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. Personal data

 

In general, you can visit www.i-diamants.com without disclosing any personal information about you. In any case, you are in no way obliged to transmit this information to ID. However, in case of refusal, you may not be able to benefit from certain information or services that you have requested. As such, ID may be required in certain cases to ask you to enter your name, email address, telephone number, company and function (hereinafter your "Personal Information"). By providing this information, you expressly agree that it will be processed by ID, for the purposes indicated in point 7.2 below, as well as for the purposes stated at the end of each form. In accordance with the General Data Protection Regulation ("General Data Protection Regulation") adopted by the European Parliament on April 14th, 2016, and the Data Protection Act of January 6th, 1978, ID informs you of the following:

 

7.1. Identity of the controller:

 

The controller is ID DE HANTSETTERS SARL, headquartered at 455 Promenade des Anglais, Porte de l'Arenas, Hall C, 6th floor, CS13326, 06206 Nice Cedex 3 - France.  Phone number. : + 33 (0) 4 93 18 73 58.

 

7.2. Purposes of the treatment

 

ID may process your Personal Information:

(a) for the purpose of providing you with the products and / or services and / or information that you have ordered or requested (in particular: the sending of quotes, order forms ...);

and or

(b) for the purpose of collecting information that enables us to improve our Site, our products and services (including cookies)

and or

(c) for the purpose of contacting you about various ID events, including product updates and customer support.

 

7.3. Recipients

 

Only ID is the recipient of your Personal Information. These, whether in individual or aggregated form, are never transmitted to a third party, notwithstanding the subcontractors to whom ID uses. Neither ID, nor any of its subcontractors, sells the personal data of visitors and Users of its Site.

 

7.4. The duration of the conversation

 

Your Personal Information is kept by ID only for the time corresponding to the purpose of the collection as indicated in 7.2 above which can not in any case exceed 24 months.

 

7.5. Computer Rights and Freedoms

 

You have the following rights regarding your Personal Information, which you can exercise by writing to us at the postal address mentioned in point 7.1 or by completing the contact form.

 

7.6. Right of access and communication of data

 

You have the faculty to access the Personal Information that concerns you. However, due to ID's obligation of security and confidentiality in the processing of personal data, you are informed that your application will be processed provided that you provide proof of your identity, including the production of your personal data. a scan of your valid identity document (in case of request via our contact form below in 7.5) or a signed photocopy of your valid identity card (in case of a written request to the postal address mentioned in point 7.1). ID informs you that it will be entitled, if necessary, to oppose obviously abusive requests (by their number, their repetitive or systematic nature). To help you in your process, especially if you wish to exercise your right of access by means of a written request to the postal address mentioned in point 7.1, you will find by clicking on the following link a mail template developed by the National Commission of Computing and Liberties (the "CNIL"). https://www.cnil.fr/en/home

 

 

7.6.1. Right to rectify data

 

Under this right, the law allows you to request the rectification, updating, locking or deletion of data concerning you that may be inaccurate, erroneous, incomplete or obsolete. Also, you can set general and specific guidelines regarding the fate of personal data after your death. In this case, the heirs of a deceased person may demand to consider the death of their loved one and / or to make the necessary updates.

 

To help you in your process, especially if you wish to exercise, for your own account or on behalf of one of your deceased relatives, your right of rectification through a written request to the postal address mentioned in point 7.1, you will find by clicking on the following link a mail template developed by the CNIL. https://www.cnil.fr/en/home

 

 

7.6.2. Right of opposition

 

The exercise of this right is only possible in one of two situations:

a). When the exercise of this right is based on legitimate grounds;

or

b). When the exercise of this right is intended to prevent the collected data from being used for commercial prospecting purposes.

 

To help you in your process, especially if you wish to exercise your right of opposition by means of a written request addressed to the postal address indicated in point 7.1, you will find by clicking on the following link a model of mail elaborated by the CNIL. https://www.cnil.fr/en/home

 

 

7.6.3 Response time

 

ID undertakes to respond to your request for access, rectification, opposition or any other request for additional information within a reasonable period of time, which may not exceed one month from receipt of your request.

 

7.7. Authorized service providers and transfer to a third country of the European Union

 

ID informs you that it uses its authorized service providers to facilitate the collection and processing of the data you have provided. These providers may be located outside the European Union and have the data collected through the various forms available on the Site. ID has previously ensured the implementation by its providers of adequate guarantees and compliance with strict conditions of confidentiality, use and data protection. In particular, vigilance was focused on the existence of a legal basis for any transfer of data to a third country. As such, one of our service providers is subject to internal corporate rules (or "Binding Corporate Rules") that were approved by the CNIL in 2016 when others obey not only Standard Contractual Clauses but also Privacy Shield.

 

7.8. Complaint to the competent authority

 

If you consider that ID does not comply with its obligations regarding your Personal Information, you may address a complaint or request to the competent authority. In France, the competent authority is the CNIL to which you can send a request electronically by clicking on the following link: https://www.cnil.fr/en/home

 

 

7.9. Right to erase data (right to be forgotten)

 

Under the provisions of Article 17 of the RGPD, you have the right to the erasure of your data, so you have the right to obtain from the person responsible for the treatment of ID, the erasure, as soon as possible, data personal information about you and the data controller has the obligation to delete such personal data as soon as possible. Your request will be processed provided that you provide proof of your identity, including the production of a scan of your valid ID or a signed photocopy of your valid ID (if requested by written).

 

8. Cookies Policy

 

During your first connection on the website www.i-diamants.com, you are warned by a banner at the bottom of your screen that information about your browsing may be saved in files called "cookies". Our cookie policy allows you to better understand the provisions that we implement in terms of navigation on our website. It informs you in particular about all cookies on our website, their purpose (8.1) and gives you the procedure to set them (8.2.)

 

8.1. General information about cookies on the ID website

 

ID, as publisher of this website, may proceed to the implementation of a cookie on the hard drive of your terminal (computer, tablet, mobile etc.) to ensure a smooth and optimal navigation on our site Internet. "Cookies" are small text files that allow us to recognize your computer, tablet or mobile device in order to personalize the services we offer. The information collected through cookies does not in any way identify you by name. They are used exclusively for our own needs in order to improve the interactivity and the performance of our website and to send you contents adapted to your centers of interests. None of this information is disclosed to third parties except where ID has obtained prior consent or when the disclosure of such information is required by law, by order of a court or any administrative authority or judicial authority to know.

 

8.2. Setting your cookie preferences

 

You can accept or refuse the deposit of cookies at any time. When you first log in to the ID website, a banner briefly outlining information about cookies and similar technologies will appear at the bottom of your screen. This banner warns you that by continuing your navigation on the website of ID (by loading a new page or by clicking on various elements of the site for example), you accept the deposit of cookies on your terminal. You are also deemed to have consented to the deposit of cookies by clicking on the "X" icon to the right of the banner at the bottom of your screen.

 

a). You have various tools for setting cookies.

 

Most Internet browsers are configured by default so that cookies are allowed to be posted. Your browser offers you the opportunity to change these standard settings so that all cookies are rejected systematically or that only part of the cookies is accepted or refused according to their issuer. ATTENTION: we draw your attention to the fact that the refusal of the deposit of cookies on your terminal is nevertheless likely to alter your user experience as well as your access to certain services or features of this website. If necessary, ID declines all responsibility concerning the consequences related to the degradation of your browsing conditions that occur because of your choice to refuse, delete or block cookies necessary for the operation of the site. These consequences can not constitute damage and you can not claim any compensation for this fact. Your browser also allows you to delete existing cookies on your device or to notify you when new cookies may be placed on your device. These settings do not affect your navigation but you lose all the benefit of the cookie. Please find below the many tools available to you so that you can set the cookies on your device.

 

b). The setting of your Internet browser.

 

Each Internet browser has its own cookie management settings. To find out how to change your cookie preferences, you will find below the links to the help you need to access your browser's menu provided for this purpose.

 

Chrome : https://support.google.com/chrome/answer/95647?hl=fr? Firefox : https://support.mozilla.org/fr/kb/activer-desactiver-cookies

Firefox: https://support.mozilla.org/fr/kb/activer-desactiver-cookies-preferences?redirectlocale=fr&redirectslug=activer-desactiver-cookies

Internet Explorer : https://support.microsoft.com/fr-fr/help/17442/windows-internet- explorer-delete-manage-cookies - ie=ie-11

Opera : https://www.opera.com/help/tutorials/security/privacy/

Safari : https://support.apple.com/fr-fr/guide/safari/sfri11471/mac

 

 

For more information on the tools of control of cookies, you can consult the Internet site of the CNIL.

 

9. 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.

 

10. Various

 

10.1. 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.

 

10.2 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.

 

10.3 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...

 

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