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General Terms and Conditions of Sale

Any order taken under a product appearing in the online store of the sitewww.diamantsdeparis.frassumes the consultation and prior acceptance of these general conditions of sale.

The click of validation of the order implies a full acceptance of the present.

This click has the value of a " digital signature ".

ARTICLE 1 - COMPLETENESS

The present general conditions express the entirety of the obligations of the parties. They constitute the sole basis of the commercial relationship between the parties, and, in this sense, the buyer is deemed to accept them without reservation.

The present general conditions of sale prevail over any other document, and in particular over any general conditions of purchase. They apply, without restriction or reservation, to all services rendered by the seller to buyers of the same category.

Seller and Buyer agree that these terms and conditions shall exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.

If a condition of sale were to be missing, it would be considered to be governed by the practices in force in the distance selling sector whose companies are based in France.

The present general conditions of sale are communicated to any purchaser who requests them, in order to enable him to place an order.

The supplier reserves the right to derogate from certain clauses of the present, according to the negotiations carried out with the purchaser, by the establishment of particular conditions of sale.

ZEITSALEL LP may also establish general sales conditions for specific categories, which deviate from the present general sales conditions, depending on the type of customer in question, according to criteria which will remain objective. The operators answering these criteria will then see themselves applying these categorical general conditions of sale.


ARTICLE 2 - CONTENT

The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods and equipment offered by the seller to the buyer.

The present conditions only concern purchases made by buyers located in France and delivered exclusively on French territory. For any delivery outside France, it is advisable to indicate it to obtain a specific estimate.

ARTICLE 3 - THE ORDER

The buyer places his order online, from the online catalog and using the form on the site.

For the order to be validated, the buyer must accept, by clicking on the place indicated on the site, the present general conditions. His acceptance will lead to the sending of a confirmation e-mail from the seller, in accordance with the conditions described below.

The buyer will have to choose the address and the delivery method.

Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will intervene within the framework of a possible exchange and the guarantees mentioned below.

In certain cases, notably non-payment, incorrect address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.

If a customer places an order with ZEITSALEL LP 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 whatever reason.

In the event of unavailability of an ordered product, the purchaser will be informed by e-mail.

The cancellation of the order of this product and its possible refunding will then be carried out, the remainder of the order remaining firm and definitive.

If it becomes clear before or during the execution of the order that ZEITSALEL LP cannot or only with great difficulty execute the order, ZEITSALEL LP can demand that the order be adapted accordingly.

If the customer refuses to do so, ZEITSALEL LP is entitled to cancel the order or part of the order that has not yet been fulfilled free of charge. In this case, the customer is obliged to pay the purchase price for the deliveries already made as well as the costs incurred by ZEITSALEL LP.

If, in the opinion of ZEITSALEL LP, the financial situation of the customer justifies such a measure, ZEITSALEL LP reserves the right at any time to refuse to make a delivery and/or to demand advance payment or securities for outstanding payments.

For any question relating to the follow-up of an order, the buyer should send an email to support@diamantsdeparis.fr.

ARTICLE 4 - ELECTRONIC SIGNATURE

The online provision of the buyer's bank details and the final validation of the order will be considered as proof of the buyer's agreement:

  • payability of the sums due under the purchase order;
  • signature and express acceptance of all operations carried out.

In case of fraudulent use of bank details, the buyer is invited, as soon as this use is noticed, to contact the customer service at support@diamantsdeparis.fr.

ARTICLE 5 - ORDER CONFIRMATION

The contractual information will be confirmed by e-mail at the latest at the time of delivery or, failing that, at the address indicated by the buyer on the order form.

ARTICLE 6 - PROOF OF THE TRANSACTION

The computerized registers, kept in the computer systems of the seller in reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

ARTICLE 7 - INFORMATION ON THE PRODUCTS

The products are made on French territory.

The products governed by these general conditions are those that appear on the seller's website and that are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.

The products are described and presented with the greatest possible accuracy. However, if errors or omissions have occurred in this presentation, the seller cannot be held responsible.

The 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 at the time of the order, subject to availability on that date.

The prices are indicated in euros. They do not take into account the delivery costs, invoiced in supplement, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products online. The payment of the totality of the price must be carried out at the time of the order. At no time, the sums paid can be considered as a deposit.

If one or more taxes or contributions, in particular environmental, were to be created or modified, in rise as in fall, this change could be reflected on the selling price of the products.

The price indications are postage free for any order from 1€ net excluding VAT per delivery. By default, the delivery is made by tracked letter (reliable distribution channel, allowing the customer to know at what stage the delivery of his package is). However, the customer will have the choice, at the time of checkout, for an additional fee, to change the delivery method: EXPRESS or SIGNATURE.

Special packaging made at the customer's request will be subject to additional billing. If, after the price has been quoted to the customer, one or more cost components are increased, ZEITSALEL LP is entitled to increase the price accordingly in the following cases

  • change of the order by the customer,
  • delay in delivery not attributable to ZEITSALEL LP.

ARTICLE 9 - PAYMENT METHOD

9.1 PAYMENT

This is an order with payment obligation, which means that the placing of the order implies a payment of the buyer.

The payment of the orders is carried out according to the following methods:

  • PayPal :

We offer a fully secure payment by Paypal.

  • Credit card:

We offer a fully secure payment by credit card. We accept the following cards:

    • Carte Bleue
    • Visa
    • Mastercard
    • American Express
  • Cheque :
We do not accept payment by check.
  • Payment by bank transfer :
We do not accept payment by bank transfer.

Secure payment by credit card

www.diamantsdeparis.frguarantees you a secure payment.

Your banking data are fully encrypted and protected by the secure system. (SSL coding). This means that your bank details do not circulate unencrypted on the Internet and never arrive on the site www.diamantsdeparis.fr.

This is the reason why we ask you for your credit card number for each new order.

The seller reserves the right to suspend any order processing and any delivery in case of refusal of payment authorization from the officially accredited organizations or in case of non-payment. The seller reserves the right to refuse to make a delivery or to honour an order from a buyer who has not paid in full or in part for a previous order or with whom a payment dispute is being administered. The seller has set up an order verification procedure designed to ensure that no one uses the bank details of another person without their knowledge.

As part of this verification, the buyer may be asked to fax the seller a copy of an identity document and proof of address. The order will then be validated only after reception and verification by the seller of the documents sent.

9.2 PAYMENT IN ADVANCE

The price is payable in full and in a single payment.

9.3 LATE PAYMENT

Any delay in payment will result in the immediate payment of all sums owed to the seller by the buyer, without prejudice to any other action that the seller may be entitled to take against the buyer in this respect.

ARTICLE 10 - AVAILABILITY OF PRODUCTS

Except in cases of force majeure or during periods of closure clearly announced on the homepage of the site, the shipping times will be, within the limits of available stocks, those indicated below. The delivery times run from the date of registration of the order indicated on the order confirmation email.

For delivery in France, the time is a maximum of 10working days from the day after the buyer has placed his order. This period is given as an indication and may be reduced or extended depending on the conditions of the carrier.

In the event of delay, the responsibility of the seller cannot be engaged, and this, for whatever reason. Consequently, no request for compensation, of any nature whatsoever, can be claimed by the buyer.

In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel his order. The buyer will then have the choice of requesting either a refund of the sums paid within 30 days at the latest of their payment, or the exchange of the product.

ARTICLE 11 - DELIVERY TERMS

Delivery is only made after confirmation of payment by the seller's bank.

It is provided within a maximum of 2 days from the receipt by the seller of the order form.

Any delay of more than 2 days may lead to the cancellation of the sale.

In the event of non-compliance with the above payment conditions, the seller may suspend or permanently cancel the sale.

In case of suspicion of fraudulent order, the seller will contact the customer by phone to ensure the content of the order. The seller may suspend or permanently cancel the sale.

The products are delivered to the address indicated by the purchaser on the order form, the purchaser will have to take care of its exactitude. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer can, 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 order form.

The orders are sent by default, in followed letter, reliable distribution channel, allowing the customer to know at which stage the delivery of his parcel is.

If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because open or damaged).

The buyer must indicate on the delivery form and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery form, damaged package, broken products ...).

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 will then have to confirm by registered mail these reserves to the carrier at the latest in the two working days following the reception of the article(s) and to transmit a copy of this mail by fax or simple mail to the salesman at the address indicated in the legal mentions of the site.

If the products need to be returned to the seller, they must be the subject of a request for return to the seller within three (3) days of delivery. Any claim made outside of this period will not be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions...).

Any claim by a customer against ZEITSALEL LP for failure to comply with any of its obligations shall be time-barred within 12 months from the date of delivery.

A complaint can never justify a customer's failure to comply with a payment obligation.

ARTICLE 12 - DELIVERY ERRORS

The purchaser must submit to the seller on the day of delivery or at the latest on the first working day following delivery, any claim of error of delivery and/or non-conformity of the products in kind or in quality compared to the indications on the order form. Any claim made after this deadline will be rejected.

The claim may be made, at the buyer's option, by email to support@diamantsdeparis.fr.

Any complaint not made in the rules defined above and within the time limits could not be taken into account and will release the salesman from any responsibility towards the purchaser.

Upon receipt of the claim, the exchange of a product can only take place after confirmation by email from the seller.

In case of error of delivery or exchange, a request by email must be addressed to the support service. Any product to be exchanged or reimbursed must be returned to the seller as a whole and in its original packaging, in Colissimo Recommandé, to the address indicated by the support following the customer's complaint.

The return costs are at the buyer's expense.

In case of non-receipt of the parcel, the FAQ will be able to inform any customer.

It is also possible to :

  • check if the tracking number indicates that your package has been delivered but you have not received anything in your mailbox, it is necessary to take several steps:
  • make sure that one of your neighbours would not have received the package in your place,
  • make sure that your parcel has not been deposited in your nearest post office.

If, despite these precautions, your parcel cannot be found, it is up to you to file a claim with the carrier's customer service department, by telephone on 3631, or directly via this link https://reclamations.laposte.fror by collecting a form from your nearest post office.

Personalized jewelry will not be reimbursed.

ARTICLE 13 - GUARANTEE OF THE PRODUCTS

The seller guarantees the buyer against any defect of conformity of the services and any hidden defect, coming from a defect of conception or supply of the aforementioned services to the exclusion of any negligence or fault of the buyer.

In any case, in the event that the seller's responsibility is retained, the seller's guarantee is limited to the amount paid by the buyer for the purchase of the goods.

The denunciation of the defects existing at the time of the delivery, and revealed after the reception of the products, will have to be formulated by the customer in writing within three (3) days following the date on which it will have discovered the defect of conformity. No denunciation will be taken into account if it occurs more than three (3) clear days after delivery of the products.

Defects and deterioration of the products delivered following abnormal storage and/or conservation conditions at the client's premises, in particular in the event of an accident of any kind whatsoever, shall not give rise to any right to the guarantee due by the supplier.

Under the warranty for hidden defects, the supplier shall only be liable for the replacement, free of charge, of the defective goods, without the client being able to claim damages, for any reason whatsoever.

The supplier guarantees his products against the hidden defects, in accordance with the law, the uses, the jurisprudence, and under the following conditions:

  • the guarantee applies to the products which became regularly the property of the purchaser;
  • it applies to products entirely manufactured by the supplier;
  • it is excluded if our products have been used under conditions of use or performance that were not foreseen.

The supplier's warranty only applies to hidden defects.

Unless otherwise agreed, the warranty only applies to defects which become apparent during a period of twenty-four months (warranty period). The warranty period begins on the date of invoice. Replacement parts or remanufactured parts are guaranteed 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 ZEITSALEL LP of the defects he attributes to the goods under the conditions specified in the previous article and 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 shall undertake, at our sole discretion, either to repair the object of the supply or to replace the defective parts or to credit the customer for the amount of the supply. All costs inherent to the guarantee, such as shipping costs, travel costs, removal or re-installation of the equipment shall be borne by the customer.

In the case of sales based on samples, we only guarantee conformity with the sample.

Our liability is strictly limited to the obligations thus defined and it is expressly agreed that our company shall not be liable to the customer for any damages suffered such as: accidents to persons, damage to property distinct from the object or the contract or loss of profit.

Furthermore, any liability for damage to or loss of models and tools provided 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 opposable 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.

ARTICLE 15 - FORCE MAJEURE

All circumstances beyond the control of the parties, preventing the execution of their obligations under normal conditions, are considered as causes of exoneration of the obligations of the parties and lead to their suspension.

The party that invokes the above-mentioned circumstances must immediately notify the other party of their occurrence and their disappearance.

Will be considered as force majeure all facts or circumstances irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which could not be prevented by the latter, despite all reasonably possible efforts. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the courts and French tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.

The parties will meet to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts longer than three months, the present general conditions may be terminated by the injured party.

ARTICLE 16 - RETENTION OF TITLE

a. Sales are concluded with reservation of ownership and the transfer of this ownership occurs only after full payment of the price. The acceptance of delivery or of documents relating to this delivery, is worth acceptance of the present clause. The payment of the price is understood to be the effective collection of the price. The purchaser is the guardian of the goods sold under reservation of title and bears the risks. He shall insure them and be liable for any liability upon delivery.

b. In case of non-payment on the due date, the contract shall be terminated at the discretion of ZEITSALEL LP by a simple notice of default by extrajudicial document or registered letter, which has no effect, and the goods shall be returned without delay.

The balance will be attributed to the seller as an indemnity.

ARTICLE 17 - PARTIAL INVALIDITY

If one or more stipulations of these general conditions 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.

ARTICLE 18 - NON-RENUNCIATION

The fact that one of the parties does not take advantage of a breach by the other party to any of the obligations referred to in these terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.

ARTICLE 19 - TITLE

In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.

ARTICLE 20 - COLLECTION COSTS

In the event of non-payment on the due date, the debtor shall be liable for an indemnity of 40 € (Art. D. 441-5 of the French Commercial Code).

All judicial and extra-judicial costs will be charged to the debtor.In the event of debt recovery, the extra-judicial costs are fixed at 15% of the amount to be recovered, with a minimum of 228.67 €.

ARTICLE 21 - MEDIATION

The customer is informed that he can resort to a conventional mediation procedure. In this case, the designated mediator is ANM Conso.

The referral can be made by visiting the following website

http://www.anm-conso.com/index.php

The procedure is free for the consumer.

All disputes arising from the purchase and sale transactions concluded pursuant to these general terms and conditions of sale and which have not been amicably settled between the seller and the customer or by mediation, shall be submitted to the competent courts.

ARTICLE 22 - APPLICABLE LAW

The present general conditions are subject to the application of French law, excluding the provisions of the Vienna Convention.

The parties undertake to seek an amicable solution to any dispute that may arise from the interpretation or performance of the Contract.

If they fail to do so, the parties shall submit the dispute to the Commercial Court of NANTES.

ARTICLE 23 - PROTECTION OF PERSONAL DATA

All the data given by the customer are given in order to process the orders.

In accordance with the law n°78-17 of January 6, 1978 relating to data processing, the files and freedoms, you have with the salesman a right of correction, consultation, modification and suppression of the data which you communicated to us.

Furthermore, the customer is entitled to request a limitation of the processing of his data as well as a right to the portability of these.

The requirement for personal data is contractual.

Failure to provide personal data may result in the abandonment of the sales process insofar as the data is required for the order.

The data collected by the seller will not be passed on to third parties.