Terms of sales
PREAMBLE
These conditions are concluded
between, on the one hand, Graphitor SAS capital of 7622.45 €, registered with : RCS PARIS
Siret: 398 508 903 00026 – Intracommunity VAT: FR-7239850890300026
Registered office: 320, rue Saint-Honoré 75001 Paris
Email: infodiamant@gottesman-diamonds.com
Phone from Monday to Friday
From France: 07 45 05 93 38
From abroad: +337 45 05 93 38
hereinafter referred to as « GOTTESMAN PARIS »
and, on the other hand, persons wishing to make a purchase via the website of GOTTESMAN PARIS http://www.gottesman-diamonds.com hereinafter referred to as « the user ». The parties agree that these conditions of sale, available on the day of the purchase exclusively govern their relationship. If a condition were to fail, it would be considered to be governed by the practices in force in the sector of distance selling whose companies are headquartered in France.
OBJECT
These conditions are intended to define the terms of sale between GOTTESMAN PARIS and the user, from ordering to customer’s service, through payment and delivery. These conditions concern exclusively non-commercial individuals.
THE ORDER
The order will be made by an individual or holder of a parental authorization.
You can choose to go directly to the site or by phone at the following numbers: +337 45 05 93 38 GOTTESMAN PARIS will acknowledge receipt of your order after the following steps: The order can only be registered on the site if the user is clearly identified by the entry of his customer code and his password which are strictly personal Any user of the site without a customer number must follow a registration procedure to obtain his customer number. This number is personal. Any loss or omission must be reported to GOTTESMAN PARIS services at short notice by contacting Customer Service by email: infodiamant@gottesman-diamonds.com. Any order implies acceptance of prices and description of the products available for sale. Any dispute on this point will occur in the context of a possible exchange and the guarantees mentioned below.
The user has the opportunity to modify his cart before the final validation, this last stage formalizing the contract of sale between GOTTESMAN PARIS and the user. Any order will be taken into account only after reception of its payment in its entirety. In some cases, including non-payment, incorrect address or other problem on the user’s account, GOTTESMAN PARIS reserves the right to block the user’s order until the problem is solved. Given the permanent evolution of the offer on its website, GOTTESMAN PARIS makes its best efforts to keep it up to date. Also GOTTESMAN PARIS undertakes to honor orders received on its website only within the limits of available stocks of products. In the absence of availability, GOTTESMAN PARIS undertakes to inform the user and offer him a similar product if he wishes.
PAYMENT TERMS
The user has a few options to pay for his purchases:
– Online with a credit card. – Online with his PAYPAL account: By choosing the payment via PayPal, you are automatically directed to your PayPal account.
– By bank transfer: By using the bank details of GOTTESMAN PARIS listed on its website at the “Payment” step.
SIGNATURE AND EVIDENCE
In any case, the online supply of the credit card number and the final validation of the order will be proof of the completeness of the said order in accordance with the provisions of the law of March 13, 2000 and will be worthy of sums committed by the seizure items listed on the order form. This validation is worth signature and express acceptation of all the operations carried out on the site GOTTESMAN PARIS.
SUMMARY OF YOUR ORDER
Upon the registration of your order and within a maximum of one working day from this registration, we acknowledge receipt of your order and inform you by a summary that you will receive by email. GOTTESMAN PARIS reserves the right to refuse without liability on its part, any order concerning a user, on just cause, especially if there is a doubt or a dispute over the payment of a previous order.
THE PRICES
The prices are indicated in euros all taxes included. These prices do not include flat-rate participation in shipping costs (for shipments outside France). They take into account the VAT applicable on the day of the order. The prices listed on the site are guaranteed for the duration of online and within the limits of available stocks. However, the price of unmounted diamonds is likely to change given the exchange rate of the Dollar against the Euro. Any change in the rate may therefore be reflected in the prices of unmounted diamonds present on the GOTTESMAN PARIS website. However, prices can not be modified upwards or downwards once the customer’s order has been validated.
THE AVAILABILITY
All our product offers are valid as long as they are visible on GOTTESMAN PARIS. However, in case of unavailability after placing an order, the customer is immediately notified and at his request his cancelled order followed by a refund within ten days if his bank account has been debited. If the customer wishes to maintain his order, he will be offered a product with the same characteristics and deliverable as soon as possible.
WARRANTY
All our jewels are guaranteed in Gold 750‰ or in silver 925‰. All our diamonds are delivered with a certificate (graduation report) from a gemological laboratory (GIA, HRD, IGI, AGS) describing in detail all their characteristics and a reference number.
DELIVERY AND DELAY
The ordered product is delivered by post or by an independent carrier, according to the nature of the product ordered and the exclusive initiative of GOTTESMAN PARIS, to the address appearing on the purchase order of the buyer. This address may differ from the payor’s address. In case of damage, the buyer will express his reservations with precision and clarity on the delivery, a duplicate is sent by the Post Office or the carrier to GOTTESMAN PARIS. In this regard, it is the buyer’s responsibility to check the contents, conformity and condition of the product upon delivery. This verification is deemed to have been made once the buyer, or a person duly authorized by him, has signed the delivery note presented by the carrier. Unless otherwise indicated, delivery is ensured on average within 10 working days. For diamonds from our Indian suppliers, the delay could be up to 3 weeks. The same is true if it is a custom manufacturing and this from the validation of the purchase by the customer. Also, we strive to indicate to our customers, at the time of their order and according to their purchase, the estimated delivery time for this order. GOTTESMAN PARIS can not be held responsible for exceeding these deadlines. In particular and especially for reasons of force majeure such as strikes or bad weather preventing deliveries and can not give rise to any cancellation of the order, no reduction in the price paid by the buyer, and no payment for damages. However, in case of abnormal delay, the customer must inform GOTTESMAN PARIS in writing in order to allow an inquiry with the services of La Poste or the carrier. These investigations can last up to 21 days. If in the meantime the package is found, it will be immediately delivered to the customer. If at the end of the investigation period the package can not be found, GOTTESMAN PARIS will offer the customer an equivalent product or a refund.
RIGHT OF RETRACTION / RETURN / EXCHANGE
The request for exchange or return by the customer must occur within 14 days from the date of receipt or withdrawal of the package. All items may be exchanged or refunded except special orders like the one made in ” Compose ” meaning a diamond to be set in a mounting and those that have been customized at the request of the customer or if the blister of a diamond has been opened. Returns are to be sent to GOTTESMAN PARIS 320 rue Saint-Honoré 75001 Paris. The product can not be returned without having been given a return number beforehand. This number will be issued to him after having made the request via the site. The product must be intact, in its original packaging and / or box and unused and must be accompanied by a copy of the invoice delivered at the time of the first delivery. In the case of an exchange and if the new order is of a higher amount, the user must attach to the exchange request the payment of the remainder. Conversely, if the amount of the exchange is less than the initial amount, the user will receive upon receipt of the application a check or credit in the form of a code (usable on the site) for refund of the difference.
You are required to ensure by any means at your convenience the items to return to us. No claim may be made to GOTTESMAN PARIS in case of loss by the delivery services. The items are deemed to be under the sole responsibility of the buyer until they are received at the GOTTESMAN PARIS headquarters.
SPECIAL OFFER
Products offered in promotions and special offers are not returned or exchanged.
REFUND
No sending against refund will be accepted for whatever reason. In case of refund, it is made within a period not exceeding 20 days after receipt of the return of goods. It can intervene in 10 days if it is not a return. It will be done by crediting the bank account that was used to purchase the product.
RESPONSIBILITY
GOTTESMAN PARIS has for all stages of order taking and for the stages after the conclusion of the contract an obligation of result. Thus GOTTESMAN PARIS undertakes to describe with the greatest accuracy the products sold on its website. On the other hand, the responsibility of GOTTESMAN PARIS could not be engaged in the case where the non-performance of its obligations would be imputable either to the unpredictable and insurmountable fact of a third party to the contract or to a case of force majeure as defined by the French Jurisprudence . The responsibility of GOTTESMAN PARIS can not be held liable for failure to comply with the legislation of the country where the products are delivered. It is your responsibility to check with the local authorities for import possibilities and in particular for the taxes and fees associated with the purchase of these products. Similarly, GOTTESMAN PARIS can not be held liable for any inconvenience or damage arising from use of the Internet, including a break in service, an external intrusion or the presence of computer viruses.
NOMINATIVE DATA
GOTTESMAN-PARIS reserves the right to collect data about the user, including the use of cookies. The collection of data by GOTTESMAN PARIS, responsible for the processing, is necessary to take into account the requests of the user. By indicating to GOTTESMAN PARIS, his e-mail address the user will be able to receive a confirmation of order. Depending on the choice made during the creation or consultation of his account, the user may receive offers from GOTTESMAN PARIS by email, phone or SMS as indicated when creating an account. It is our responsibility to ensure that the personal data we have is correct and up-to-date and that is why, in accordance with Article 32 of Law No. 2004-801 of 6 August 2004 on the protection individuals with regard to the processing of personal data and amending Law No. 78-17 of 6 January 1978 relating to data, files and liberties have a right of access, modification and deletion of information concerning him, to exercise at any time with GOTTESMAN PARIS, directly on the Internet in his client area. The user is informed that this automated processing of information, in particular the management of e-mail addresses, has been the subject of a declaration to the CNIL under the number 59 9061 of October 18, 1998. GOTTESMAN PARIS implements all the means to ensure the confidentiality and security of the data transmitted on the web. As such, the website uses a secure payment type SSL (Secure Socket Layer).
INTELLECTUAL PROPERTY
All elements of the site GOTTESMAN PARIS, whether visual or sound, including the underlying technology, are protected by copyright, trademarks or patents. Thus, none of the documents from the website GOTTESMAN PARIS may be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any way except under the following conditions: it is possible to download a copy of the documents on a computer for your personal use and only to non-commercial purposes, provided that you do not modify the information and that you retain intact all copyrights and other proprietary notices. The modification of these documents or their use for another purpose constitutes an infringement of the intellectual property rights of GOTTESMAN PARIS. The user who has a personal website and who wishes to place, for personal use, on his site a simple link directly to the homepage of GOTTESMAN PARIS website, must compulsorily request permission from the company Graphitor. This will not be an implicit affiliation agreement. However, any hypertext link to the GOTTESMAN PARIS site and using the technique of framing or in-line linking is strictly prohibited.
In any case, any link must be removed upon simple request from Graphitor. The trademarks, logos and designs appearing on this site are the exclusive property of GOTTESMAN PARIS. Their disclosure shall in no way be construed as granting any license or right of use whatsoever to the said trademarks and distinctive elements protected by copyright. They can not be used under penalty of forgery.
ENTIRETY
In the event that any of the clauses of the present contract would be null and void by a change of legislation, regulation or by a court decision, this can not in any way affect the validity and the respect of these general terms and conditions.
DURATION
These terms and conditions apply throughout the duration of online services offered by GOTTESMAN PARIS.
PROOF, CONSERVATION AND ARCHIVING OF TRANSACTIONS
The computerized registers, kept in the computer systems of GOTTESMAN PARIS and its partners under reasonable conditions of safety, will be considered as proof of communications, orders and payments between the parties. The filing of purchase orders and invoices is made on a reliable and durable support to correspond to a faithful and durable copy in accordance with Article 1348 of the Civil Code.
APPLICABLE LAW AND JURISDICTION
These conditions are subject to French law. The court of competent jurisdiction in case of dispute will be that of the place of residence of the defendant or, at the choice of the plaintiff, the place of actual delivery of the product. This site complies with the French legislation, and in any case, GOTTESMAN PARIS does not give any guarantee of conformity to the local legislation which would be applicable to you, since you access the site from other countries.