the Site. In addition, a version in .pdf format can be downloaded and / or printed by any user of the Site, this version being available from the Site.
These T & Cs comply in all respects with the requirements for distance selling and, in particular, the provisions provided for in this context by Articles L. 111-1, L. 113-3 and L. 121-18 et seq. Consumer Code. In the event of mandatory legal provisions which are hereby omitted or contradicted, the said mandatory legal provisions will be applied in the context of any sale and / or service made via the Site.
It is recalled that the SARL DIRECTGLOBE GROUPE does not carry out any telephone canvassing of its customers or prospects. Consequently, the provisions of the Consumer Code applicable to door-to-door canvassing, in particular Articles L. 121-21 et seq. And L. 121-27 of the Consumer Code, are inapplicable to transactions falling under these GTC.
These T & Cs apply between:
the company DIRECTGLOBE GROUPE,
Limited Liability Company (SARL) with a capital of 7.500 euros, registered in the Paris Trade and Companies Register under number 504 466 111, whose head office is located at 149 Avenue du Maine, 75014 Paris, taken in person of its legal representative (hereinafter referred to as the Company),
any adult natural person using, consulting and ordering online on the Site (hereinafter referred to as the Customer).
- PURPOSE AND SCOPE OF THE GTC
These T & Cs aim to clarify the rights and obligations of the parties on the occasion of the sale of goods and services offered on the Site. These T & Cs apply to all sales and services concluded on this Site.
In accordance with the provisions of article 1369-1 of the Civil Code, these GTCS may be kept by any person visiting the Site, by means of a computer recording and may also be printed.
These T & Cs are applicable as long as they appear on the Site. They may therefore be modified at any time, without notice and without specific information to the Client, by the Company. Customers are therefore invited to regularly consult the GTC and, in any event, before any purchase on the Site.
In the event of a purchase by a Customer, the applicable GTC are those online on the day of purchase on the Site. In the event that, after the date of their modification or deletion from the Site, these GTCs remain accessible to the public via other websites or by any other means, they will however no longer be enforceable against the Company.
By entering into a distance selling contract with the Company through the Site, the Customer expressly, irrevocably and unreservedly accepts all of these GTCS.
- IDENTIFICATION OF THE AUTHOR OF THE OFFER AND USEFUL DETAILS
Anyone wishing to contact the Company has the following contact details and means:
DIRECTGLOBE GROUPE / Customer Service
Postal address: Fleischmarkt 1 - 1010 Wien
Telephone: 08 00 90 46 03/01 77 47 51 21 - fax: 08 00 90 46 03
- Information on PRODUCTS AND SERVICES
All information relating to all the products and services offered on the Site is available on the Site. This information complies with the requirements required by the legal and regulatory texts in force and, in particular, by Articles L. 111-1 and L. 113-3 of the Consumer Code and by the ministerial decree of 3 December 1987 relating to consumer information on prices.
The products offered have the following characteristics, as an indication:
- name of the product concerned
- nature and details of components
- weight of stones and metals
- special properties.
Where applicable, the methods and advice for use are indicated for each of the products offered on the Site in the description of the product concerned or, at the latest, upon delivery of the product concerned.
A Customer has the option of obtaining additional information by contacting Customer Service at the contact details indicated in article 3 above.
All presentation documents, photographs, graphics, etc. products on the Site are only indicative and do not engage the responsibility of the Company in this respect.
All items offered for sale by the Company are in compliance with French regulations.
- QUALITY AND ORIGIN OF PRODUCTS
- QUALITY CERTIFICATION
All diamonds ordered on the Site are delivered and accompanied by a certificate of authenticity or expertise and / or a precise description including a unique reference number established by one of the independent gemological laboratories recognized internationally.
Each cut diamond sold by the Site can therefore be accompanied by a laboratory report from the following organizations:
- GIA (Gemmological Institute of America) - www.gia.edu
- EGL (European Gemmological laboratory) - www.eglreports.org
- AGS (American Gem Society) - www.agslab.com
- IGL (International Gemological Laboratories) - www.igl-labs.com
CAUTION : the Customer's attention is drawn to any differences in practices and analyzes carried out by each of these laboratories as part of their certification with regard to the qualities of the stones. These differences may in particular explain the price differences in the jewelry and diamonds offered for sale on the Site.
For any additional or comparative information in this regard, Customers are invited to contact Customer Service and / or to obtain information directly from these certification bodies or any other diamond professional.
In any case, the certification bodies selected by the Company for the sale of these products on the Site are the subject of international recognition. Their respective competence and quality of certification cannot therefore be contested with the Company, which intends to decline any responsibility in this respect.
In addition, concerning any treatment occurring on a jewel or stone: in accordance with decree n ° 2002-65 of January 14, 2002 relating to the trade in gemstones and pearls, gemstones, organic materials, cultured pearls and fine pearls which have undergone, as the case may be, treatment by irradiation, by laser, by dye, by surface diffusion, by filling, possibly as a residue of a heat treatment, of colorless foreign matter solidified in the external cavities which show breaks in reflection visible with a magnifying glass 10 times magnification, or by any other laboratory method modifying their appearance, color or purity, must be accompanied by an information sheet describing the treatments applied, other than the practices mentioned in article 3 of the decree, their effects and the precautions to be taken in the maintenance of stone, organic matter or the pearl is made available to the consumer prior to the sale, then returned to him with the invoice.
By virtue of the aforementioned decree of January 14, 2002, Customers are informed by connecting to the Site that certain gemstones may have been the subject of traditional lapidary practices, by use of colorless fluids and heating, and that pearls may have made subject to laundering.
- KEEPING A POLICE BOOK
In accordance with the Law (in particular according to a circular of July 22, 2010), the Company must enter in a register the purchases, sales, receptions and deliveries of gems and precious stones that it makes available to its Customers via his Site.
In this context, the identity and address of the persons who sold articles in precious metals as well as the materials, their nature, number, weight, title, origin, date of entry and exit of these materials and works may be entered in this register called "Police Book".
New and used works for any reason whatsoever must also be entered in this register in accordance with Articles 537 and 538 of the General Tax Code.
In accordance with article 56J sexdecies of Annex IV to the General Tax Code, this register can be established on paper (register side and initialed by the municipal authority) or by means of software in accordance with the regulatory provisions provided for by article 56 J sexdecies of Appendix IV to the General Tax Code or be made up of accounts in accordance with articles L. 123-12 to L. 123-17 of the Commercial Code or with article 286-I- 3 ° of the General Tax Code.
- KIMBERLEY PROCESS
The Company is committed to respecting the Kimberley Process certification system. This process defines the conditions for controlling the production and trade of rough diamonds.
In accordance with European Regulation No. 2368/2002 of December 20, 2002 implementing the Kimberley Process certification system for the trade in rough diamonds, the diamonds supplied by the Company are from legitimate sources not involved in the financing of armed conflicts such as that it exists in Angola, Sierra Leone and the Democratic Republic of Congo. This criterion is one of the selection points for our suppliers.
The Company only sells through its Site genuine, natural and internationally certified diamonds, as well as precious and semi-precious stones of natural origin.
- PRICE OF PRODUCTS
The price of the items is in Euros, all taxes included, unless expressly stated otherwise. The applicable VAT rate is that in force in France on the day of the order. Any change in the VAT rate will be automatically reflected in the price of the products.
The Company reserves the right to modify the selling prices appearing in its catalogs at any time. The sale price retained for the purchase of a product or a service corresponds to the price indicated online validated by the Customer at the time of the final registration of his order on the Site (except typographical error), in accordance with the provisions of article 7 below.
In the event of an error in the display of the price of the product on the Site, despite the precautions taken by the Company, the said product cannot be delivered. The Customer will be informed by email. He will therefore be invited to renew his purchase at the corrected price, if he wishes. Otherwise, any order will be automatically canceled.
The delivery costs and the import costs of the articles (taxes and customs duties) are the responsibility of the Customer, except as it follows from the description of the product on the Site that the delivery costs are included in the sale price.
In accordance with the provisions of Article L. 121-19 of the Consumer Code, the customer will receive, upon delivery, for each of the items, written confirmation of the price paid, detailing the price of the items, delivery costs and import costs charged to it, if applicable.
- CONCLUSION OF A SALES CONTRACT - ACCEPTANCE OF THE OFFER
In the case of the sale of a product offered on the Site, these GTCS are deemed to come into force on the date of placing the order online.
Pursuant to the provisions of article 1369-2 of the Civil Code, the Customer will have the possibility, before confirming his order definitively, to check the details of his order and its total price and to correct any errors, before confirming this to express its firm and definitive acceptance (so-called “double click” system, the last click called “acceptance” being assimilated to the handwritten signature referred to in article 1341 of the Civil Code and worth conclusion of the contract).
From the moment the Customer has validated his order by the “acceptance click”, the Company will acknowledge receipt thereof without delay and electronically. The Customer's acceptance is then considered irrevocable and can only be called into question in the cases exhaustively provided for in articles 9, 12 and 13 of these GTC.
However, with regard to the Company, the sale will only be considered final after receipt of payment of the full price including tax of the order by the Customer. Following receipt of this payment or express acceptance of the order by the Company, the Company will then send the Customer an order confirmation specifying the shipment of the items.
In the event of a shortage of stock at the time of receipt of full payment, the order may be canceled by the Company in which case the sums already paid will be returned to the Customer, without the Company being liable in this respect. .
In accordance with the provisions of Article L. 122-1 of the Consumer Code, the Company will be entitled to refuse any abnormal order or order placed in bad faith, as well as in the event of failure of one of its suppliers or of force majeure. In addition, the Company will be entitled to refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
- ORDER PROCEDURE CUSTOM ITEMS
The Company offers a customization offer for certain products. The special conditions of this article 8 are applicable to all sales of articles thus personalized and concluded remotely. All provisions of the GTC not modified by these special conditions remain applicable.
By “personalized items” or “personalization”, the Company means any item that has been modified to better meet the Customer's expectations as well as any product created by the latter as part of the “Create your jewel” service, these also include diamonds. D color and IF purity parameters accessible on the Site.
The order of personalized articles is carried out in accordance with the provisions of article 7 above.
With regard to the order of articles thus personalized by the Company at the express request of the Customer, the following specific conditions apply:
the description of the item personalized by the Customer will be detailed at the end of the ordering process on the Site. The personalization will only be carried out once it has been explicitly accepted by the Customer by the second click known as “acceptance click” at the end of the online order, following the presentation of the product personalization summary.
Given their personalized nature, said personalized items cannot be returned, refunded or exchanged. No withdrawal period can benefit the Customer. Consequently, the provisions of article 9 below are not applicable to personalized items, regardless of the personalization service used. Notwithstanding the foregoing, the customer continues to benefit from the guarantees provided for in articles 12 and 13 of these GTC.
- RIGHT OF WITHDRAWAL / SATISFIED OR REFUNDED
The Company intends that its Customers can exercise their right of withdrawal provided for in Article L. 121-1 of the Consumer Code under the best conditions.
This withdrawal period begins to run only from the day of receipt of the product by the Customer.
Thus, the Customer may return the products delivered within fourteen (14) days of the date of receipt, in their original packaging, complete (boxes, accessories, protections, booklet, warranty, etc.) and accompanied by the duly return slip. completed, as well as a copy of the invoice, the whole returned by the Customer to the address indicated in article 3.
It will be up to the Customer to provide proof of this return, which assumes that the products must be returned by registered mail or by any other means giving a certain date, the risks of return being borne by the Customer as such.
The Customer will be refunded the full price of his order subject to the right of withdrawal, including delivery costs.
In view of the nature and value of the products sold by the Site, the Customer is expressly informed that the order reimbursement period will be fourteen (14) days from the date of receipt by the Company of the returned product.
In addition, beyond the right of withdrawal inherent to the Customer as defined above, the Customer will have the possibility of returning the products ordered until the expiration of a period of thirty (30) days after their delivery, if he is not satisfied, and this against reimbursement or exchange of the product.
The Customer is nevertheless informed that he will not be able to benefit from this period of thirty (30) days with regard to any product on sale or subject to a promotional sale. In this case, only the right of withdrawal and its legal period may be applied. Clearance diamonds of 2 carats and more are not refundable or exchangeable.
Unless expressly mentioned by the Customer, the bank details for reimbursement are considered to be identical to those indicated when placing the initial order.
Thus, the reimbursement of returned products at the invoiced price will be made, depending on the method of payment for the products, by credit to the Customer's bank account corresponding to the bank card used for payment or by transfer to the Customer's bank account, in the fourteen (14) days following the date of receipt by the Company of the returned products.
Products returned incomplete, spoiled, damaged, deteriorated, soiled or in any other condition which would reasonably suggest that the product has been used or worn, will not be refunded or exchanged and will be returned to the Customer by post at its expense.
The Customer can place and pay for his orders:
- by bank card: by paying the full price including tax of his order at the end of the order process, the amount is then debited following validation of the order and in accordance with the conditions of use of the Customer's bank card. In the absence of payment, the sale will not be perfect and the product cannot be shipped.
- By bank transfer: in this case, it is necessary to contact our team in order to obtain the details of the Company's bank details and any reference to be mentioned in the transfer for its perfect identification.
Any delay in payment, if it does not lead to the termination of the sale, generates late penalties at the rate of 1.5 times the legal rate then in force and applicable from the day of the conclusion of the sales contract.
In the event of refusal of authorization of payment by bank card, in the event of non-payment in general and in the event of fraud, the Company reserves the right to unilaterally terminate the sale.
The Customer will be informed of the delivery date of the product ordered when placing the order. If the Site is unable to define said delivery day, this delivery will take place within a maximum period of 30 (thirty) days from the date of final validation of the order and / or its payment to the Company.
Products purchased on the Site can be delivered to mainland France. For destinations located outside this territory, the Customer is requested to contact Customer Service.
Delivery is always made to the address indicated by the Customer and is most often made by La Poste at the initiative of the Company, depending on the products sold.
If the Customer is absent during delivery, a calling card will be left in his letterbox inviting him to collect his package at his post office or at the carrier.
The delivery is considered effective on the first presentation of the goods at the delivery address indicated by the Customer when ordering and validated during payment.
The delivery of the goods will only be made against signature by the receiving Customer of a delivery note.
The Customer has the obligation to check the condition of the packaging and the conformity of the goods delivered at the time of delivery, before signing the delivery slip.
Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, open package, etc.) must be scrupulously and imperatively indicated on the delivery note in the form of "handwritten reserves", accompanied by the signature of the Client with the date.
The Customer must also confirm the existence of this anomaly by sending the carrier within two working days of the delivery date a registered letter setting out the said complaints.
The customer must send a copy of this letter by fax, post or email to the Company at the contact details of the Customer Service indicated in article 3 of these GTC. The carrier's contact details will appear on the delivery slip.
If these formalities are not completed on time, the products will be deemed to comply and accepted by the Customer.
The Customer must ensure that the products delivered to him correspond to his order.
In the event that the products delivered do not comply with his order, the Customer must inform the Company within thirty (30) working days of delivery by registered letter. Any complaint made after this period or made by a letter other than registered mail may be rejected.
- GUARANTEES AND AFTER-SALES SERVICE
- CONTRACTUAL GUARANTEE
The Company guarantees that the diamonds delivered comply with the certificates accompanying them.
The Company agrees to refund or exchange any apparently faulty jewelry returned within a period of 2 (of them)years from delivery, provided that the defect claimed by the Customer does not result from:
- abnormal or improper use,
- normal wear or aging,
- an accidental event or, more generally, an external cause (such as the intervention of any unauthorized third party on the product).
- LEGAL GUARANTEES
Notwithstanding the warranty conditions referred to above, given to the Customer with the item delivered, the products sold by the Company are subject to the warranty conditions provided for by law:
Reminder of articles L .211-4, L. 211-5 and L. 211-12 of the Consumer Code, and of articles 1641 and 1648, first paragraph, of the Civil Code:
Article L. 211-4 of the Consumer Code:
“The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility. "
Article L. 211-5 of the Consumer Code:
"To comply with the contract, the product must:
1 ° Be suitable for the use usually expected of a similar good and, where applicable:
• correspond to the description given by the seller and possess the qualities that the latter 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 his representative, in particular in advertising or labeling;
2 ° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. "
Article L. 211-12 of the Consumer Code:
“The action resulting from the lack of conformity lapses two years after delivery of the goods. "
Article 1641 of the Civil Code:
"The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer has not acquired it, or would have given a lower price, if he had known them. "
Article 1648 of the Civil Code, first paragraph:
“The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. "
The repair of the consequences of any hidden defect, when it has been proven, comprises according to the case law:
- either the totally free repair of the item, including labor costs,
- either its replacement or the partial or total refund of its price in the event that the item is totally unusable,
- and compensation for any damage caused to people and property by the defect of the article.
As soon as it is mentioned in the description of the product concerned on the Site, the Customer can benefit from a specific guarantee (called "commercial guarantee"), the duration of which is indicated on the guarantee card issued with the product concerned. .
The implementation of this specific guarantee supposes the return by the Customer of the duly completed guarantee card and use of the product under normal conditions as specified on the Site or in the documents accompanying the product.
Where applicable, the implementation of the guarantee implies the return of the product by the Customer under the same conditions as those set out in article 9 of these GTC.
Subject to compliance with these formalities by the Customer benefiting from the commercial guarantee, the Company undertakes either to restore the delivered product, or to exchange it if the repair is impossible or excessively expensive, or to reimburse in full. the Customer as soon as possible, at the expense of the Company and at the Customer's choice when a choice is possible.
In the event of an exchange of the product, the exchange product can only relate to a product strictly identical to that initially ordered by the Customer. Otherwise, the Customer will benefit from the exchange of the product purchased by a similar product when the product purchased initially is no longer available.
- TRANSFER OF OWNERSHIP
The transfer of ownership (and any right or obligation attached) of the products to the Customer takes place at the time of payment of the full price and in any case at the end of the delivery, in accordance with the provisions provided for in this regard in terms of article 11 above.
The products offered are certified to comply with current French legislation. The Company cannot therefore be held liable in the event of non-compliance with the legislation of the country where the jewelry is delivered. It is the Customer's responsibility to check with the local authorities the possibilities and methods of importing jewelry and to comply with them.
In addition, the Customer is fully responsible for accessing the Site outside of French territory. It is the Customer's responsibility to comply with the local legislation of the country of connection.
The performance by the Company of all or part of its obligations will be suspended in the event of the occurrence of a fortuitous event or force majeure which would hamper or delay the performance thereof. Are considered as such, in particular and without this list being exhaustive, war, riots, insurrection, social unrest, strikes of all kinds, etc. in accordance with the definition of the case law, as well as the supply problems of the Company resulting therefrom.
The Company will inform the Customer of such a fortuitous event or force majeure within seven (7) days of its occurrence. In the event that this suspension continues beyond a period of fifteen (15) days, the customer would then have the possibility of choosing a replacement product at a price equivalent to his purchase or of canceling the order in progress. In the latter case, it will be reimbursed under the conditions set out in article 9 of these GTC.
In any case, the Company will not be able to incur an engagement of its responsibility because of loss of profits, commercial losses, loss of data or loss of profit or any other damage which would be undergone by the Customer.
The Company's liability limitation stipulated above is inapplicable in the event of gross negligence on the part of the Company, in the event of bodily injury or liability for defective products.
- PROTECTION OF PRIVATE LIFE
The Company reserves the right to create an electronic file listing the personal data of its Customers. When an order is placed by any new Customer, this database will be enriched with information concerning him which will subsequently enable him to better meet his expectations and facilitate the assistance services provided by Customer Service.
This database has been declared in accordance with the requirements of the “Informatique et Libertés” law n ° 78-17 of January 6, 1978, amended by law n ° 2004-801 of August 6, 2004.
In the event that the Customer agrees to communicate individual data of a personal nature, he would then have an individual right of access, withdrawal and rectification provided for by the Data Protection Act and may in this regard, have the data deleted. information concerning him that is no longer relevant, in particular by making a written request to the Company using the contact details mentioned in article 3.
Depending on the choices made when creating or consulting their personal information with Customer Service, the Customer may choose whether to receive offers from the Company, or to be informed of specific operations by email. If a Customer no longer wishes to receive these offers, he may at any time make the request either by clicking on an electronic link available on the e-mails provided for this purpose, or by contacting the Company's Customer Service at the coordinates mentioned at article 3.
- INTELLECTUAL PROPERTY
The Site and all its elements, documents and other data which appear therein (hereinafter referred to as "the Content"), whether visual or audio, are protected by the intellectual property law applicable in the matter, depending on whether they are trademarks, whether or not they are registered as such, trade names or other distinctive signs, copyright, neighboring rights, sui generis rights, design rights, patents and trade secrets.
Any use of the Site or any Content for any purpose other than those authorized under these T & Cs and without the express authorization of the Company constitutes a violation of the rights of the Company:
- Any user may not access any Content or any other element of the Site and use and / or reproduce them in a context other than that of private and non-commercial use,
- the Site and any Content may not be copied, reproduced, modified, republished, uploaded, posted, adapted, transmitted, distributed or used in any way without the prior written permission of the Company, except with the imperative applicable legal authorization.
- DISPUTES - APPLICABLE LAW
These T & Cs are subject to French law.
Any dispute likely to result from the interpretation or execution of these GTC and its consequences will be subject to the exclusive jurisdiction of the French courts. The same applies to all distance sales contracts to which these GTCS apply.
The nullity of any clause of these GTC cannot result in their cancellation as a whole. Only the said clause will be canceled, the other stipulations remaining in force.
Finally, the fact that the Company does not intend to avail itself at a given time of the provisions of these GTC does not mean that the Company intends to renounce them definitively.