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| TERMS AND CONDITIONS OF SALE AND USE OF THE COULEUR DIAMANTS WEBSITE |
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ARTICLE 1 General sales terms and object
1.1 : Couleur Diamants ® is a trade mark near INPI. Recording number 073520842. Any commercial use of this name would involve continuations.
This site was declared with the CNIL under the number of declaration 1253990.
1.2 : The present general sales terms and conditions apply to the sales of products or provisions of services carried out to the sites www.couleur-diamants.com or www.couleur-diamants.fr properties of the limited liability company Couleur Diamants.
1.3 : These general sales terms and conditions at defining the contractual relations between Couleur Diamants (Salesman), and the Purchaser and the conditions applicable to any purchase carried out by the means of the commercial site of Limited liability company Couleur Diamants, whether the purchaser is professional or consumer.
1.4 : The "salesman" is Couleur Diamants whose registered office is located at:
3741, boulevard Dubouchage,
06000 Nice represented by Mr Frederic Moutier.
The "purchaser" is an individual signatory of the purchase order in line, or which consults Internet (User or Net surfer) site Couleur Diamants.
1.5: The acquisition of a good or a service through this site, this by the means of Internet formula, apart from our Prestige formula, implying a preliminary presentation of the product in question, conforms to the regulation of remote sale (VAD) under condition precedents, governed by article 121-20 of the Code of Consumption French right, like by the present general conditions of sale (L111-1 article of the Code of Consumption).
1.5 : Couleur Diamants limited liability company is reserved to be able to modify its conditions of sale constantly. In this case, the applicable conditions will be those in force at the date of the order by the purchaser.
1.6 : The sale will be known as "firm and final" that after confirmation of order by e-mail.
ARTICLE 2 Identity of the person in charge for the offer
The Couleur Diamants website is property of Mr Frederic Moutier, exploiting the mark Color Diamonds, whose registered office is located at:
" The Consul", 3741, boulevard Dubouchage, 06000 Nice
Phone / fax: +33 (0)9 54 82 51 33
Email: expert@couleur-diamants.com
Code APE: 526B
Intracommunity N°TVA FR47 499.811.750
RCS: Nice 499.811.750
Limited liability company (limited liability company) to the capital for 7000 euros ().
The couleur-diamants.com/fr site proposes with the sale various goods and services:
- The natural diamond sale of natural color, starting from an accessible catalogue on Internet.
- An intermediation for the purchase of diamonds not included/understood in the catalogue within the framework of a contract of mandate (estimate).
ARTICLE 3 Characteristics of the goods and services suggested
3.1 : In reference to the article L 111-1 of the code of consumption, couleur-diamants.com or color-diamants.fr, presents on its site the characteristics of the products and the services suggested at the sale.
3.2 : The offers of sale contained in our shop on line are valid as long as they remain on line and as long as they are available. Each product "diamond" with a reference number and each reference a "gemmologic descriptive card" which shows the principal characteristics of diamond such that they are reproduced on the certificate independent of gemmology. Our photographs are not contractual.
3.3 : Each delivered Product equal or higher than 0,40 carat is provided, without additional charge, with a diamond certificate established by a laboratory independent of gemmology (such as IGI, GIA, HRD) which describes their particular characteristics and comprises a single reference number . The contrary case in lower parts of 0,40 carat; according to the color, we place at your disposal a certificate established by our team of gemmologist within our laboratory of gemmology, and this on a purely free basis.
3.4 : Couleur Diamants reserves the right to modify without preliminary opinion the products or the services presented in the catalogue, however the already ordered products or services will not be to in no case to modify.
3.4 : If need be, the customer with the possibility of contacting color diamonds by telephone, fax or email in order to obtain further information on the products and the services proposed.
3.5 : On simple request with the help of a cost of 40 euros, the customer can make engrave on the rondist of the stone (nonvisible with the naked eye) the number of recording of the certificate or a personal message, with an aim of satisfying his personal message or insurance company, according to the message chosen, forever the present.
ARTICLE 4 Pricing
4.1: The prices of the products and the services are indicated in euros () Including all taxes, except costs carriage (packing and insurances).This service of engraving will not be able to in no case to be the subject of a refunding.
4.2: Couleur Diamants reserves the right to constantly modify the prices in its catalogues and without notice, being specified that the applicable conditions are those in force on the site at the time of recording of your order. The prices can be modified according to the availabilities, of market and the rate rates of exchange of the US dollar. The selling price retained for the purchase of a product or a service corresponds to that observed on line by the customer and validated by Couleur Diamants at the time of the recording of the order.
ARTICLE 5 Order taking
5.1 : The Purchaser, who wishes to buy a product or a service must obligatorily:
To fill the card with identification on which it will indicate all the co-ordinates relating to its identity. It will be in dies to place an order at Couleur Diamants limited liability company directly on Internet site www.couleur-diamants.com by filling a purchase order on line by giving all the references of the products or services selected.
5.2 : Couleur Diamants begins with confirmed by email any order placed near www.couleur-diamants.com.
5.3 : In order to allow has the Purchaser to reconsider his order on line, the salesman envisaged three screens of validation and acceptance. The order will be definitively recorded only with the third and last validation of the summary screen of order. The confirmation of order involves acceptance of these conditions of sale. The whole of the provided data and the recorded confirmation will be worth proof of the transaction. After checking and confirmation of his order, the Purchaser carries out the payment.
5.4 : With the reception of the payment and if the product is available, an email of confirmation will be dispatched with the Purchaser. In the case or the products would be inalienable at the time of the reception of the entirety of the payment, the order is cancelled and the already versed sums are restored with the customer, without the responsibility for the salesman being able to be committed. The customer will be able also to ask for an exchange of the order.
5.5 : Electronic signature
The "double click " of the Purchaser under the purchase order constitutes an electronic signature which has, between the parts, the same value as a handwritten signature.
ARTICLE 6 Delivery delay
6.1: Free delivery for France is offer by Couleur Diamants. For a delivery in Europe or country outside Europe, we will inform you that an additional charge will be invoiced, contact us by mail at expert@couleur-diamants.com, we will let you know the all details.
6.2: The Purchaser will be always informed before the final stage of his ordering of the amount of the expenses of delivery (free for France) related to this one. The delivery of products within the estimated delivery time cannot be accomplished until the client has paid in full the amount due for each product that was included in order, and the associated delivery fees. In no case does exceeding the estimated delivery time does it entitled the client to cancel any orders currently being processed.
ARTICLE 7 Delivery methods
7.1 : According to the value of the article, we propose a sending in declared value to you (Station), or by a conveyor independent of our choice. Moreover, the parcel which you will receive is not marked any "Color Diamonds": this for reasons of safety. Any parcel is ensured and remains under our responsibility until its delivery with the desired address. Sending under discrete fold in a protected small pocket.
7.2 : The Products are delivered to the address of delivery indicated by the Purchaser during the process of order. You must contact Us (see article 2) if You wish to be delivered outwards of the European Union.
7.3 : The delivery is considered effective with the first presentation of the goods to the address of delivery indicated by the customer at the time of his order. The goods will be delivered only against signature by the Purchaser of a form of transport for reception in conformity.
7.4 : On the assumption of an absence of the customer during the delivery, a transit advice note will be deposited in its letter-box inviting it to withdraw its parcel with the address indicated on the transit advice note.
7.5 : Couleur Diamants declines any responsibility on the assumption that the delivered article would not respect the legislation of the country of delivery.
ARTICLE 8 Problems of delivery
8.1 : Each Product is carefully inspected before transport. The Purchaser must carry out an inspection similar to the moment of the reception.
8.2 : Problems of delivery because of the conveyor
Any anomaly concerning the delivery (produced missing compared to the delivery order , damaged parcel, broken products...) will have to be imperatively indicated on the delivery order in the form of "handwritten reserves ", accompanied by the signature of the customer. The Purchaser will have in parallel to confirm this anomaly while addressing to the conveyor in the two (2) following working days the delivery date a mail recommended with acknowledgement of delivery exposing say them "complaints". The consumer will have to transmit copy of this mail by fax or simple mail to Couleur Diamonds.
8.3 : Errors of delivery
8.3.1 : The Purchaser will have to formulate near the company Couleur Diamants the day even of the delivery or at the latest the first wrought day following the delivery, any complaint of error of delivery and/or nonconformity of the products in kind or in quality compared to the indications being reproduced on the purchase order. Any complaint formulated beyond this time will be rejected. The formulation of this complaint near the company Couleur Diamants could be made: by telephone, or, after having entered your number of customer, you will be able to ask us your question through the menu to contact us by specifying the reference of the order well.
8.3.2 : Any complaint not carried out in the rules defined above and the time limits could not be taken into account and will release the company Couleur Diamants of any responsibility with respect to the Purchaser.
8.3.3 : With reception of the complaint, the company Couleur Diamants will allot a number of exchange product (S) concerned (S) and will communicate it by e-mail, by fax or by telephone the Purchaser has. The exchange of a product can take place only after attribution with the consumer of a number of exchange according to the step presented above.
ARTICLE 9 Retractation clause and possible exclusions
9.1 : The purchasers, physical people nonprofessional, profit from a time from retractation. According to CODE CONSUMPTION Article L121-20, the consumer has a time of seven days frank as from the delivery of the order to exert its right of retractation for exchange or refunding without having to justify reasons nor to pay penalties, with the exception, if necessary, expenses of return.
9.2 : Couleur Diamants chose to widen this right of retraction to 30 days.
9.3 : Only the products available will be taken again in our selection in formula Internet, they will have to be returned in their in their packing of origin and in a perfect state of resale. Are excluded from the right of retraction within the framework of our activity, diamonds having been the subject of the formula prestige with payment after presentation of the article as well as the articles bought after acceptance of estimate, both will not be to in no case subjected to the right of 30 days retraction.
9.4 : Any diamond under seal or not which will have been damaged, striped, carried or whose packing of origin will have been deteriorated, neither will be refunded nor exchanged and turned over to its shipper and his expenses.
ARTICLE 10 Methods of recovery
10.1 : In order to allow Couleur Diamonds to define the exact clauses of the return of the product, the customer will inform couleur-diamants.com of his intention to turn over the product by email, before the expiry of the 30 days period. Couleur Diamants will accept however the exchange and the refunding of the products only if all and each following condition are filled.
10.2 : Certified diamonds, delivered under seal of the laboratory independent of gemmology (IGI or HRD, GIA, LFG, etc) default option validated at the time of the order, must be turned over in their seal of origin closed with the original certificate and its duplicate, in perfect state, and be accompanied by a copy by the purchase invoice or purchase order.
10.3 : In the case or the seal was open, refunding will be done only after inspection or Re-certification by the same laboratory independent of gemmology for conformity with quality sent, made deduction of the expenses of Re-certification including the insurance and transport charges associated with this procedure.
10.4 : For the certified diamonds delivered under fold opened, option validated at the time of the order, refunding will be done after inspection for conformity with quality sent. Inspection made by our care.
10.5 : The product must be turned over, except contrary specification, at our address:
CD
" The Consul"
37/41, boulevard Dubouchage
06000 Nice
By "the Post office" in value declared for a sending of 500 and more or in Colissimo. Recommended, or by our private conveyor, we will inform you by email of the procedure to follow the case falling due. The expenses of return and insurance are with your load and will be deduced from safe refunding in the event of a return for reasons of non conformity of a market product compared to the ordered product. In these cases, refunding will be 100%.
10.6 : Time of refunding
We refund you within 30 maximum day after the sending of the confirmation of reception of the product to the customer. Refunding could be carried out only by transfer on the bank account or postal which will have been used initially for the payment of the product by the customer or according to suitability of the customer.
ARTICLE 11 Payment methods
11.1 : In the event of sale in line (formula Internet), the payment will be required in advance with the customer for the total amount of the purchase, integrating the prices of the products and services ordered and the expenses of delivery.
The accepted modes of payment are:
- Payment on line, by bank card or of credit (Blue Chart, Visa, Eurocard MasterCard, American express train), with payment made safe by the Paypal system. This mode of payment is accepted for all payments lower than 10 000.
- with payment made safe by the Paypal system, for the whole world.
- By Cash on Delivery: only for the Metropolitan France and Monaco, for amounts lower than 1000 euros. This mode of payment is fixed with additional expenses of 25 euros.
- By wire transfer :(the EEC minimum 100 euros, except the EEC minimum 500 euros). For raised amounts, a payment by credit transfer or "bank draft " could be required.
Click here to download our banking references (in PDF format).
- By check : only made out in exclusively drawn euro on a French bank. Payment by cheque with the order of Color Diamonds.
- By money order : French or international (western union) with:
COULEUR DIAMANTS
"The Consul"
37/41, boulevard Dubouchage 06000 NICE
11.2 : The transfer of property of the Product to the profit of the Purchaser, will be carried out only after the checking of the data necessary for the payment, and this which that is the delivery date of the Product.
ARTICLE 12 Modes of payment of the VAT
HT = Net of tax; Including all taxes = All Inclusive of tax. Except contrary mention, the prices indicated on the Site are including all taxes.
- Forwarding in Metropolitan France: Private individual Company : VAT is due and added to the invoice, the sale is All Inclusive of tax (including all taxes). The rate in force in France being of 19.6%.
- Forwarding in a Member State of the European Union: Private individual: The VAT is due and added to the invoice, the sale is All Inclusive of tax (including all taxes). The rate in force in France being of 19.6%. Company: exonerated of VAT (VAT), the invoiced price is Net of tax.
- Forwarding in third countries (except European union): inform you near your local customs authorities to know the possible taxes of importation to your load.
ARTICLE 13 Non-payment
In the event of non-payment total or partial of the goods delivered to the day of the reception, Color Diamonds the full sale without opinion nor time will be able to cancel and will be able, if necessary, to require with the expenses of the customer the restitution of the product. The purchaser will have to once pour at the company Couleur Diamants a penalty of delay equal to and half the legal rate of interest. The legal rate of interest selected is that in force at the day of the delivery of the goods. This penalty is calculated on the amount net of tax of the sum remaining had, and runs as from the expiration date of the price without no setting in preliminary residence being necessary.
If in the fifteen days which follow the implementation of the clause "Non-payment", the purchaser did not discharge sums remaining had, the sale will be solved of full right and will be able to open right to the allowance of damages to the profit of the company (company name).
ARTICLE 14 Guarantee of the products: "Process of Kimberley"
14.1 : Us let us guarantee that it or the diamond (S) which is delivered to you is or are in conformity (S) with (X) diamond certificate which accompanies it.
14.2 : All the diamonds proposed with the sale on our Site are in conformity with the process of Kimberley. Our recognized suppliers and benches are committed not providing "diamonds of war".
14.3 : Couleur Diamants endeavors to describe and present the Products with the highhest possible degree of accuracy. However, it is impossible to reproduce with exactitude the real color of one diamond to the screen, moreover the result of the color depends on computer equipement used by the User/Buyer, also the responsibility for the Site cannot be committed as regards reliability of the colors. In all the cases, description always carries it on the photograph.
14.4 : The customer profits from the guarantee against the hidden defects. On this assumption, the customer will be able to choose between the cancellation of the contract against full repayment of the versed sums and the expenses of return and the conservation of the article delivered with the help of a reduction of the price. For that, the customer will have to address himself to the after-sales service of the company.
ARTICLE 15 Guarantee concerning the Site
Couleur Diamants does not authorize any guarantee on the Site and/or the Contents. In particular, color diamonds does not grant any guarantee as for the conformity of the elements of the Site any particular use. Couleur Diamants does not guarantee only the contents or another element which figure will be constantly available, uninterrupted there or without error, that the possible defects or errors will be immediately corrected or which the site or its waiter will be constantly free from viruses or other components likely to cause a damage.
ARTICLE 16 Responsibility
16.1 : The products offered on the couleur-diamants.com/.fr site answer the French legislation in strength. Couleur Diamants declines any responsibility if the delivered article does not respect the legislation of the country of delivery (except France). It rests with to you to check near the local authorities the methods of importation of the products which you plan to import in your country and to respect them under your whole responsibility.
16.2 : The responsibility for the company color-diamonds could not be implemented if non-fulfilment or the delay in the execution of the one of its obligations described under the present general conditions of sale rises from a case of absolute necessity.
For this reason, the cause beyond control gets along of any external, unforeseeable and irresistible event within the meaning of article 1148 of the Civil code. Are regarded as case of absolute necessity or fortuitous occurences, in addition to those usually retained by the decisions of the courts and the French courts: the blocking of the provisioning or means of transport, earthquakes, fires, storms, floods, the lightning; the stop of the telecommunications networks or difficulties specific to the external telecommunications networks to the customers.
16.3 : Couleur Diamants limited liability company declines any responsibility as for the contents for the sites on which bonds hypertexts can return starting from its own site.
ARTICLE 17 Intellectual property
17.1 : All the texts, comments, works, illustrations and images reproduced on the sites color-diamants.fr and couleur.diamants.com are reserved under the royalty like to the intellectual document of title and whole world. For this reason and in accordance with the provisions of the code of the intellectual property, only the use for a private use subject to provisions different even more restrictive from the code of the intellectual property is authorized. Any reproduction total or partial of the site Couleur Diamants is strictly prohibited.
17.2 : Any simple bond or by hypertext is strictly interdict without a purposely written agreement of Color Diamonds.
ARTICLE 18 Digital Information and freedom
Information which is requested from the consumer is necessary to the treatment of its order and could be communicated to the contractual partners of the company Couleur Diamonds intervening within the framework of the execution of this order. The consumer can write at the company Couleur Diamonds whose co-ordinates are within the charter of confidentiality appearing in the framework of the Web site, to be opposed to such a communication, or to exert his rights of access, of correction with regard to information relating to it and appearing in the files of the company Couleur Diamonds under the conditions envisaged by the law of January 6, 1978.
ARTICLE 19 Copyright
All the elements on couleur-diamants.com or www.couleur-diamants.com - including but not limited to content, text, pictures, graphics, animations, HTML and JavaScript code - are the exclusive property of Couleur Diamants.
Couleur Diamants authorizes its visitors to electronically copy or print parts or all of its web site strictly for personal, informative purposes. Any unauthorized use - including but not limited to copying for purposes other than the one mentioned above, reproducing, modifying, distributing or diffusing components, parts or all of this web site in any way - is entirely prohibited and constitutes a violation of copyright laws. All copyright infringements will systematically be taken before a Court.
ARTICLE 20 Applicable law
This General Conditions contract of Sale is subjected to the French right. Any litigation relating to the interpretation and the execution of these general conditions of sale is subjected to the French right.
In the absence of friendly resolution, the litigation will be carried in front of the Commercial court of Nice.
ARTICLE 21 Others
21.1 : The site color-diamonds was created in France, it is the subject of a system of security.
We adopted the process of encoding SSL, but we also reinforced the whole of the processes of jamming and encoding most effectively to protect possible all the significant data related to the means of payment.
21.2 : Filing Proof of the transaction
The computerized registers, preserved in the information processing systems of the company "Color Diamonds "under reasonable conditions of safety, will be regarded as the evidence of the communications, the orders and the payments occurred between the parts. The filing of the purchase orders and the invoices is carried out on a reliable and durable support being able to be produced as proof in accordance with the provisions of article 1348 of the Civil code.
21.3 : Our offers of estimates (apart from the option asks specific) are intended exclusively to the professionals, for an amount of minimum purchase of 1000 euros. They engage us only for one action pursuant taken in the ten days of their handing-over. In the event of agreement, a total payment with the order is required, by check, By money order or wire transfer. A request for estimate is free, however according to research; a share in the expenses will be indicated to you in the email of confirmation. |
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