General Terms and Conditions of Sale for Individuals
Any order for a product appearing in the online store of the www.diamantsdeparis.com site implies the prior consultation and acceptance of these general terms and conditions of sale.
The click to validate the order implies full acceptance of these terms and conditions.
This click has the value of a "digital signature".
Article 1 – Completeness
These general terms and conditions express the entirety of the obligations of the parties. They form the sole basis of the commercial relationship between the parties, and in this sense, the buyer is deemed to accept them without reservation.
These general terms and conditions of sale take precedence over any other document, and in particular over any general terms and conditions of purchase. They apply, without restriction or qualification, to all services rendered by the seller to buyers of the same category.
The Seller and the Buyer agree that these Terms and Conditions exclusively govern their relationship. The seller reserves the right to modify its terms and conditions from time to time. They will be applicable as soon as they are posted online.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their registered office in France.
These general terms and conditions of sale are communicated to any buyer who requests them, in order to allow them to place an order.
The supplier reserves the right to derogate from certain clauses herein, depending on the negotiations conducted with the buyer, by establishing specific conditions of sale.
Diamants de Paris may also establish categorical general terms and conditions of sale, derogating from these general terms and conditions of sale, depending on the type of clientele considered, according to criteria that will remain objective. Operators who meet these criteria will then be subject to these general terms and conditions of sale.
Article 2 – Content
The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the online sale of goods and materials offered by the seller to the buyer.
These conditions only apply to purchases made by buyers located in France and delivered exclusively on French territory. For any delivery outside France, it is necessary to indicate it to obtain a specific quote.
Article 3 – The order
The buyer places his order online, from the online catalog and by means of the form on the site.
In order for the order to be validated, the buyer must accept, by clicking on the place indicated on the site, these general conditions. Acceptance will result in a confirmation email being sent by the seller, in accordance with the conditions described below.
The buyer will have to choose the address and the delivery method.
All orders imply acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will take place in the context of a possible exchange and the guarantees mentioned below.
In some cases, such as non-payment, incorrect address, or other problems with the buyer's account, the seller reserves the right to block the buyer's order until the issue is resolved.
Thus, in the event that a customer places an order with
Diamants de Paris, without having paid for the previous order(s), the supplier may refuse to honour the order and deliver the goods concerned, without the customer being able to claim any compensation, for any reason whatsoever.
In the event of unavailability of an ordered product, the buyer will be informed by email.
The cancellation of the order for this product and its possible refund will then be made, the rest of the order remaining firm and definitive.
If it becomes apparent before or during the execution of the order that Diamants de Paris cannot or can only with great difficulty carry it out, Diamants de Paris may require that the order be adapted accordingly.
In the event of the customer's refusal,
Diamants de Paris shall have the right to cancel, free of charge, any order or part of an order not yet executed. The customer will then be required to pay the sale price for deliveries already made, as well as the costs incurred by Diamants de Paris.
If Diamants de Paris considers that the customer's financial situation justifies such a measure, it reserves the right at any time to refuse to make a delivery and/or to require payment in advance or guarantees for the outstanding payments.
For any questions related to the tracking of an order, the buyer must send an email to atelier@diamantsdeparis.com.
In the event of a refund, and in accordance with our return policy, the refund period may take up to 2 months from the correct consideration. Please contact our after-sales service before returning your order.
Article 4 – Electronic signature
The online provision of the buyer's bank details and the final validation of the order will constitute proof of the buyer's agreement:
- payment of the sums due under the purchase order;
- signature and express acceptance of all operations carried out.
In the event of fraudulent use of bank details, the buyer is invited, as soon as this use is discovered, to contact customer service at atelier@diamantsdeparis.com.
Article 5 – Order Confirmation
The contractual information will be confirmed by e-mail at the latest at the time of delivery or, failing that, to the address indicated by the buyer in the order form.
Article 6 – Proof of the transaction
The computerized records, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments made between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as evidence.
Article 7 – Product information
The products are made on French territory.
The products governed by these terms and conditions are those that appear on the seller's website and are indicated as sold and shipped by the seller. They are offered while stocks last.
The products are described and presented as accurately as possible. However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable.
Photographs of the products are not contractual.
Article 8 – Prices
The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date.
Prices are quoted in euros. They do not take into account delivery costs, which are invoiced extra, and indicated before the order is validated. Prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the online products. Payment of the full price must be made at the time of ordering. At no time can the sums paid be considered as a deposit.
If one or more taxes or contributions, particularly environmental taxes, were to be created or modified, either upwards or downwards, this change may be reflected in the selling price of the products.
The price indications are free of charge for all orders from 100€ net excl. VAT of invoicing per delivery. By default, delivery is made by tracked letter (a reliable distribution channel, allowing the customer to know the status of the delivery of his package). However, the customer will have the choice, at the time of checkout, for an additional fee, to change the delivery method: EXPRESS or AGAINST SIGNATURE.
Special packaging made at the customer's request will be subject to additional invoicing. If, after a price has been indicated to the customer, one or more elements of the cost price are increased, Diamants de Paris is authorized to increase the price accordingly in the following cases:
- modification of the order by the customer,
- delay in delivery not attributable to Diamants de Paris.
Article 9 – Method of payment
9.1 Regulation
This is an order with an obligation to pay, which means that the placing of the order involves payment by the buyer.
Payment for orders is made in the following ways:
- PayPal:
We offer a fully secure payment by PayPal.
- Bank card:
We offer you a completely secure payment by credit card. We accept the following cards:
- Credit Card
- Visa
- Mastercard
- American Express
- ALMA:
We accept payment in 3X free of charge from 88€ (up to 2000€).
- We do not accept payment by bank transfer or cheque
Securing payment by credit card
Diamants de Paris guarantees you a secure payment.
Your bank details are fully encrypted and protected by the secure system. (SSL encoding). This means that your bank details do not circulate in plain text on the Internet and never arrive on the Diamants de Paris website.
That's why we ask you for your credit card number every time you place a new order.
The seller reserves the right to suspend all order management and delivery in the event of refusal of payment authorization by officially accredited bodies or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honour an order from a buyer who has not paid in whole or in part for a previous order or with whom a payment dispute is being administered. The seller has put in place an order verification procedure to ensure that no one uses another person's bank details without their knowledge.
As part of this verification, the buyer may be asked to fax the seller a copy of an identity document as well as proof of address. The order will then only be validated after receipt and verification by the seller of the parts sent.
9.2 Term Payment
The prize is payable in full and in a single instalment.
9.3 Late payment
Any delay in payment will result in the immediate payment of all sums due to the seller by the buyer, without prejudice to any other action that the seller may be entitled to bring against the buyer in this respect.
Article 10 – Terms of delivery
Except in cases of force majeure or during periods of closure clearly announced on the home page of the site, shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.
For delivery in France Métropole, the deadline is a maximum of 10 working days from the day following the day on which the buyer placed his order. This period is given as an indication and may be reduced or extended according to the conditions of the carrier.
In the event of delay, the seller cannot be held liable for any reason whatsoever. Therefore, no claim for compensation of any kind can be claimed by the buyer.
In the event of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the option to cancel the order. The buyer will then have the choice of requesting either the refund of the sums paid within 30 days of their payment at the latest, or the exchange of the product.
Article 11 – Terms of delivery
Delivery is only made after confirmation of payment by the seller's bank.
It is provided within a maximum period of 2 days from the receipt by the seller of the purchase order.
Any delay of more than 2 days may result in the sale being terminated.
Diamants de Paris is not responsible for delays related to force majeure such as strikes, natural disasters or any other unforeseeable, irresistible and insurmountable event.
In the event of non-compliance with the payment terms set out above, the seller may suspend or permanently cancel the sale.
In the event of suspicion of a fraudulent order, the seller will contact the customer by telephone to ascertain the content of the order. The seller may suspend or permanently cancel the sale.
The products are delivered to the address indicated by the buyer on the purchase order, the buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete shipping address will be reshipped at the buyer's expense. The buyer may, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the purchase order.
Orders are sent by default, by tracked letter, a reliable distribution channel, allowing the customer to know the status of the delivery of his package.
If at the time of delivery, the original packaging is damaged, torn, opened, then the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery note (package refused because opened or damaged).
The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.).
This verification is considered to have been carried out once the buyer, or a person authorised by him, has signed the delivery note.
The buyer must then confirm these reservations to the carrier by registered mail no later than two working days following receipt of the item(s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the legal notice of the site.
If the products need to be returned to the seller, they must be subject to a return request from the seller within three (3) days of delivery. Any claim made after this period will not be accepted. The return of the product may only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
Any claim by a customer against Diamants de Paris for any failure to comply with one of its obligations will be time-barred within 12 months of delivery.
A complaint can never justify a customer's failure to comply with a payment obligation.
Article 12 – Delivery errors
The buyer must make any claim to the seller on the same day of delivery or at the latest on the first working day following delivery, as a result of delivery error and/or non-conformity of the products in kind or quality with respect to the information on the order form. Any claim made after this period will be rejected.
The claim may be made, at the buyer's choice, by email to atelier@diamantsdeparis.com.
Any claim not made in accordance with the rules defined above and within the time limits set will not be taken into account and will release the seller from any liability towards the buyer.
Upon receipt of the complaint, the exchange of a product can only take place after confirmation by email from the seller.
In the event of a delivery or exchange error, a request by email must be sent to the support service. Any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, by Colissimo Registered, to the address indicated by the support following the customer's complaint.
Return shipping costs are the responsibility of the buyer.
In the event of non-receipt of the package, the FAQ will be able to inform any customer.
It is also possible to:
- Check if the tracking number indicates that your parcel has been delivered but that you have not received anything in your mailbox, it is necessary to take several measures:
- make sure that one of your neighbours has not received the parcel for you,
- Make sure your package has not been dropped off at your nearest post office.
If, despite these precautions, your parcel cannot be found, it is up to you to open a claim with the carrier's customer service, by phone at 3631, otherwise directly via this link https://reclamations.laposte.fr or by picking up a form at your nearest post office.
Personalized jewelry will not be refunded.
Article 13 – Product Warranty
The Seller indemnifies the Buyer against any lack of conformity of the Services and any latent defect, arising from a defect in the design or provision of the said Services, to the exclusion of any negligence or fault of the Buyer.
In any case, in the event that the seller is held liable, the seller's guarantee will be limited to the amount excluding tax paid by the buyer for the purchase of the property.
The denunciation of defects existing at the time of delivery, and revealed after receipt of the products, must be formulated by the customer in writing within three (3) days of the date on which he discovered the lack of conformity. No denunciation will be taken into account if it is made more than three (3) clear days from the delivery of the products.
Defects and deterioration of the products delivered as a result of abnormal storage and/or conservation conditions at the customer's premises, in particular in the event of an accident of any nature whatsoever, will not give rise to the right to the warranty due by the supplier.
Under the warranty against hidden defects, the supplier will only be liable for the replacement of defective goods free of charge, without the customer being able to claim damages for any reason whatsoever.
The supplier guarantees its products against hidden defects, in accordance with the law, customs, jurisprudence, and under the following conditions:
- The warranty applies to products that have regularly become the property of the purchaser;
- it applies to products that are entirely manufactured by the supplier;
- It is excluded if our products have been used under conditions of use or performance that were not intended.
The supplier's warranty only applies to hidden defects.
The warranty does not apply to used cords or any other items that have been damaged.
The warranty, unless otherwise stipulated, only applies to defects that are manifested during a period of twenty-four months (warranty period). The warranty period runs from the date of invoice. Replacement parts or remanufactured parts are warranted under the same terms and conditions as the original equipment and for a new period equal to that defined above.
In order to be able to invoke the benefit of these provisions, the customer must notify Diamants de Paris of the defects that he attributes to the goods under the conditions specified in the previous article and he must demonstrate that the object of the supply has defects in design, materials or workmanship. In the event of delivery of goods found to be defective, we undertake, at our sole option, either to repair the object of supply or to replace the defective parts or to credit the customer for the amount of the supply. All costs inherent to the warranty, such as shipping costs, travel costs, removal or reinstallation of the equipment remain the responsibility of the customer.
In case of sample sales, we only guarantee compliance with the sample.
Our liability is strictly limited to the obligations thus defined and it is expressly agreed that our company will not be liable to the customer for any damage suffered, such as: accidents to persons, damage to property other than the object or contract or loss of profit.
In addition, any liability for damage or loss of models and tools made available to us by the customer is excluded.
It is expressly recalled that the products are guaranteed with regard to French marketing standards, which are the only ones recognized as enforceable between the parties.
Article 14 – Right of withdrawal
In accordance with the legislative rules in force, the buyer, not being a professional, has a withdrawal period of fourteen calendar days from the conclusion of the contract.
The buyer can use the form template below, to be sent by email to atelier@diamantsdeparis.com:
To the attention of Les Diamants de Paris:
I/we (*) hereby notify you/our (*) withdrawal from the contract for the sale of goods (*)/for the provision of services (*) below:
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of the consumer(s) (only in case of notification of this form on paper):
Date:
(*) Strike out the unnecessary wording.
Return shipping costs are the responsibility of the buyer.
Article 15 – Force majeure
Any circumstances beyond the control of the parties, preventing the performance of their obligations under normal conditions, are considered as grounds for exoneration from the obligations of the parties and result in their suspension.
The party invoking the above circumstances must immediately notify the other party of their occurrence, as well as of their disappearance.
Force majeure shall be considered to be any irresistible facts or circumstances beyond the control of the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the parties, despite all reasonable possible efforts. In addition to those usually accepted by the case law of French courts and tribunals, the following are considered to be cases of force majeure or unforeseeable circumstances: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.
The parties will come together to review the impact of the event and agree on the conditions under which the performance of the contract will continue. If the force majeure event lasts for more than three months, these terms and conditions may be terminated by the injured party.
Article 16 – Retention of title
has. Sales are concluded with retention of title and the transfer of ownership only takes place after full payment of the price. Acceptance of delivery or documents relating to such delivery constitutes acceptance of this clause. The payment of prizes is defined as the actual collection. The purchaser is the custodian of the goods sold under retention of title and bears the risks. He will have to insure them and answer for any responsibility as soon as they are delivered.
b. In the event of non-payment by the due date, the contract will be terminated by operation of law if Diamants de Paris sees fit, upon a simple formal notice made by extrajudicial act or registered letter, which has remained ineffective, and the goods will be returned without delay.
The balance will be awarded to the seller as compensation.
Article 17 – Partial non-validation
If one or more stipulations of these general terms and conditions are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent court, the other stipulations shall retain their full force and scope.
Article 18 – Non-waiver
The fact that one of the parties does not rely on a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.
Article 19 – Title
In the event of a difficulty of interpretation between any of the headings appearing at the top of the clauses, and any of the clauses, the headings will be declared non-existent.
Article 20 – Collection costs
In the event of non-payment by the due date, the debtor is liable to pay compensation of €40 (Art. D. 441-5 of the French Commercial Code).
All judicial and extra-judicial costs will be borne by him. In the event of debt collection, the extra-judicial costs are set at 15% of the amount to be recovered, with a minimum of €228.67.
Article 21 – Mediation
The client is informed that he may resort to a conventional mediation procedure by the mediator of his choice.
The procedure is free of charge for the consumer.
All disputes to which the purchase and sale transactions concluded pursuant to these general terms and conditions of sale and which have not been the subject of an amicable settlement between the seller and the customer or by mediation, will be submitted to the competent courts.
Article 22 – Applicable law
These general terms and conditions are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention.
The parties undertake to seek an amicable solution to any dispute that may arise from the interpretation or execution of the Contract.
If they are unable to do so, the parties will submit the dispute to the Commercial Court of Paris.
Article 23 – Protection of personal data
All data entrusted by the customer is provided in order to be able to process orders.
In accordance with the French Data Protection Act No. 78-17 of 6 January 1978, you have the right to rectify, consult, modify and delete the data you have communicated to us.
In addition, the customer has the right to request a limitation of the processing of his data as well as a right to the portability of his data.
The requirement for personal data is contractual in nature.
Failure to provide personal data may result in the abandonment of the sales process insofar as it is required in the context of the order.
The data collected by the seller will not be passed on to third parties.