General Deliveries Condition, Click here to download i
Article 1 : Preamble
Diamoos and Paris-Diamant-Direct websites are the properties of Mr Patrice Bougerol,
operating Diamoos brand by Paris-Diamant-Direct, the head office of which is located at
91/93 avenue Niel 75017 Paris France.
Diamoos and Paris-Diamant-Direct websites are proposing the sale of different products
and services :?- SALE of diamonds, jewels, stoned jewels and precious stones, in a free
access catalogue listed on Internet. ?- SALE of custom-made jewels according to user
requirement specifications (Appendix 4)?- INTERMEDIACY for purchasing stones that are not
included in the catalogue within the frame of a representation agreement (Appendix 2)
Article 2 : Useful addresses.
RCS: 492602248 ?Publishing Director: Patrice Bougerol ?Contact and Correspondence :
info@paris-diamant-direct.com ?Hosting: 1&1.fr ?Domain name : Diamoos.com and
Paris-Diamant-Direct.com
Article 3 : Definition.
The « seller » is Diamoos by Paris-Diamant-Direct the head office of which is located at 91
avenue Niel , Paris 75017 France, represented by Mr Patrice Bougerol.
Le « customer » : Any natural person who signs a purchase order –either in line or in paper-
or any natural person who just consults online Diamoos ou Paris-Diamant-Direct websites. Article 4 : Object.
The object of present general sales conditions is to define the rights and obligations of the
parties regarding the sale of proposed products and services online and on a listing
catalogue, within the frame of a mail-order system created by Diamoos.com or
Paris-Diamant-Direct.com.
The sale agreement resulting of the effective ordering of a product or a service depends
on mail ordering business, home-shopping or door-to-door sales rules and legislation in
accordance with the exact case, and such as notably described in the French Consumption
Code (articles L 121-16 and followings, R 121-1 et and followings for mail ordering and
home-shopping; articles L 121-21, R 121-3 and followings for door-to-door sales).
The customer expressly and irrevocably agrees with the whole of the present general sales
conditions and consultation conditions such as hereafter defined and specified.
Article 5 : The Customer
The customer declares that he has the legal ability to conclude the present agreement, i.e.
he has the legal age required and has not been put in tutelage or guardianship. Any minor
customer shall be able to provide a written authorization of his parents in order to have his
order be taken into account.
Article 6 : Contractual documents
The General sales conditions are made up with the following contractual documents:?-
Articles 1 to 17 of the General sales conditions;?- General Delivery Conditions (Appendix 1
to be downloaded on the website); ?- Representation agreement (Appendix 2 that can be
consulted upon request); ?- Purchase order (Appendix 3 to be downloaded on the website);
?- User requirement specifications (Appendix 4 upon request);
Should any contradiction occur between any of the dispositions included in articles 1 to 17
of the general sales conditions on the one hand, and the purchase order, or between the
representation agreement and the general delivery conditions on the other hand, those of
the general sales conditions shall prevail and apply for the interpretation.
Article 7 : Enforcement of the Agreement
7.1. Purchase of a jewel or of a stone put up in sale on the website or in the paper
catalogue.
In case of the sale of a stone or of a jewel proposed either on the website or in the paper
catalogue, the present general sales conditions shall apply and be enforced from the date
of signature of the purchase order, which has been completed online or sent by post.
In order to enable the customer to eventually cancel his mail order, the seller has foreseen
three validation and acceptation screens. The order shall be definitely registered once the
customer will have confirm it for the third and last time on the validation screen. This last
“click” known as “acceptation click” corresponds to a handwritten signature such as
described in article 1341 of the French Civil Code. The order is then considered as
irrevocable and shall not be reconsidered except for the following here under limited cases.
From the receipt of the purchase order, a registration and validation e-mail shall be
addressed to the customer to confirm the amount to be paid.
From the receipt of the payment, and should the product be available, a confirmation e-mail
shall be sent to the customer. By keeping or printing it, the customer shall thus evidence
his order.
In case of stock shortage at the very moment the total payment is received, the order shall
be cancelled and all the already paid amounts shall be refunded to the customer, and the
seller shall not be held liable in such case
7.2. Purchase of custom-made jewels
In case of the sale of custom-made jewels, the present general sales conditions shall apply
and be enforced as from the date of signature by the buyer of the estimate sent by the
seller, responding to the user requirements specifications such as beforehand implemented
by the Buyer.
For whatever purpose it may serve, Diamoos reminds that the single idea or instructions
proposed or given by the one ordering a showpiece, do not confer to him the quality of an
author, and are not protected by intellectual property rights
7.3. Mandate to buy a stone not listed in the catalogue
In this case it would suit to refer to the representation (mandate) agreement stipulating
the duration of the agreement and the enforcement and application date of the General
sales conditions. (Appendix 2).
Article 8 : Products definition.
The products proposed by Diamoos in the electronic and paper catalogues have the
following characteristics as a rough guide : name, denomination of the concerned product,
as well as nature and components details, weight of stones and metals, quantity, clarity,
colours and other particular characteristics.
Article 9 : Certificates.
All the diamonds ordered on Diamoos by Paris-Diamant-Direct website are to be delivered
and accompanied with an expert certificate and an accurate description with an exclusive
reference number delivered by one of the internationally recognized and famous
independent gemmological laboratories.
Article 10 : Laser engraving.
On simple request, the customer may have either the characteristics of the expert’s survey
and its registration number or a personal message be engraved on the stone girdle so as to
have the requirements of his insurance company be satisfied , and according to the
message engraved, have the present be immortalized forever.
In any case, this engraving service shall never be refunded. The stone thus engraved shall
also never be taken back or be paid off, given the indelible nature of laser engraving
operation.
Article 11 : Price and payment.
11.1. Price of the products and services.
The price of the products and services are mentioned in euros VAT included, and excluding
post and package.
The VAT applicable rate is the one enforceable in France at the date of the purchase order.
Any change or modification regarding the VAT rate shall be automatically and immediately
reflected on the price of the products.
Diamoos by Paris-Diamant-Direct reserves the right to change at any time the sale prices
mentioned on its catalogues
The sale price retained for the purchase of a product or a service is the one observed online
by the customer and confirmed by Paris-Diamant-Direct during the order registration.
11.2. Delivery costs.
Delivery costs are shown as rough estimate in the catalogues of Diamoos by
Paris-Diamant-Direct, and are to be confirmed during the validation and registration of the
order.
Whatever may be the place of delivery including Paris surrounding suburbs, the delivery
costs shall be borne by the customer and shall be invoiced as extra charges added to the
sale price of the products. When confirming his agreement to pay the order, the customer
agrees to pay the corresponding delivery costs. Consequently those costs shall never
constitute a valid reason to reconsider the order after its definite registration.
11.3. Payment.
In case of sale online, payment of the total amount of purchase shall be requested to the
customer in advance, including the price of the ordered products and services, and the
delivery costs
In case of “door-to-door” sale, payment has to be fulfilled within a seven days delay from
the delivery date, such as defined in article13.2.
The means of payment accepted are : cheque, postal order, credit card and bank transfer
payment.
Article 12 : Delivery conditions.
12.1 Delivery delays
Regarding the purchase of stones or jewels proposed in our catalogues, the estimated
delivery delay is 15 days from the day the legal 7 days delay retraction has expired.
For custom-made jewels, the delivery delay is mentioned in the estimate signed and
agreed by the customer.
Regarding the purchase of stones unlisted in the catalogue, the delivery delay is mentioned
in the representation (mandate) agreement.
12.2 Conditions of delivery
The products bought on Diamoos or Paris-Diamant-Direct websites can be delivered in
Metropolitan France. For any other destination, a delivery protocol shall have to be
determined and drawn up with the seller.
Products are delivered at the address mentioned by the customer and is rather often made
by the Post or by a carrier at the seller’s own initiative depending on the sold products.
Should the customer be absent on the date of the delivery, a non delivery notice shall be
left in his mailbox in order for him to go and pick up the parcel at the post-office or at the
carrier’s office.
Delivery shall be effective from the day of the first presentation of the products the first
time the products at the delivery address such as specified by the customer on the order,
and validated during the payment. The transfer of the products shall be made once the
receiving customer shall have signed the delivery notice.
12.3 Checking the conformity of the delivery
The customer shall have to check the conditioning state and the conformity of the delivered
products at the time of delivery and before signing the delivery notice.
Any anomaly regarding the delivery (damage, missing products with respect to the delivery
notice, damaged parcel, broken products, open parcel…) shall be carefully and scrupulously
mentioned on the delivery notice as handwritten statement reserves together with the date
and signature of the customer.
The customer shall also send a written confirmation of the existence of such anomaly to
the carrier within the two working days following the delivery date by mean of a registered
letter with acknowledgement of receipt in which these complaints will be stated.
The customer shall provide Diamoos or Paris-Diamant-Direct, either by fax, letter or e-mail,
with a copy of the aforesaid letter. The address of the carrier shall be
Should any of these formalities not be achieved within the said delays, products shall be
considered accepted as conform by the customer.
Article 13 : Purchase order (Appendix 3 of the present General Sales Conditions)
Purchase order is printable and can be downloaded as an appendix to the general sales
conditions and includes all necessary information required, some of them -outlined in bold
characters- having to be fulfilled by the customer (notably for banking references).
Article 14 : Retraction delay
In any case the customer may return the products he disagrees with, at his own costs,
within a seven days delay and without any penalty.
This seven days delay is running from the date of delivery, such as defined in article 12.2.
For such return of the product(s), the customer shall have resort to the same carrier that
the one that shall have delivered the products (i.e. the Post or the carrier chosen by
Diamoos).
Should this retraction right be exercised, the consumer shall thus be entitled either to ask
for complete refunding of the paid amounts or to have the product(s) be exchanged.
In case an exchange has to take place, the sending costs shall be at the customer’s
expenses.
In case of refunding, Diamoos by Paris-Diamant-Direct shall undertake to proceed to such
refunding by bank cheque within a 15 days delay from the date the sold and returned
product(s) have been checked and subject to an expert survey (considering the particular
technical character of the sold products).
Any return shall be reported beforehand to Diamoos by Paris-Diamant-Direct Customer
service, and at the uppermost by telephone (and confirmed by mail) so that the delivered
product shall be imperatively returned to the only address that shall be specified to him
during his retraction request
The only products that shall be taken over, shall be the one returned as a whole, in their
full and unbroken original packaging, and in perfect condition for resale.
Any damaged, scratched, or worn product , or any product whose original packaging shall
have been destroyed, shall not be paid off , nor exchanged and shall be sent back to the
sender at its own expenses.
Any sealed diamond or precious stone that shall have been damaged, opened and taken
out of its packaging, even just for a while, or whose original packaging shall have been
destroyed, damaged, scratched or broken shall not be refunded nor exchanged nor even
taken back.
Article 15 : Responsibility and Guaranty
15.1 Delivery Responsibility
Products and services proposed on Diamoos by Paris-Diamant-Direct websites are valid
within the limits of available stocks only. No indemnity of any kind shall be paid in case of
stock shortage or cancellation.
Diamoos shall not be held responsible in case of late delay due to any of its supplier’s
stock shortage.
Diamoos reserves the right to choose the carrier for delivery. Any transportation risk is at
the customer’s expenses from the moment the product is out of workshops.
15.2 Latent defects guaranty
The customer benefits from the latent defect guaranty. In such case, the customer shall
choose between cancelling the agreement against refunding o all payments made including
return sending costs (economic parcel), or keeping the delivered product in consideration of
a lower price. To such effect the customer shall have to contact the after sale service of the
company
Diamoos shall not be held responsible in any case should the delivered article do not
comply with the delivery country’s laws and regulations.
Diamoos shall not be held responsible in any case for any unsubstantial difference between
the photos, texts and pictures showing the articles on the website and the ordered
products.
Diamoos by Paris-Diamant-Direct shall never be held responsible for commercial or profit
losses, data losses or shortfall or any other indirect damage that could not have been
foreseen when using Internet websites or when concluding sale agreement between
Diamoos by Paris-Diamant-Direct and the customer.
The here above limited responsibility shall not be applied and enforced in case of theft or
major mistake from Diamoos by Paris-Diamant-Direct, in case of corporal damages or
responsibility due to latent defected products.
15.3 Eventual conventional guaranty
Eventual conventional guaranty
Diamoos by Paris-Diamant-Direct guarantees that the products have been subject to a
quality control and do not have any noticeable defect.
Without prejudice regarding the legal guaranty against latent defects such as described in
article15.2, the buyer shall eventually take advantage from the date of delivery of a
commercial guaranty– and for a duration such as mentioned in the guaranty card given to
the customer with the delivered product- against any defect that could affect the delivered
products. However and in order that the commercial guaranty shall be enforceable, this
contractual guaranty shall be expressly noticed and mentioned in the electronic catalogues
Diamoos by Paris-Diamant-Direct for the concerned product.
This enforcement is subject to the buyer’s commitment to use the product according to
standard and normal use conditions, such as specified on the product or on a notice
accompanying its delivery notably as a user guidebook with using and maintenance
recommendations.
Moreover this is also subject to the sending by the purchaser and at its own costs of the
delivered product benefiting from the contractual guarantee, at the address given to him
when contacting by e-mail the after sale service with the following link :
info@paris-diamant-direct.com, together with the original invoice and the purchase
certificate, a copy of which will be kept by the buyer.
The sending and return conditions shall be identical (particularly registered letter with
declared value or followed up insured Colissimo as far as value products, i.e. like jewels are
concerned)
In case contractual guaranty could be applied, the seller undertakes when and if possible to
either put back the de livered product in its original state, or to exchange should it be
reasonably impossible to put it back in its initial state, or, at last, to refund the customer,
all this shall be made at the seller’s costs, and according to the choice of the purchaser. If
the purchaser chooses to have the product be exchanged, such exchange shall only take
place with a product strictly identical to the one initially ordered, unless the concerned
product is no more available(either temporarily or because it has been withdrawn from the
electronic catalogue of Diamoos or Paris-Diamant-Direct websites) at the enforcement date
of the contractual guaranty. In such case a product similar to the one initially delivered to
integrate, by sending us an e-mail at the following link: info@paris-diamant-direct.com Article 16 : Litigations settlement.
At the moment a litigation occurs, the purchaser shall immediately contact the seller as a
top priority in order to find an amicable settlement to such litigation.
The fact for the seller not to take advantage of any breach of trust by the purchaser such
as defined in the present general sales conditions, shall not be considered as a waiver for
the seller, to renounce to later prevail over this breach of trust.
Article 17 : Litigations - Enforceable law - Court competence
Diamoos and Paris- Diamant-Direct websites have been created in France.
Should a litigation occur, the applicable and enforceable law shall be the French Law.
Any dispute about the interpretation or the enforcement of a contractual undertaking
foreseen by Diamoos or Paris-Diamant-Direct websites that shall not have been amicably
settled or released, shall be submitted to the Paris French Competent Courts.
When using Diamoos or Paris- Diamant-Direct websites, the customer agrees with all the
aforesaid use conditions, notably the present general sales conditions, without prejudice to
any other right that Diamoos or Paris-Diamant-Direct may dispose of.
Thanks.
Diamoos by Paris-Diamant-Direct thanks all of its websites users for informing and telling
us of any eventual mistake, omission, correction or suggestion, they would like us to
the purchaser shall be sent to the purchaser within the best possible delays.
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