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> Full 14 days no question return policy
> General Sales Conditions
Yo can reached us by email, by phone at 04 76 52 36 64, from France or ++ 33 4 76 52 36 64 from outside of France.
We can help you for any request:
- a gem for jewelry
- a gem for collector
- a gem for investment
- a gem for a jewelry creation.
You have the choice to pay online using the secured payment with the French bank Credit du Nord or with «PAYPAL».
We use the system from the French "Credit du Nord" bank in order to guarantee the encryption of your information and the confidentiality of your transaction. This bank use Sips Atos Woldline (SIPS for Secure Internet Payment Services).
You can use Visa card, Mastecard, Eurocard.
Transactions are secured using SSL technology (Secure Sockets Layer) to encrypt your information : once you have entered your credit card number and it’s validity date, this information is instantly encrypted on your own computer before being sent onto the internet. The transaction is done directly by the bank. You will need to enter your credit card number and your validity date. No one can see your credit card information and therefore no one can use this information without your authorization. In addition to being encrypted and therefore unreadable, your information is not transmitted to GemFrance. It is used in it’s encrypted form by the Crédit Mutuel only for the current transaction and is not saved or stored, which prevents the theft of your information by fraudsters or other hackers. This is why you are required to re-enter your credit card information each time you make a purchase on GemFrance.
Card online payments are limited to residents using cards from France, Austria, Belgium, Cyprus, Czech republic, Danemark, Finland, Germany, Greece, Ireland, italia, Japan, Luxembourg, Monaco, Netherlands, Portugal, Spain, Sweden, Switzerland, United Kingdom.
You can also pay online by using PAYPAL, for all countries, except France. You will be automatically directed to the PAYPAL site. Simply follow their instructions. The information transmitted are encrypted and used by Paypal. They are not transmitted to us.
Paypal accepts Visa,Mastercard and American Express payments.
If you do not like to pay on the website, specially for high amounts, we recommend a bank transfer from your account to our account.
FULL 14 DAYS NO QUESTION RETURN POLICY
Gemfrance offers to our customers a 14-day no question asked return / exchange policy for any merchandise purchased at gemfrance.com,without penality, with the exception of the cost for returning the product.
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 with and without taxes.and excludind the applicable delivery fees (shipping, handling and insurance). The delivery fees are calaculated before the end of validating the order. The customer can choice the currency between Euro, Dollar, Yen, Pound Sterling
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 customer 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 case of inavailablity of a product after the order has been ordered to gemfrance.com, gemfrance.com will inform the client by email as soon as possible.
5-2: The client may then request the exchange of the product ordered or to receive is money back.
o ARTICLE 6 - INVOICING:
After the validation of the order, an invoice issued by gemfrance.com which lists the transaction details will be available on the website.
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 (Visa, EuroCard MasterCard),
- with payment secured by the Credit du Nord systeml. This payment method is accepted for all payments above 20€ and is only available for credit cards issued from a bank account from France, Austria, Belgium, Cyprus, Czech republic, Danemark, Finland, Germany, Greece, Ireland, italia, Japan, Luxembourg, Monaco, Netherlands, Portugal, Spain, Sweden, Switzerland, United Kingdom.
- with payment secured by the Paypal system. Paypal can be used with cards from American Express, Master Card, Visa.
By phone or e-mail, by transmitting the credit card number and it’s expiry date. By wire transfer to: CREDIT MUTUEL CCM CROLLES- France / IBAN: FR76 1589 9089 3800 0200 0500 170 / BIC: C3CIFR2A. You must mention "OUR" on your payment for paying all the bank charges. By check , only available for euro accounts. A fee of 35€ will be added for any check issued on an account other than a French account; By money order to: SIKIRDJI GEMFRANCE BP 150 38330 SAINT ISMIER FRANCE 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 sent.
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 - SHIPMENT DELAY:
10-1: The delay of shipent is indicated on the website for each articles. The shimpen will be done when the order is accepted, validated and full paid, except in the case of 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 fourteen (14) 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 cash back without penalities 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 14 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.
