1. Purpose
The purpose of the present general conditions of sale is, on the one hand, to inform any potential consumer of the terms and conditions under which the seller proceeds with the sale and delivery of 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 www.gemology.com
Consequently, the fact that any person orders a product or service offered for sale on the Gemology website, www.gemology.com, implies full and complete acceptance of these general conditions of sale, which the Buyer acknowledges having read prior to ordering.
The products are offered for sale in the following geographical territory: Mainland France, Corsica and Overseas, Azores, Belgium, Canada, Canary Islands, 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.
The Buyer, prior to placing an order, declares that :
– the purchase of products on the Gemology website, www.gemology.com, is not directly related to his/her professional activity and is limited to strictly personal use;
– that he/she has full legal capacity, allowing him/her to commit to the present general conditions of sale.
Gemology reserves the right to modify these general terms and conditions of sale at any time.
2. identity of the company
Name: Gemology
Address: 19 rue des entrepreneurs
ZIP CODE: 78420
City: Carrières-sur-Seine
SIRET N°454 012 907 00027
SAS with a capital of 596 722€.
Intra-community VAT number: FR41454012907
3 Access to the site
The Buyer is personally responsible for setting up the computer and telecommunications resources required to access the Gemology website www.gemology.com
The Buyer is responsible for the telecommunication costs of accessing the Internet and using the site.
4 Formation of the contract and orders
4.1. Prices
The sale prices of the products online on the Gemology www.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, depending on the amount of the order. The 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 the products sold by Gemology on its website www.gemology.com
The sale prices of products may be modified by Gemology at any time. The Buyer will be informed of this modification before placing an order.
4.2 Product characteristics
In accordance with Article L. 111-1 of the Consumer Code, the Buyer may, prior to placing an order, review the essential characteristics of the product(s) he/she wishes to order on the Gemology website www.gemology.com.
The Buyer selects one or more products from the different categories offered on the Gemology website, www.gemology.com.Les. Offers presented by Gemology are valid within the limits of available stocks. For products not stored 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, in particular according to constraints linked to its suppliers.
The photographs, graphics and descriptions of the products offered for sale are only indicative and in no way commit the seller.
In the event that a supplier modifies a product, the graphic representation of the latter shall not engage the responsibility of the seller or even affect the validity of the sale.
4.3. Order
Any order implies unreserved acceptance of these general terms and conditions of sale.
In order to validate the order, the Buyer must tick the box “I have read and accept the general conditions of sale”. The Buyer is then considered to have accepted, with full knowledge of the facts and without reservation, the present general conditions of sale, the prices, volumes and quantities of the products offered for sale and ordered.
The 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.
The computerised registers, kept in Gemology’s computer systems under reasonable security conditions, will be considered as proof of the communications, orders and payments made 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 retail customers. 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 a deposit or advance payment.
All orders are payable in euros.
To pay for his/her order, the Buyer has the following method of payment: bank card (see details below). The following credit cards are accepted on the site: Carte Bleue, Visa, Master Card.
Credit notes / online gift vouchers are issued exclusively by Gemology and can only be used on its website www.gemology.com. They are valid for one year from the date of issue.
The Purchaser guarantees Gemology that he/she has the necessary authorisations to use the method of payment he/she has chosen when registering the order form.
Gemology reserves the right to suspend or cancel any order and/or delivery, regardless of its nature and level of execution, in the event of non-payment of any amount due by the Buyer or in the event of a payment incident.
Penalties of an amount equal to the legal interest rate increased by five points are automatically applicable to unpaid amounts upon notification of the rejection of bank payment for any other means of payment. The delivery of any new order may be suspended in the event of late payment of a previous order, notwithstanding the provisions of the present contract.
Gemology reserves the right to request a photocopy of the Buyer’s identity card for any payment by credit card. 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 bank cards issued by a banking institution are accepted.
In order to ensure the security of payment by bank card, the customer is obliged to transmit to Gemology the visual cryptogram (CVV) of his/her bank card.
Gemology uses a secure payment tool: PAYBOX’s secure payment terminal. Payment security is based on the authentication of the merchant, i.e. Gemology, and on the confidentiality of all data. To ensure this security, the PAYBOX secure payment terminal uses proven cryptographic techniques and complies with the various banking regulations.
6 Choice of products
The Purchaser, having taken note of the products and their characteristics marketed by Gemology, has, under his or her sole responsibility and according to his or her needs as determined before placing any order, chosen the product or products that are the subject of the order. Furthermore, the Buyer, knowing only the products he/she owns and uses, is the sole judge of the compatibility of the products ordered with those used by him/her.
It is the sole responsibility of the Buyer, if he does not consider himself sufficiently competent, to seek the assistance of a consultant.
7 Delivery and acceptance
7.1. General rules
The 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.
If the procedures set out below are not respected, no claim from the Buyer will be accepted.
7.2. Characteristics of the Colissimo Suivi de la POSTE system
The Buyer or the recipient of the parcel is delivered to his/her home or to the address of his/her choice (office, …) by the Post Office and signs a delivery note acknowledging receipt. In case of absence, the buyer or the recipient of the parcel receives a notice of passage from his postman, which allows him to withdraw the parcel at the nearest post office, during a period of fifteen days.
In the event that the Buyer has any doubts whatsoever about the condition or content of the package, he/she must
– apply the Colissimo procedure (in particular, report any damage due, any claims and reservations) and refuse the merchandise by immediately issuing an anomaly report to the Post Office employee (report 170).
– to report these incidents to Gemology by email at communication@gemology.com
7.3 Delivery times
The delivery times, following validation of your order, are as follows:
– Colissimo Suivi: 3 to 5 working days for France
– Colissimo Expert Outre-Mer: 5 to 7 working days for Overseas France
– Colissimo Expert International: 4 to 8 working days for the International
– These times are given as an indication.
Any overrun of these times may 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 the day on which the Buyer registered his/her order, subject to full payment of the price.
If the goods are not delivered within this period, the Buyer may cancel the order. The sums paid by the Buyer will then be returned to him without delay, to the exclusion of any other compensation.
In the event of a delay in delivery in relation to the date initially set, the Buyer must notify Gemology in writing (letter, fax, e-mail) in order to improve the quality of service that may be offered to the Buyer 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 with a new shipment of the products ordered by the Buyer at its own expense.
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, the delivery costs shall be borne by the consumer.
We decline any responsibility as for the extension of the delivery periods because of the conveyor, in particular in the event of loss of the products or strike.
8. delivery problems due to the carrier
Any anomaly concerning the delivery (damage, missing product compared to the delivery order, damaged package, broken products…) must be indicated on the delivery order in the form of “handwritten reserves”, accompanied by the customer’s signature. The consumer must also confirm this anomaly by sending the carrier a registered letter with acknowledgement of receipt within two (2) working days following the date of delivery setting out the said complaints. The consumer must send a copy of this letter by fax or by mail to
Rue Grande Bruyère, 6B1
4840 Welkenraedt
Belgique
9.return of products
Any return of products must be the subject of a formal agreement between the seller and the purchaser.
Products may be returned by the Buyer under the conditions and according to the instructions below.
Upon receipt of the ordered Products, the Buyer shall 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 imperatively be notified to the Gemology consumer service on the day of receipt or, at the latest, on the first working day following receipt, by filling out the Returns form. Any claim made after this deadline will be rejected and Gemology will be released from all responsibility. In the event of an anomaly concerning the package or the Product(s), and after having notified Gemology within the aforementioned period.
The Purchaser must return the Product(s) in its (their) original packaging within fourteen 14 days of receiving the order. This return must be accompanied by the document to be printed via the Site after filling in the Return form.
1. Gemology invites the buyer to download the return form, fill it in and send it to communication@gemology.com
2. Use the original packaging to return the product.
3. The product must not be opened, used or damaged.
4. The product must be returned in its original, undamaged, sealed packaging.
5. The returned products must be sent to Gemology in a single shipment (Gemology reserves the right not to accept items from the same order that are returned and shipped at different times);
6. Products returned within 14 (fourteen) days of the date you received them.
7. Send your package to the following address
HElo Cosmetics
Rue Grande Bruyère, 6B1
4840 Welkenraedt
Belgique
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. This will allow the buyer to obtain a free replacement or a credit note, to the exclusion of any other indemnity or damages.
10. Delivery error
The buyer must submit to Gemology, on the day of delivery or at the latest on the first business day following delivery, any claim of error in delivery and/or non-conformity of the products in kind or in quality with respect to the indications on the order form. Any claim made after this deadline will be rejected.
All returns must be reported in advance to Gemology’s Customer Service Department: by telephone or by e-mail at the following address contact@gemology.fr. The return will be made according to the procedure described in Article 9 above.
11. Right of retraction
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 ordered products at his/her own expense for reimbursement.
11.1 Conditions for exercising the Right of Withdrawal
The Right of Withdrawal is considered to be correctly applied if the following conditions are fully respected.
Upon receipt of the ordered Products, the Buyer shall 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 imperatively be notified to the Gemology consumer service on the day of receipt or, at the latest, on the first working day following receipt, by filling out the Returns form. Any claim made after this deadline will be rejected and Gemology will be released from all responsibility. In the event of an anomaly concerning the package or the Product(s), and after having notified Gemology within the aforementioned period.
The Purchaser must return the Product(s) in its (their) original packaging within fourteen 14 days of receiving the order. This return must be accompanied by the document to be printed via the Site after filling in the Return form.
Steps :
1. Gemology invites the buyer to download the return form, fill it in and send it to communication@gemology.com
2. Use the original packaging to return the product.
3. The product must not be opened, used or damaged.
4. The product must be returned in its original, undamaged, sealed packaging.
5. The returned products must be sent to Gemology in a single shipment (Gemology reserves the right not to accept items from the same order that are returned and shipped at different times);
6. Products returned within 14 (fourteen) days of the date you received them.
7. Send your package to the following address
Gemology
19 rue des entrepreneurs
78420 – Carrières-sur-Seine
Please note that we do not accept packages sent collect.
The initial delivery costs are not refunded.
Any risk related to the return of the product is the responsibility of the Buyer.
If the buyer has complied with all the requirements, Gemology will refund the full price of the products purchased. Shipping costs for the delivery of the originally purchased products will not be refunded. The return shipment, 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 expense. If the buyer 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 and checked that the required conditions have been met, you will receive an e-mail confirming acceptance of the return. Regardless of the method of payment you used (credit/debit card), the refund will be activated by Gemology within 14 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 of the conditions indicated above.
Payment of the refund will be made by cheque to the buyer.
Products must be returned to Gemology in perfect condition for resale, in their original state (packaging, accessories, instructions, etc.), duly sealed, and accompanied by the signed return form in accordance with the procedure described in Article 9 above.
12. 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 20 August 2015 and the application decree of 30 October 2015, the BUYER may refer to the CMAP – Centre de Médiation et d’Arbitrage de Paris – to settle amicably by mediation any dispute or litigation known as a consumer dispute, subject to article L612-2 of the French Consumer Code.
The mediator may not review disputes for which the request is manifestly unfounded or abusive, or has been previously examined or is being examined by another mediator or by a court, or if the BUYER has submitted his request to 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 finally if the consumer does not justify having previously attempted to resolve his dispute directly with Gemology by means of a written complaint
To submit his dispute to the mediator, the BUYER may fill in the form on the CMAP website: www.mediateur-conso.cmap.fr, or send his request by simple or registered mail to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or send an email to consommation@cmap.fr.
13. Reservation of ownership
Gemology retains full and complete ownership of the products sold until full payment of the price, in principal, costs and taxes included.
14. Responsibility
Gemology cannot be held responsible for the non-execution of the contract in the event of stock shortage or unavailability of the product due to a case of force majeure, disruption or total or partial strike, in particular of the postal services and means of transport and/or communications.
Gemology cannot be held responsible for any indirect damage that may arise from the purchase of products.
Gemology cannot be held responsible for any loss of data or files. It is the responsibility of the Buyer to make all necessary backups.
The Gemology site also contains information from third parties and links to other 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, or the content of other websites.
15. 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. Force majeure shall be considered to be all facts or circumstances that are irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonable efforts. The party affected by such circumstances shall notify the other within ten working days of the date on which it becomes aware of them. The two parties will then, within one month, unless the force majeure event makes it impossible, meet to examine the impact of the event and agree on the conditions under which the sale will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party. The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning; stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.
16. 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, a regulation or following a final decision of a competent court, the other stipulations shall retain all their force and scope.
17. Non-waiver
The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these general conditions of sale shall not be interpreted for the future as a waiver of the obligation in question.
18. Applicable law and competent jurisdiction
Gemology’s product sales are subject to French law. Any dispute relating to the interpretation, execution or breach of the contract concluded between Gemology and the Buyer, even in the event of multiple defendants, shall, in the absence of an amicable agreement, be under the exclusive jurisdiction of the courts of Nanterre.
19. “Data Processing and Liberties
The information collected by Gemology when the Buyer places an order is necessary for Gemology and its commercial partners to manage the order. In accordance with the French law “Informatique et Libertés” n° 78-17 of January 6, 1978, the Buyer has the right to access, rectify, oppose and delete data concerning him/her at Gemology.
20. Personal data
Gemology respects your concerns regarding the protection of your privacy and 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 necessary for the processing and delivery of orders and for the preparation of invoices. This information is strictly confidential.
Failure to provide this information will result in automatic rejection of the order. 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 6 January 1978, as amended, as well as Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, the User has a right of access to his/her data, of information, of opposition, of rectification, of limitation, of portability and of deletion of the data concerning him/her.
The Buyer also has the right to formulate and communicate directives concerning the fate of his personal data after his death and to lodge a complaint with a competent authority. To exercise one or more of these rights, the Buyer must fill in the Contact form available on the Site.