Terms of sale
This English translation is provided for convenience only. The contract is concluded on the basis of the French version of these Terms of Sale, which shall prevail in the event of any discrepancy or dispute.
Article 1 – Purpose and scope
These Terms of Sale govern the sale of precious, fine and ornamental gemstones, as well as, where applicable, jewellery and settings, concluded on the website www.maximevoillotgems.com ("the Site"), published by Precious Com ("the Seller"). They apply to any order placed by a customer, whether a consumer or a business ("the Client"), regardless of the place of delivery. Any order implies full and unreserved acceptance of these Terms of Sale, which prevail over any other document. The applicable Terms of Sale are those in force on the date of the order. The Client is invited to read them before placing any order, to print them and to keep them.
Article 2 – Products, availability and "price on request"
The products are described as precisely as possible (nature, weight in carats, dimensions, any treatment, certificate). As each stone is unique, the photographs have no contractual value with regard to colour variations perceptible on screen. Certain products are displayed without a public price and sold on request: the Client requests a quote ("Ask for the price") or an appointment, and the sale is only formed after the Client's express acceptance of the quote and confirmation by the Seller. Products are offered subject to available stock; as each stone is a unique piece, its sale results in its removal from the Site.
Article 3 – Ordering
The Client places an order either directly online via the checkout, or, for products on request, by accepting a quote or following an appointment. Online, the Client follows the steps displayed, checks the details of the order, accepts these Terms of Sale (tick box), then gives final confirmation ("confirm order"). The Seller sends a confirmation email summarising the order. Clients who are natural persons declare that they are at least 18 years old and have the legal capacity to contract.
Article 4 – Prices, VAT and costs
Prices are indicated in euros (€).
- For a consumer Client with delivery in France or the European Union, prices are indicated inclusive of all taxes, including French VAT at the applicable rate (20%).
- For delivery outside the European Union, prices are invoiced exclusive of tax; any customs duties, import taxes and formalities are the exclusive responsibility of the Client.
- For a business Client established in the European Union outside France holding a valid intra-Community VAT number, the intra-Community delivery may be exempt from French VAT.
Delivery and insurance costs are indicated before the order is confirmed.
Article 5 – Payment
Payment is made in euros, by bank card, PayPal or bank transfer, via secure payment systems. The order is definitively registered after full payment of the price. In the absence of payment, the Seller may cancel the order without delay. For business Clients only, any late payment automatically gives rise to late-payment penalties at three times the statutory interest rate, as well as a fixed recovery indemnity of €40 (Article L441-10 of the French Commercial Code).
Article 6 – Delivery
Delivery methods, timeframes, costs and insurance are detailed in the Shipping Policy, which forms an integral part of these Terms of Sale.
Article 7 – Right of withdrawal (consumers)
In accordance with Articles L221-18 et seq. of the French Consumer Code, consumer Clients have fourteen (14) days from receipt of the product to exercise their right of withdrawal, without having to give any reason or pay any penalty.
To exercise this right, the Client notifies their decision by an unambiguous statement (letter or email to maximevoillotgems@gmail.com), for example using the model form appended below. The Client then returns the product, in its original condition and complete (packaging, case, certificate of authenticity), no later than 14 days after the notification. Return costs are borne by the Client; given the value of the products, insured and tracked shipping is strongly recommended.
The Client may be held liable for any diminished value of the products resulting from handling other than what is necessary to establish their nature and characteristics. The Seller refunds all sums paid, including standard delivery costs, no later than 14 days after being informed of the decision to withdraw, using the same payment method; the Seller may defer the refund until the product has been recovered or proof of its dispatch has been provided.
Exclusions: in accordance with Article L221-28 of the French Consumer Code, the right of withdrawal does not apply to products made to the Client's specifications or clearly personalised, in particular bespoke settings and jewellery. In the absence of complete information on the right of withdrawal, the period is extended in accordance with Article L221-20.
Article 8 – Legal guarantees
Independently of any commercial warranty, the Seller remains bound by the legal guarantees:
- the legal guarantee of conformity (Articles L217-3 et seq. of the French Consumer Code), which applies for two (2) years from delivery of the goods; the Client does not have to prove the existence of the lack of conformity during the 24 months following delivery (new goods) and may obtain repair or replacement, and failing that a price reduction or cancellation of the sale;
- the guarantee against hidden defects (Articles 1641 et seq. of the French Civil Code), which allows, where a defect renders the goods unfit for their intended use, a full or partial refund, within two years of discovery of the defect.
The Client is invited to keep their invoice and certificate of authenticity.
Article 9 – Commercial warranty (jewellery without certificate)
As a commercial gesture and in addition to the legal guarantees, jewellery not accompanied by a certificate for the stones benefits from a one (1) year warranty against any original defect. This warranty does not cover normal wear, inappropriate use, accidents, impacts or alterations. Any intervention on the jewellery by a third party terminates this warranty.
Article 10 – Authenticity, certificates and regulatory compliance
The Seller guarantees that the stones correspond to the description and certificate of authenticity provided. All diamonds offered comply with the Kimberley Process, certifying that they do not originate from conflict zones. The products comply with French regulations; it is the Client's responsibility to verify their compliance with the regulations of their country of residence or destination.
Article 11 – Retention of title and transfer of risk
The Seller retains ownership of the products until full payment of the price. The risk of loss or damage passes, for consumer Clients, upon physical taking of possession of the product (Article L216-4 of the French Consumer Code) and, for business Clients, upon handover to the carrier.
Article 12 – Liability
The Seller is bound by a best-efforts obligation regarding the operation of the Site. The Seller shall not be held liable in the event of force majeure, fault of the Client, or malfunction of the Client's equipment or Internet connection. Nothing in these provisions limits the rights that consumer Clients derive from the legal guarantees.
Article 13 – Personal data
Data processing is described in the Privacy Policy, which complies with the General Data Protection Regulation (GDPR).
Article 14 – Consumer mediation
In accordance with Articles L611-1 et seq. of the French Consumer Code, consumer Clients have the right to have free recourse to a consumer mediator with a view to the amicable resolution of a dispute, after having first sent a written complaint to the Seller that has not received a satisfactory response. The competent mediator is: [pending designation]. For cross-border disputes within the European Union, the Client may contact the European Consumer Centre France (www.europe-consommateurs.eu).
Article 15 – Governing law and jurisdiction
These Terms of Sale are governed by French law. In the event of a dispute with a consumer Client, failing amicable resolution, the ordinary rules of law apply (the consumer may in particular bring proceedings before the courts of their place of residence). For business Clients, exclusive jurisdiction is granted to the Commercial Court of Paris.
Appendix – Model withdrawal form
(To be completed and returned only if you wish to withdraw from the contract.)
For the attention of Precious Com — www.maximevoillotgems.com — maximevoillotgems@gmail.com:
I/we (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the goods below:
- Ordered on (*) / received on (*): …
- Order number: …
- Name of consumer(s): …
- Address of consumer(s): …
- Date: …
- Signature (only if this form is submitted on paper): …
(*) Delete as appropriate.