General Terms and Conditions of Sale

GENERAL TERMS AND CONDITIONS OF SALE

The Fine Gems Sole Proprietorship
Taha Hellara
Registered office: 229 rue Saint Honoré, 75001 Paris
Email address: contact@thefinegems.com
Paris Trade and Companies Register – 939 330 585

General terms and conditions of sale for products sold on www.thefinegems.com

Thefinegems.com specializes in the Sale of precious, fine and ornamental stones for professionals, collectors, and individuals.

Article No. 1: Purpose and Scope

The general terms and conditions of sale described below detail the rights and obligations of The Fine Gems company and its client in connection with the sale of the following items: Precious Stones, Fine Stones, Ornamental Stones, Minerals.

Article No. 2: Prices

The prices of the items sold are those in effect on the day the order is placed. They are denominated in euros and calculated exclusive of tax. The Fine Gems benefits from the VAT exemption (VAT not applicable, art. 293B of the CGI).

The Fine Gems company reserves the right to modify its prices at any time.

However, it undertakes to invoice the ordered items at the prices indicated when the order was registered.

Article No. 3: Order Placement

Only products and services presented and offered on the site may be ordered.

The client can place an order on the website www.thefinegems.com
Orders placed are irrevocably binding on the client.

Any order placed with Thefinegems.com will be confirmed by email upon registration with the sending of an order confirmation to the client.

The sale becomes firm and final only after order confirmation by email.

Article No. 4: Availability

In the event of unavailability of a product after the order has been placed, Thefinegems.com will inform the client by email as soon as possible.

Clients may then request cancellation and refund or exchange of the order.

Article No. 5 – Invoicing

After order validation, the client is notified by email that an invoice issued by thefinegems.com, detailing the transaction, is available in their client account.

Article No. 6: Payment Methods

Payment for orders can be made:

Article No. 7 – Default of Payment

In the event of default of payment, particularly due to the bank’s refusal to honor the transaction or due to an objection made by the client to the transaction, either before or after the conclusion of the transaction, THE FINE GEMS may terminate the sale automatically without notice or delay and may, if applicable, demand the return of the product at the client’s expense. For the purposes of this paragraph, it is understood that accepted objection cases will be the same as those recognized by the credit institution issuing the bank card or credit card.

Penalties: In accordance with Article L.441-6 of the Commercial Code, late payment penalties are due if payment is not made from the 30th day following the delivery date of the goods. The applied rate will be 1.5% per month of delay.

Late payment penalties apply automatically without any formal notice or summons being necessary, in accordance with the Law on the Modernization of the Economy of 04-08-2008.

 Fixed compensation: In accordance with Article 121-II of Law No. 2012-387 of March 22, 2012, and Decree No. 2012-115 of October 2, 2012, of the Commercial Code, a fixed compensation of €45 will be due for collection costs in case of late payment.

Article No. 8: Delivery.

Products are delivered to the delivery address indicated during the order process, within the timeframe specified on the order validation page.

Generally shipped within 3 days after payment.

In case of shipping delay, an email will be sent to inform you of any potential consequence on the indicated delivery time.

Standard delivery is free.

You have the option to choose express delivery for an additional fee. Please contact us.

Delivery is made by handing over the product to the client at the address specified by the client at the time of purchase. It will be carried out by La Poste or by a carrier. It can only take place once the order has been validated by the client and payment has been made in full. The banking payment centers concerned must have given their prior agreement for payment. In case of refusal by said centers, the order will be automatically canceled.

In the event of the client’s absence during delivery, a delivery notice will be left in their mailbox inviting them to collect their package from the post office or the carrier.

Delivery will be considered completed on the date of the first presentation of the order to the delivery address indicated by the client when placing their order. The order will be handed over against the signature of a delivery note by the receiving client.

In the case of deliveries by a carrier, The Fine Gems company cannot be held responsible for delivery delays exclusively due to the client’s unavailability after several appointment proposals.

Exceeding delivery times can under no circumstances give rise to damages or the cancellation of current orders.

In case of an order to a country outside the European Union, you are the importer of the product(s) concerned. Customs duties or other local taxes may be payable. These duties and sums are not the responsibility of The Fine Gems company.

They will be at your expense and are your sole responsibility, both in terms of declarations and payments to the competent authorities and bodies in your country. We advise you to inquire about these aspects with your local authorities.

The Fine Gems is not responsible for any delivery delay due to a customs clearance process.

Article No. 9. Retention of Title

The Fine Gems company retains full ownership of the products sold until delivery is completed.

The transfer of ownership and the transfer of risk relating to the product sold take place at the time of delivery. The date appearing on the delivery note or the acknowledgment of receipt serves as proof of the delivery date.

As soon as you take physical possession of the ordered products, the risks of loss or damage to the products are transferred to you.

Article No. 10. Right of Withdrawal

Pursuant to Article L121-20 of the Consumer Code, the buyer has a period of fourteen working days from the delivery of their order to exercise their right of withdrawal and thus return the product to the seller for exchange or refund without penalty, with the exception of return costs.

In this case, simply contact us by email at contact@thefinegems.com so that we can provide you with the procedure to follow.

For the return to be accepted, the product must be returned in its perfect original condition and in its original packaging. It must be accompanied by its laboratory certificate if one was provided.

The Fine Gems reserves the right to determine in good faith whether all these conditions are met.

Upon receipt of the product sent by the client, thefinegems.com will send an email confirmation of receipt of said product, as well as the refund within 7 working days.

The right of withdrawal only concerns products and not services. Any jewelry order after an accepted quote or certificate is considered a service and therefore does not fall within the legal 14-day withdrawal period.

Article 11. Warranty

All stones are guaranteed on invoice. 

All products supplied by The Fine Gems benefit from the legal warranty provided by articles 1641 et seq. of the Civil Code. In case of non-conformity of a sold product, it may be returned to The Fine Gems company, which will take it back, exchange it, or refund it. All claims, exchange requests, or refund requests must be made electronically to the following address: contact@thefinegems.com.  

Article 12. Liability

The Fine Gems, in the distance selling process, is bound only by an obligation of means. Its liability cannot be engaged for damage resulting from the use of the Internet network such as data loss, intrusion, virus, service interruption, or other involuntary problems.

TheFineGems.com shall not be held liable in the event of non-performance of the contract due to force majeure (strike, flood, fire, etc.).

TheFineGems.com disclaims all responsibility for the content of sites to which hypertext links may refer from its own site.

The products offered comply with current French legislation. The Fine Gems company cannot be held responsible in case of non-compliance with the legislation of the country where the product is delivered. It is your responsibility to check with local authorities the possibilities of importing or using the products or services you intend to order.

Furthermore, The Fine Gems company cannot be held responsible for damages resulting from improper use of the purchased product.

Article No. 13. Buyer’s Acceptance

These general terms and conditions of sale, as well as the prices, are expressly approved and accepted by the Buyer, who declares and acknowledges having perfect knowledge of them, and therefore waives the right to invoke any contradictory document, including their own general terms and conditions of purchase, the act of purchase implying acceptance of these general terms and conditions of sale.

13-2: These conditions may be modified at any time without prior notice.

Article No. 14 Archiving PROOF:

Computerized records, kept in the computer systems of each party, under reasonable security conditions, will be admitted as proof of communications, contracts, and payments between the parties.

Article 15. Intellectual Property

All elements of the website www.thefinegems.com are and remain the intellectual and exclusive property of The Fine Gems company, Hellara Taha. No one is authorized to reproduce, exploit, or use for any purpose whatsoever, even partially, elements of the site, whether in the form of photos, logos, visuals, or text.

Article 16. Personal Data

The Fine Gems undertakes to preserve the confidentiality of the information provided by the buyer, which they may be required to transmit for the use of certain services. Any information concerning them is subject to the provisions of Law No. 78-17 of January 6, 1978. As such, the internet user has a right to access, modify, and delete information concerning them. They can make a request at any time by email to: contact@thefinegems.com

Article No. 17: Retention of Title Clause

The Fine Gems company retains ownership of the goods sold until full payment of the price, in principal and accessories. As such, if the buyer is subject to receivership or judicial liquidation, The Fine Gems company reserves the right to claim, within the framework of the collective proceedings, the goods sold and remaining unpaid.

Article No. 18: Force Majeure

The Fine Gems company cannot be held liable if the non-performance or delay in the performance of one of its obligations described in these general terms and conditions of sale results from a case of force majeure. As such, force majeure is understood to mean any external, unforeseeable, and irresistible event within the meaning of Article 1148 of the Civil Code.

Article No. 19: Dispute Resolution

These distance selling conditions are subject to French law.

For all disputes or litigation, in the absence of an amicable resolution, the dispute will be brought before the Commercial Court of Paris.

The Fine Gems. GTC