GST

 

General Sales Terms & Conditions of the "I-Diamants" (ID) website

 

1. Preamble, object, and identity of the party in charge of the offer

 

1.1 Our activity concerning orders realised through the Internet (IO) and excluding orders realised with our Traditional Formula (TF), which imply a preliminary presentation of the offered product, complies with the mail order sales regulation as stipulated in the Consumption Code of the French law.

 

We comply with this regulation in the respect of the consumer’s rights and of his/her protection. And, as stated by Antigone: “The respect of non-written law puts the laws of the city into perspective”, we are fond followers of the given word and wish to avoid law suits, since our creed is a durable satisfaction of the customer. Beyond the general terms and conditions described below, we interpret all request in the same state of mind.

 

We will develop hereafter the most important points as well as those which i-diamants has chosen to broaden for the benefit of the buyer, such as for example the right to renege (14 days), which has been extended to a 30-Day guarantee, taking into account the particularity of the product.

 

You can find the reference texts about mail order sales regulations, as well as references to articles of the French Law and answers to frequently asked questions, on the mail-order sales and electronic trade website:http://www.fevad.com . You can visit it and read the Reference Texts page in the Documentation section.

 

For all internet orders (IO) which imply mail-order sales, you should be aware and agree with the regulation for selling by mail-order and the arrangements as they are covered or explained here.

 

The present general sales terms & conditions apply to, on the one side:

 

1.2 The party responsible for the offer


The society with the social denomination of “ID De Hantsetters” , with the commercial surnames of “I-Diamants” (further referred to as: ID, its official abbreviation) and “I-Joaillerie”, private (limited) company registered on April 15th 1999 and inscribed in the Business and Societies Register with the following identification number: 422 585 323 R. C. S. Nice. Inter-community VAT number FR 284 22 585 323. Its headquarters are located at 455 Promenade des Anglais, Porte de l’Arénas Hall C, CS 13326, F-06206 Nice Cedex 3, France (hereafter and previously referred to as “I-Diamants”, “ID”, “we”, “our”, whether in capital letters or small letters).
Whose contact details are:
E-mail address: info@i-diamants.com
Phone number: +33 (0)4 93 18 73 58
Free call in France: 0800 400 820

And

All physical adult person, acting exclusively according to his/her own private needs, who consults the internet site www.i-diamants.com (hereafter referred to as “the website” or “the site”) and/or realises a mail-order purchase with I-Diamants, hereafter and previously referred to as “You”, “Your”, “the user”, “the customer”, “the client”, “the buyer”, whether in capital letters or in small letters).

 

2. Elements of the online purchase process


Offers, order, differed payment, order depending on availability, confirmation of reception of the order, of its validation and of its shipping.

 

2.1 Offers: content, price, delivery deadlines

 

2.1.1 The sale offers presented in the online “Catalogue” and in the ‘Selection Offer”, which is a sub-part of the catalogue, are valid as long as they are online and available. Each diamond offer has a reference number and each reference has a “diamond card”, which covers the main characteristics of the diamond as they appear in the independent gemmological certificate.

 

2.1.2 The prices. ID maintains the right to change prices in the catalogue at any time and without previous notice, we point out that the applicable conditions are those into force on the site at the moment your order is registered.
The guaranteed purchase price is therefore the one indicated in euro in the catalogue at the time of purchase, which is materialised by a confirmation e-mail to inform you that your order has been received.
The delivery fees, free for mainland France and Monaco except for a payment on delivery, are clearly stipulated in the order form.

 

2.1.3 Delivery deadlines. Except in cases where the parties have agreed otherwise, the ordered products will be delivered within a maximum of 30 days, starting from the time the order is validated. The deadline will generally be much shorter...

 

2.2. The Order

 

2.2.1 Confirmation of the order reception


After having checked and confirmed the order, the customer will proceed to the payment: the website then passes on to a secured payment interface (https). The order reception is confirmed by an e-mail. The online payment is deferred: the bank withdrawal from the customer’s bank account will only go through after ID has validated it.

 

2.2.2 Confirmation of the order validation


An order is validated once the payment has been accepted by the bank payment centres and by Fia-Net, and once the ordered diamonds’ availability has been checked.
The order is subject to availability. In case an ordered diamond is not available, ID will cancel the order as well as the payment (which has remained deferred) . ID may suggest a selection of similar or superior quality diamonds, but all changes will be considered as a new order which will require the customer’s confirmation. Each diamond being unique, there is no way a substitution will be realised without your explicit approval.
We will confirm this validation of the order by e-mail, which can take up to 7 days.

 

2.2.3 Confirmation of the shipping


We will confirm the date of the shipping of the order by e-mail.

 

3. Delivery, right to renege, 30-Day guarantee

 

3.1 The delivery will be considered completed on the day of the first presentation of the products at the delivery address indicated. The transfer of property of the products will take place as soon as the integral payment of the price has gone through, the transfer of the risks on the products will take place at the moment of delivery. If you have any doubts, you may exercise your right to renege.

 

3.2 Right to renege


By applying articles relative to the right to renege for mail-order sales from the Consumption Code, you have at your disposal a delay of 14 clear days, starting from the time the products have been received, to exercise your right to renege without having to justify your motives or to pay any penalties except for the return fees. (I-Diamants has chosen to broaden this right to renege: See 3.3 30-Day Guarantee).
Note: for those who chose the Traditional Formula with a payment after presentation, the 30-day guarantee cannot be applied, since the payment goes through only once it has been approved.

 

3.2.1 Exercising your right to renege is subject to the following conditions:

 

Certified diamonds, delivered sealed from the gemmological laboratory (default option validated at the time of ordering), must be returned in their intact original sealed packaging (=closed) with the original certificate and its duplicate, in perfect condition, including the packaging accessories, jewel case, 10x diamond magnifying glass… since they are part of the original parcel, and accompanied by a purchase invoice.

 

If the sealed package has been opened, the refund will only be completed once it has been verified that the quality of the product is consistent with the quality of it when it was sent; and, in case of doubts, the refund will only be completed once the same independent gemmological laboratory who had initially certified the diamond re-certifies it again, deducing the re- certification fees as well as the transportation fees and insurance fees linked to these procedures.

 

For certified diamonds sent in an envelope (=open) (option validated at the time of ordering), the refund will be completed once it has been verified that the quality of the product is consistent with the quality of it when it was sent. We will proceed to the inspection; we advise you, in order to avoid any doubts or law suits, to choose diamonds delivered sealed by the gemmological laboratory.

 

You must inform ID in writing (email, fax or letter) of your decision to return the product and follow the instructions we will communicate to you about how to proceed to the return.

3.2.2 Instructions for returns

Unless it is specified otherwise, the product must be sent back to our address, ensured for the amount shown on the invoice, using a special packaging which will be provided to you, and using the carrier we have chosen (through the normal postal services as a Declared Value or through our private carrier who will come to pick up the parcel on the given date at the address that has been agreed upon previously).


The additional delay between the moment of the notification and the provision of the logistics for the return will not be considered as part of the seven days.


3.2.3 Return fees and insurance fees are your responsibility and will be deducted from the refund, unless the product is returned because the delivered item(s) do(es) not comply with the original order, or in the case of a late delivery. In this case, 100% will be refunded.

 

3.2.4 Refund deadline


You will be refunded within a maximum of thirty (30) days after the date your right to renege has been applied, provided that the return has been received unreservedly and that the conditions described in 3.2.1 have been respected.

3.2.5 Exclusions from the right to renege


The right to renege cannot be put into practice, unless the parties have agreed otherwise, for goods manufactured according to the consumer’s specific demands or for clearly personalised goods.

 

In the frame of our activity, diamonds where a laser inscription or other has been applied after a special request from the customer are excluded from the right to renege (diamonds that have an inscription with the certificate number to begin with, such as GIA certified diamonds, are not excluded).

 

All orders for the cut or the re-cut of a diamond belonging to a client are excluded from the right to renege.

 

Jewels are excluded. Indeed, our offer does not contain pre-manufactured jewels; each jewel is made-to-order, by hand, in a traditional way according to the client’s specifications.

 

3.3 30-Day guarantee


Beyond the afore mentioned right to renege (3.2) and up to thirty (30) calendar days after the delivery, we provide you with the possibility of returning the ordered products in exchange for a refund or a swap.

 

3.3.1. The right to exercise the satisfied or reimbursed 30-Day guarantee depends on the following conditions:

 

Certified diamonds, delivered sealed from the gemmological laboratory (default option validated at the time of ordering), must be returned in their intact original sealed packaging (=closed) with the original certificate and its duplicate, in perfect condition, including the packaging accessories, jewel case, 10x diamond magnifying glass… since they are part of the original parcel, and accompanied by a purchase invoice.

 

If the sealed package has been opened, the refund will only be completed once it has been verified that the quality of the product is consistent with the quality of it when it was sent; and, in case of doubts, the refund will only be completed once the same independent gemmological laboratory who had initially certified the diamond re-certifies it again, deducing the re- certification fees as well as the transportation fees and insurance fees linked to these procedures.

 

For certified diamonds sent in an envelope (=open) (option validated at the time of ordering), the refund will be completed once it has been verified that the quality of the product is consistent with the quality of it when it was sent. We will proceed to the inspection; we advise you, in order to avoid any doubts or law suits, to choose diamonds delivered sealed by the gemmological laboratory.

 

You must inform ID in writing (email, fax or letter) of your decision to return the product and follow the instructions we will communicate to you about how to proceed to the return.

 

Unless it is specified otherwise, the product must be sent back to our address, ensured for the amount shown on the invoice, using a special packaging which will be provided to you, and using the carrier we have chosen (through the normal postal services as a Declared Value or through our private carrier who will come to pick up the parcel on the given date at the address that has been agreed upon previously).

 

The additional delay between the moment of the notification and the provision of the logistics for the return will not be considered as part of the thirty days.

 

If the return is accomplished because of non-compliance of the delivered product, we will refund you 100%.If the return is accomplished for reasons other than non-compliance, for example because you have changed your mind, which is your right, fees amounting to a maximum of 10% of the invoiced amount will be deducted from the refund, with a minimum of 150 euro on top of the return fees and insurance fees which are your responsibility.


3.3.2 Refund deadline

 

You will be refunded within a maximum of thirty (30) days after the date your right to renege has been applied, provided that the return has been received unreservedly and that the conditions described in 3.3.1 have been respected.

 

3.3.3 Exclusions from the 30-Day guarantee

 

The 30-Day guarantee cannot be put into practice, unless the parties have agreed otherwise, for goods manufactured according to the consumer’s specific demands or for clearly personalised goods.

 

In the frame of our activity, diamonds where a laser inscription or other has been applied on special request from the customer are excluded from the 30-Day guarantee.

 

All orders for the cut or the re-cut of a diamond belonging to a client are excluded from the 30- Day guarantee.

 

Jewels made-to-order according to the client’s specifications are excluded. (Pre-manufactured, ready-to-wear jewels are covered by the guarantee).

 

4. Guarantees concerning the products and the website

 

4.1 Guarantee concerning the products


We guarantee that the diamonds which have been delivered to you mounted on jewels comply with the diamond certificate(s) that go(es) with it.

 

4.2 Guarantee concerning the website


I-Diamants does not consent to any guarantee on the website or its contents. More specifically, ID does not guarantee that the functions present on the website and that all content or other element present in it will be at all time available, interrupted without any errors, that the possible flaws or errors will be immediately corrected or that the website or its server will at all times be free of viruses or of other components that could cause any damage.

 

5. Responsibility concerning the products and the website

 

5.1 Responsibility concerning the products


The products offered comply with the French law then in force. ID’s responsibility could not be engaged in case of non-respect of the laws in the country where the products are delivered. It is your responsibility to check with your local authorities about the possibilities and terms and conditions for the importation of products you are likely to purchase, and you are fully responsible for respecting them.
Furthermore, if you are likely to enter the website from territories other than France, it is your responsibility to respect the local legislation when this legislation is applicable.

 

5.2 Responsibility concerning the website


The website may contain links to other sites on the internet. These other websites are not under the control of ID and ID is not responsible for the accuracy, the respect of intellectual property, of legality, of decency or of any other aspects of the content of these websites. Including such a link does not imply a previous endorsement from ID, nor any association with its owners. ID cannot guarantee that you will be satisfied of any product or service you may acquire on a third party’s website that was subject to a hyperlink from or to our website, since the channels of other online businesses belong to independent dealers and are exploited by them. ID does not promote any merchandise and has taken no measures in order to confirm the accuracy or the reliability of any information present on third party websites.

5.3 Responsibility, limitations


You accept that all complaints or action that originate from the use of all or of part of the Website or Contract, must be formulated and fully put into practice judicially within one (1) year of the first of the following two dates, or prescription will apply: the date on which the complaint will have been formulated for the first time or the date where the reason for the complaint appeared for the first time.

 

6. Intellectual property

 

6.1 The site and all its elements (including the products), documents and other data present within it (the “Content”), whether visual or audio, are protected by the French and International laws applicable, depending on the circumstances, to fabrication brands, to trade brands or service brands - whether declared as such or not - and to trade names or other distinctive signs, to copyrights, to neighbouring rights, to sui generis rights, to design and model rights, to patents, to manufacturing or commercial secrets or to other rights of the same nature that belong to or that have been licensed to ID.

6.2 Your right to use the website and all its content or element that is present within it is subordinate to your respect of the contract and of all applicable law or regulation. All usage of the website or of all content for any purpose other than that authorised by the contract may represent a violation of our rights or of the rights belonging to our licence distributors:

6.2.1 you may only access all the content and any element of the website and view them if it is for a non-commercial, private usage;

6.2.2 the website and all its content cannot be copied, reproduced, changed, republished, downloaded, posted, adapted, transmitted, distributed or used in any way without previous written authorisation from ID.

 

7. Applicable law – competent jurisdiction

 

The present General Sales terms and conditions contract is submitted to French Law.

In case of a law suit, only the French tribunals will be competent.

 

8. Various

 

8.1. If any clause of the General Sales Terms & Conditions Contract were to be declared illegal, void or inapplicable for any given reason and if it weren’t possible to lawfully replace it with a reasonable clause that has a similar effect (an operation that all parties allow the jurisdiction in charge of the lawsuit to accomplish, providing that the applicable law allows it), this clause will then be considered as liable to be separated from the contract and will not affect the validity and applicability of the others clause, so long as the terms of the applicable law are followed.

 

8.2 The fact that I-Diamants could not exercise one of the rights granted to them by contract could not be interpreted for the future as a renunciation to their right or as an obstacle to the exercise of any other right.

 

8.3 I-Diamants can avail itself, particularly as proof of act, feat or mission, of programs, data, files, recordings, operations and other elements (such as follow-up reports or other types of reports) in kind or on computer or electronic support, established, received or preserved by them directly or indirectly, save obvious abuse or error. You commit yourself to not contesting the admissibility, the validity or the power of proof of the afore mentioned elements in kind or in computer or electronic format or support...

 

8.4 Our website is secured: we have adopted the SSL encryption process.