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General Conditions of Sale

GENERAL CONDITIONS OF SALE (hereafter “GCS”)

Update as of 1 September 2014

Article 1 – Application – Acceptance of the GCS

These GCS apply exclusively to all orders of precious stones, jewels and other products and services which are offered for sale in our e-shops on our website www.patrickvoillot.com (hereafter referred to as “the Site”), whether their delivery is within or outside Metropolitan France.

Each of these orders is made between the client (Internet user, professional or consumer, hereafter referred to as “the Client”) and one of our partners –persons exploiting precious stone mines, or intermediaries in the country of production of the precious stones, or jewelers (hereafter referred to as “the Partner”) – referenced on our site by our company Precious.com.¹

An order made on our site (hereafter referred to as “Orders”) commits you to accept the GCS and overrides all the client’s conditions of purchase and other documents not expressly accepted by us. Any tolerance on our part in the application of the dispositions of these GCS cannot be interpreted as a renunciation of these dispositions on our part, or prevent us from availing of these dispositions at a later date.

Furthermore, the general conditions of sale, which can be modified, are those which are in force on the date the order is made.

Consequently we ask you to take notice of the GCS on your first visit to the Site before placing any order, and we advise you to print them and keep them safely so that you can refer to them at any time.

The simple act of visiting and placing an order on the Site constitutes your agreement to all the conditions. All placing of orders are subject to your validating the zone of acceptance of the CGS irrevocably, entirely and without reservation.

Article 2 – Placing Orders

2.1 – Purpose of the Order

All the products and services which are offered for sale on the Site are described with the greatest precision so that the client has full knowledge before undertaking any long-distance purchase, conforming to the provisions of the French consumption code “Code français de la Consommation” and the law protecting personal data: “Loi protectrice des données personnelles” (Loi Informatique et Libertés du 6 Juin 1978 modifée).

Before placing any order the Client may ask by e-mail a clarification on the characteristics of a product or service offered on the site at the following address: contact@patrickvoillot.com

Our company, Precious Com, can at any time modify the range of products and services offered on its site. Consequently the client is advised to check the availability of the said products/services before placing an order. Clients are invited to check the site and if the product is not available, they should make enquires using the following e-mail address: contact@patrickvoillot.com.

Furthermore, before placing an order all individual clients must declare that they are 18 years of age and have the legal entitlement or parental consent authorizing them to place an order, and they must be able to furnish us with proof thereof on request.

Finally, all orders placed by an individual client acting in his personal capacity must correspond to the normal needs of a household.

Clients who are companies must provide proof of their status. For companies located in the European Community this proof can be provided by sending the company’s EU VAT number.

2.2 Placing Orders

As this involves placing long-distance Orders, to make a sale the Client must fill out all required information on the site, particularly that relating to personal details.

We also advise clients to carefully read all the requirements before accepting the sale. In other words this means that the client has full knowledge of the GCS and other conditions of the sale (price, payment conditions, means of delivery, etc.) before formally accepting by clicking the ‘acceptance’ box.

In accordance with the law, clients are required to click on the ‘place order’ box to validate the order.

After having placed the order, furnished all the requirements, validated it after rereading and accepting the conditions of sale, the client will receive an email confirming his order, followed by intimation of a provisional delivery date.

2.3 Conditions of Price and Billing

The prices shown on the Site are in Euros (€) before tax (BT).
 
For all orders in excess of €150 (excl tax) made by an individual client : 

> domiciled in France for a delivery in Metropolitan France

  • to a French Partner the invoice prices are net and include the French VAT of 20% as well as the delivery charges.
  • to a Partner domiciled in the European Union outside France the invoice price is net and includes the VAT of the country where the Partner is located as well as the delivery cost.
  • to a Partner domiciled outside the European Union the invoice prices are net and include the delivery charges, the cost of customs clearance if applicable, as well as the VAT amounting to 20%

> residing in the European Union outside France for a delivery in the European Union

  • to a French Partner the invoice prices are net and include the French VAT of 20% as well as the delivery charge.
  • to a Partner domiciled in the European Union outside France the invoice price is net and includes the VAT of the country of the Partner as well as the delivery cost.
  • The invoiced prices are without tax when the product is sent by a Partner domiciled in a country outside the European Union and includes the delivery costs to the destination of the country of the Client.

In accordance with European regulations relating to the exchange of intra-community goods, the items sent from one member of the European Union to another can include either the VAT of the country of the product being sent, or the VAT of the country where the product is being delivered.

> Residing outside the European Union for a delivery outside the European Union the invoice price excludes tax (BT). Orders from a EU member partner imply an export tariff amount of 110€.
 

For all orders exceeding €150 (excl tax) placed by a Client which is a company :

> domiciled in France, for delivery to Metropolitan France

  • to a French Partner the invoice prices are net and include the French VAT of 20% as well as the delivery charge.
  • to a partner domiciled in the European Union outside France the invoice price excludes taxes and includes the cost of dispatch.
  • The invoice prices are without tax when the product is sent by a Partner domiciled in a country outside the European Union and includes the delivery charges to France.

> residing in the European Union outside France (and having furnished in this connection their intra-community VAT number)

  • to a Partner domiciled in France, the invoice prices are without tax and include the cost of delivery.
  • to a Partner domiciled in the European Union outside France the invoice excludes taxes and includes the cost of delivery (intra-community deliveries are exempt from VAT). Except when the Client and the Partner are domiciled in the same country, in which case the invoice prices include the VAT in that country and the cost of dispatch.
  • to a Partner domiciled outside the European Union the invoice prices exclude taxes and include the cost of delivery to the country of the Client.

> or outside the European Union, the invoice prices are exclusive of taxes and include the cost of dispatch to the relevant country. Orders from a EU member partner imply an export tariff amount of 110€.

In any case, for all orders placed on the Site for delivery outside the European Union the invoice will be without tax and will be inclusive of delivery charges to the country.

With the exception of intra-community deliveries, the Order could be subject to customs charges, import taxes or local taxes which could apply when the parcel reaches the country of destination in accordance with the rules of the said country. These charges are the Client’s responsibility. In no case can these charges be the responsibility of the Site. The client is responsible for fulfilling local formalities as well as all declarations in the country of delivery.

These charges, which include taxes and customs duties, are included in the invoice only in the case of orders placed by a French Client who is a physical person domiciled in France, and are delivered in metropolitan France, are displayed on the Site as indicative charges.

Whenever possible the Site will show the estimated sum or percentage of these charges payable by the Client before the payment stage of the Order. We advise all Clients to find out from customs and fiscal authorities in their country about local regulations in force at the time of delivery.

For all Orders below € 150 without tax the Client will be asked to contribute to the delivery charges.

2.4 - Delivery

Delivery is considered to have been made when the product is delivered to the Client at the address specified when placing the Order. The delivery may be made by any appropriate means chosen by the Site and corresponding to its description on the Site. The procedure for sending an Order will begin only after the Client settles the invoice.

Delivery is considered to have been made when the product is first presented by our courier service companies to the Client upon placement of the Order.

In case the Client is absent at the time of delivery, the Client is required to contact the courier service company to re-schedule the delivery, or to agree on a time and place for the Client to collect the product.

For products displayed on the Site and marked as immediately available the delivery will be made within 10 working days after the settlement of the invoice and confirmation from our Bank.

If the place of delivery indicated when placing the Order requires an additional period of time for delivery, the Client will be informed accordingly by e-mail and in any event the delivery will be made within 15 working days from the date of payment.

For products for which the Client is asked to check the availability on the Site, delivery is made within 10 working days after the date of availability shown.

The Site will take all possible steps to ensure that the delivery is made within the specified time. In no case can any delay in delivery be subject to payment of damages or interest or other compensation, whatever the reason.

Nevertheless our company will keep Clients informed of any significant delay in the delivery so as to allow them to cancel the sale and get a refund if they so desire.

When the Client requests personal delivery by a representative of the partner (specifying place, date and time of delivery), additional fees will be charged and must be settled before the product is delivered.

2.5 Mode of Payment

All payments are to be made in Euros (€).

Depending on the amount of the Order, the Client may settle bills by secure means of payment, either directly or by credit card, or through PayPal, or by bank transfer.

The settlement of all Orders exceeding € 3,000 without tax will be made by bank transfers. The transfer charges, if any, are the Client’s responsibility.

In order to make full payment on the Site, the Client will have to furnish all information requested for each mode of payment, in particular for the procedure relating to secure payment by credit card.

For all purchases paid for by PayPal, the Client must have a PayPal account and follow the procedures relating to it. The Client will also have to verify that the amount of his Order is compatible with the amount debited by his authorized PayPal account, and if necessary, ask PayPal to modify this amount so that the Order can be paid for.

For settlements by credit card the debit transaction for the amount of the sale is registered on the day the Client confirms by e-mail the final confirmation of his Order. We recommend that Clients verify with their banks the ceilings authorized to them for payment by credit card for a single item or several items on a monthly basis. All payments by credit card imply that Clients accept to supply us all information requested in order to complete the various stages leading to a complete and definite payment of the Order.

If the payment for the Order cannot be made by the bank, or through any other system of payment whatever the reason, the Site may cancel the Order.

In the event that the client fails to make payment for purchases by the due date, a late penalty fee will apply at the rate of 0.7% per month. A lump sum payment of Euros 40 will also be charged for recovery costs. 

Article 3: delivery, anomaly in delivery and return

In case of delay in the delivery in relation to the expected date of delivery, we advise the Clients to contact us so that they can be informed about the follow up on their package. In any event our company undertakes to keep the Clients informed about any delay in delivery of which we are aware.

Each Client should verify that the contents of the parcels and products delivered conform to the Order placed and this must be done before signing the delivery receipt.

In case of an anomaly, the Client must give a detailed description in writing on the delivery receipt. If the package received is damaged or open, the Client must refuse to receive it and immediately notify the Site by e-mail on the same day as the Order is received or at the latest the following day, attaching a copy of the delivery receipt. Whatever the anomaly and whatever may have been brought to our attention on the delivery receipt, the Client must complete the procedure by signing the receipt.

If the Client wishes to return the Order to us, whatever the reason, he must first inform our company and refer to article 4 which follows.

Article 4: right of retraction

Article L. 121-20 of the Code of Consumption provides that buyers who are individuals have 14 days from the date of delivery of Orders to exercise their right of retraction and return their Orders for exchange or re-imbursement, without justification or penalty, except for the costs of the dispatch and delivery which are chargeable to the Client.

Clients wishing to exercise their right of retraction must keep us informed by e-mail before returning their Orders.

The returned merchandise must be in its original packaging, accompanied by the corresponding bill and relevant certificate of authenticity. In case the certificate of authenticity is not returned with the parcel, a sum of € 100 without tax will be charged for the seller’s certificate, and € 200 will be charged for the international laboratory certificate.

The Client is advised to return the order by contacting the courier that made the initial delivery. However, the Client still retains the right to choose either another courier which fulfills the same criteria of trustworthiness and security, or can ask us to organize the collection of the parcel through our own courier.

In the latter case, we would inform the Client of the exact cost to obtain his prior approval. The cost of return transport will be deducted from the reimbursed amount.

The reimbursement of the returned goods can only take place after verification, through expert opinion, that the goods returned are indeed the same as those delivered and as described on the Site and on the bill. The returned merchandise must not be damaged or modified in any way.

Article 5: Retention of Title

The goods delivered become the property of the seller as soon as payment has been made.

The risks attached to the goods ordered are transferred to Clients when they receive the Order, the date of which can be verified from the date on the delivery receipt duly signed by the Client.

Article 6: Guarantees and liabilities

We guarantee that the individual stones or those mounted as jewelry match the description given on the Site and the certificate of authenticity.

All the diamonds presented for sale on the Site conform to the obligations of the Kimberley Process and are guaranteed as not emanating from zones of conflict in Africa.

Jewels which do not have certificates for their stones are guaranteed for one year against any manufacturing defect. This guarantee does not apply in case of wear and tear or normal ageing, nor to abnormal use, accidents or shocks, or any alterations on the jewel itself. Any interventions simply annul this guarantee.

In accordance with the Civil Code and the Code of Consumption, articles sold on the Site are guaranteed against conformity defects, hidden defects and redhibitory defects.

We do everything possible to supply each Client with merchandise which conforms to the Order and to its destination.

Similarly we take all measures to guarantee the uninterrupted functioning of the Site and the process for the placing of the Order. But we do not guarantee that unforeseen circumstances will not interfere with its functioning, or suspend it, even if these interruptions are due to errors, conceptual defects, viruses or other causes.

All the products for sale on the Site, in particular the single stones and jewels, are in conformity with French regulations. It is for the Client to ensure that the characteristics or modalities of use of the products ordered conform to the regulations of the country in which he resides and from where he places the Order.

The greatest of care has been taken in preparing the description and photographs of the jewels, stones and other merchandise shown on the Site. We are not responsible for errors or colour differences appearing on your computer screen. The photographs presenting the products offered on the Site are not bound by contract and the Site cannot be held accountable for them.

If in any doubt, we advise Clients to contact us.

The Site’s liability for direct or indirect damages or injury caused to the Client as a result of the product purchased on the Site cannot exceed the price of the merchandise ordered.

Neither the Site nor the Partner can be held responsible for the non-execution or the faulty execution of the Order in the case of actions attributed to the Client, or of force majeure as defined in law in article 1148 of the French Civil Code, applying to all external events which are unforeseeable and uncontrollable such as floods, strikes, riots, fires, natural disasters, acts by public enemies, wars, embargos, injunctions or restrictions imposed by the civil authorities. This list is not exhaustive.

The Site cannot be held responsible for any problems caused by third parties such as the malfunctioning of the internet, telecommunications, or the Client’s IT equipment. Moreover, Clients must ensure that their IT equipment and connection are compatible with browsing of the Site and the utilization of its various modules, in particular the module relating to the placement of online orders.

All third parties who wish to install a link on their own website leading to our Site must ask for our prior authorization in writing. If links to our Site have been created without our prior authorization, we cannot be held responsible for the possible prejudicial consequences that may follow for the Client.

Before making any transactions on the internet it is the Client’s responsibility to verify from which site they are going to do this.

Article 7 – Intellectual Property – Accessing the Site

The author’s rights and intellectual property worldwide for all the texts, videos, commentaries, works, illustrations and images reproduced on www.patrickvoillot.com are reserved.

Any total or partial reproduction of the Site www.patrickvoillot.com is strictly prohibited without prior agreement.

Furthermore, social denominations, distinguishing marks or signs on the Site www.patrickvoillot.com are protected by French and international laws. All utilization, reproduction, diffusion or representation of all or part of any one of the above mentioned elements without the express written authorization of the title-holder of the company Precious Com is prohibited.

Clients who wish to participate in a forum on the Site will have to undertake not to use false e-mail addresses, nor assume the identity of a third person, nor disseminate illegal, untruthful, defamatory, obscene, abusive information which contravenes the laws relating to intellectual property, nor to attempt to plant viruses.

Article 8: Protection of personal data

The Site registers data provided by Clients at the time of their placing of orders. The collection and automated treatment of this data is necessary for the processing of Orders placed and to facilitate exchanges between the Site and the Client; the data is then sent to the Site and its sub-contractors.

The Site will take all necessary precautions to ensure the security of the information given, and specifically to prevent it from being distorted, damaged or communicated to non-authorized persons and, more generally, to take appropriate technical and organizational measures to protect any personal data given to the Site against its accidental or unlawful destruction, in particular when it relates to transmission of data in a network, as well as to all forms of unlawful processing.

In case the Site uses a sub-contractor it will ensure that the latter adheres to the same obligations relating to IT law and liberties, and to the security of the information that has been entrusted to him.

Personal data agreed upon and transmitted by the Client can, when placing the Order, be transferred to a country in the European Union or outside the European Union, to which the Client expressly agrees, as set out in the General Conditions of Sale.

This personal information may be communicated to official authorities and to administrative or judicial authorities at their request, particularly in the framework of the legal dispositions relating to the laundering of funds or the war against financing terrorism. For these very reasons, by virtue of Regulation CE/1781 dated 15 November 2006, in case of transfer of funds, some of your personal data will be communicated to the beneficiary’s bank to which the transfer has been made, located in or outside the European Union. The same applies to payments by credit card.

The Site also undertakes not to make any copies of the documents or supporting documents relating to the personal data given, except strictly in the context of executing the Order, and not to use the documents or supporting documents in any ways other than those which have been specified. And not to divulge personal data to other persons, whether they be private or public, physical or moral persons.

Clients can contact the Site at any time to exercise their right of access, rectification or opposition in relation to information concerning them and featuring in the data kept by the Site.

Article 9: Applicable law and competent jurisdiction

The contractual relations between the Site and/or the Partner on the one hand and the “consumer” Client on the other, are subject to French law. The contractual relations between the sites and/or the Partner on the one hand and the “professional” Client on the other, are also subject to French law, except for the provisions of the Vienna Convention of 11 April 1980 on international merchandise sale contracts (VCIM).

As regards contractual relations with our “professional” Clients, the Tribunal de Commerce de Paris has the exclusive jurisdiction for all litigation or disputes of all kinds relating to interpretation, formation or execution of these GCSs, and of the contracts concluded in that framework. The Site and/or the Partner, however, reserve the right to summon the professional Client before the tribunal under whose jurisdiction its registered office falls.

Article 10: Information regarding the Site

The Site www.patrickvoillot.com is managed by the limited liability company PRECIOUS COM with a social capital of € 610, 000 whose offices are located in Punta D’Oro, 20137 PORTO VECCHIO, FRANCE, registered with the Trade and Company Register of Ajaccio as No. 437 973 258.

Tel number: 00.33 (0)4.95.72.24.19(0)4.95.72.24.19

E-mail address: contact@patrickvoillot.com

Director General: Patrick Voillot

Intra-community VAT number : FR 78 437 973 258
 

________________________

¹ Limited company with a capital base of € 610,000 registered with the Trade and Company Register of Ajaccio as no. 437 973 258, bearing intra-community VAT no. FR 78 437 973 258, whose registered office is located in Punta d’Oro, 20137 PORTO VECCHIO; editors of the www.patrickvoillot.com website.