Terms & Conditions

 

The General Terms and Conditions of Sale are concluded between, the simplified joint stock company GEM ISLAND, with a capital of 2000 Euros, registered in Bordeaux Trade and Companies. Registered under the number 898 294 004, of which the number of tax identification is FR88898294004, whose registered office is located at 18 Ter rue du Petit-Goave, 33000 Bordeaux, hereinafter referred to as “the Seller”; and otherwise, any consumer or non-professional buyer purchasing Products via the website www.gem- island.com, hereinafter referred to as "the Buyer".

 

Customer service :

info@gem-island.com

 

Any order placed on the website www.gem-island.com implies prior full acceptance of the General Conditions of Sale detailed below.

OBJECT

The General Conditions of Sale govern the contractual relations between the Seller and the Buyer and are intended to define conditions applicable to any purchase made via the website www.gem-island.com.

They specify in particular, conditions related to the order, payment, delivery and the management of any returns and/or reimbursement of products ordered.

These General Conditions of Sale apply without reservation or restrictions to all sales made via the Seller’s website, and prevail over any other contradictory version or condition.

These General Conditions of Sale can be viewed directly on the website www.gem-island.com. It is the Buyer's responsibility to refer to them before placing an order.

Before confirming their order, the Buyer must declare to have carefully read the General Conditions of Sale and agree to them without reservation.

Consequently, placing an order implies full acceptance by the Buyer without reservation of these General Conditions of Sale which are binding.

The Seller reserves the right to subsequently modify its General Conditions of Sale, at any time, and without notice.

The applicable General Conditions of Sale are engaged on the date of order validated by the Purchaser.

Changes to these General Terms and Conditions of Sale are binding from the moment the User is online and cannot be applied to transactions concluded previously.

The annulment of a contractual clause does not entail the annulment of the General Conditions of Sale. The temporary or permanent non-application of one or more clauses by the Seller shall not constitute a waiver on his part of the application of this clause or of others which continue to produce their effects.

The Buyer who places an order on the website www.gem-island.com acknowledges having the capacity required to contract and acquire the Products offered for sale.

INTELLECTUAL PROPERTY

The Buyer acknowledges that content offered by www.gem-island.com website is the exclusive property of the Seller and is protected by French and international laws relating to Intellectual Property.

The Buyer shall refrain from any act of reproduction or partial or total use of product models, the brand, distinctive signs, designs, graphics, or any other element used by the Seller or by the Seller's site, as well as any act tending to the appropriation of these elements, whether or not they are the subject of protection by means of a patent, trade mark, registered design or model or copyright.

PRODUCTS

Products offered for sale are those appearing on www.gem-island.com website.

The Seller reserves the right to withdraw any Product from sale at any time and / or to modify any information associated with a Product.

As Products and articles are made by hand, some may experience slight variations in dimensions, colors or patterns as well as irregularities inherent in materials used or in this method of artisanal production.

Essential Products’ characteristics are presented on the website, the Buyer is required to refer to them before placing an order.

The Seller strives to give descriptions and photographs on the website as exact as possible.

However, some screens or browsers used to visit the website may cause a slight alteration of images presented.

This is why the Buyer acknowledges that these photographs and other reproductions of items are non-contractual. Therefore, they can not engage the seller’s responsibility in the event of error, omission or modification.

In the event of an error or omission relating to a product’s description, the Seller's liability remains limited to reimbursing a reasonable cost of returning the Product in question.

Product offers are valid as long as they are visible on the website, while stocks last.

* Unavailability of products ordered:

In principle, available stocks are regularly updated by the Seller. However, it can happen that a product is no longer in stock, temporarily or permanently.

In this event, the order will be automatically cancelled. The Seller takes on the responsibility to communicate this promptly to the Buyer by e-mail and if necessary, reimbursement.

The Seller agrees to take the necessary steps to reimburse the amount paid within fourteen (14) days following the order’s cancellation.

The definitive or temporary unavailability of a product can in no way engage the seller’s responsibility and cannot give rise to the Buyer's right to compensation or damages.

ORDER

Orders are placed directly on www.gem-island.com website according to the main steps listed below:

▪ Items’ selection (Add to cart)

▪ Shopping cart visualization

▪ Basket’s validation (“order” button)

▪ Product availability’s indication

▪ Buyer's personal data provision

▪ Choice of delivery method (with indicated delivery time)

▪ General Conditions of Sale’s acceptance

▪ Buyer's personal payment details

▪ Order placement (validation) by the Buyer

▪ Order summary visualization with the transaction number

▪ Order summary by the Seller sent by e-mail

▪ Order validation by the Seller with indication of delivery time sent by e-mail

▪ Product ordered shipment with tracking number sent by e-mail

- Site’s registration (creation of a customer account not required)

When ordering on www.gem-island.com website, the Buyer has the option of completing a

registration form by entering personal data, allowing him to create a customer account.

List of personal data requested in the registration form (first order):

E-mail

Password

Title

Last name

First Name

Date of birth

Delivery address

Telephone number

Let it be known that the Buyer can access his data at any time, to consult or modify them in the "my account" section.

- Order without registration via "instant order" form.

List of information requested in this form:

Title

Last name

First name

Delivery address

Phone number

Both in their customer account and in "instant order" form, the Buyer agrees to provide accurate, complete and up-to-date information with each order.

The Seller cannot be held responsible for erroneous information transmitted by the Buyer resulting in non-performance or improper performance of the service.

Before final validation of his order, the Buyer also has the opportunity to check order’s details, its total price and correct any errors, before confirming its acceptance. It is the Buyer's responsibility to verify the order’s accuracy and report or rectify any errors immediately.

- Order’s confirmation by the Buyer:

After completing the requested information, having verified and checked his delivery option, the Buyer must proceed to the payment of his order, as indicated in the "terms of payment".

The Buyer is also required to accept General Conditions of Sale (checkbox before being able to validate) before definitively validating their order.

This validation implies acceptance of all of these General Conditions of Sale and Use of www.gem-island.com website.

The Buyer who has entered his payment information must validate his order.

- Payment summary:

From the moment the Buyer confirms his order, by paying, they declare having accepted it.

A summary of the Buyer's order is then displayed on screen, indicating the transaction number.

This summary is also sent to the Buyer electronically to the e-mail address provided in their customer account or at the order’s finalization. The confirmation of payment includes all elements forming the contract of sale.

- Order’s confirmation by the Seller:

Any order placed on www.gem-island.com website, validated by the Buyer, under the terms and conditions described above, constitutes a formation of a contract concluded at a distance between the Buyer and the Seller.

The Seller will promptly acknowledge the order’s receipt by confirmation sent electronically to the address provided by the Buyer.

Therefore, the sale will be considered final only after completion of full payment for Products ordered (according to the payment terms) and once the Seller has confirmed order’s acceptance, electronically, to the Buyer. This confirmation will be made subject to the order’s validation by the Seller, and will specify terms and time of Products’ shipment.

It is up to the Buyer who has not received the order’s confirmation from the Seller, to contact customer service (info@gem-island.com).

The seller will inform the Buyer of their order’s actual shipment, by e-mail, as well as their possibility, if they have created a customer account, to consult their invoice, including delivery costs and applicable VAT, online.

Unless proven otherwise, data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Buyer. The latter, then, recognizes and accepts that all of this data will be considered, in an irrefutable manner, as proof of acceptance of General Conditions of Sale’s terms and proof of transactions with the Seller.

The Seller reserves the right to refuse or cancel any order placed by a Buyer with whom there is a previous or current dispute relating to the order’s payment.

For any questions relating to the follow-up of orders, the Buyer must contact customer service (info@gem-island.com).

PRICE

Products are priced at the price indicated on the www.gem-island.com website, on the placing order’s date.

Prices are expressed in Euros (€), or in American Dollars (USD), all taxes included, excluding delivery costs.

The Seller reserves the right to modify any products’ price at any time and without notice.

Total payment invoiced to the Buyer corresponds to Product’s amount, and includes costs.

An invoice is established by the Seller and given to the Buyer upon delivery of Products ordered.

TERMS OF PAYMENT

Payment on www.gem-island.com website is made either by credit card (CB, Visa, MasterCard, American Express) or by a Paypal payment account.

Information’s provision and communication relating to the Buyer's bank card or Paypal account and the order’s final validation on the website are proof of the Buyer's agreement to debit their account for the entire amount of his order.

The Buyer's credit card is debited at the time of the order’s validation for the full amount.

Sums paid cannot at any time be considered as a deposit or a down payment.

Payments made by the Buyer will only be considered final after actual sums’ receipt due by the Seller.

In the event of payment by Paypal, the Buyer expressly acknowledges having read and accepted Paypal’s General Conditions, which is solely responsible for processing personal data relating to payment means entered by the Buyer.

In the event that the sums’ debit due by the Buyer is impossible (opposition, bank refusal, etc.), the order will not be registered by the Seller.

DELIVERIES

Any order placed on the www.gem-island.com website will be processed and shipped within one (1) to seven (7) working days of the actual payment being recorded, unless otherwise specified by the Seller.

The latter will inform the Buyer by e-mail of their order’s processing, and of its shipment.

Products ordered by the Buyer are delivered in mainland France and abroad, to the address indicated by the Buyer when confirming the order on the www.gem-island.com website.

Delivery is made by letter followed (letter with tracking number placed in letterbox without signature) by La Poste or by Colissimo (package with tracking number delivered with or without signature depending on Product).

The Seller cannot be held responsible for incorrect information transmitted by the Buyer, who is solely responsible for a delivery failure due to a lack of information during the order’s validation.

Delivery consists of the physical possession’s transfer or Product’s control to the Buyer.

Except in special cases, Products ordered will be subject of a single delivery.

The Seller undertakes the responsability to do everything in their power to deliver Products ordered by the Buyer within time limits indicated (see below) or transmitted by the Seller at the order’s confirmation time. Delivery times are stipulated in working days and only run from order’s dispatch.

Deadlines:

- France: between two (2) and five (5) working days

- Europe: between three (3) and eight (8) working days

- Rest of the world: between three (3) and fifteen (15) working days

However, these deadlines are provided for information only and correspond to the average processing and delivery time for letters and parcels. Any overrun may not give rise to any damage and interest.

Also, any delay related to customs clearance of exported goods does not engage the Seller’s responsibility.

The Seller undertakes the responsibility to inform the Buyer by e-mail of his order’s progress. A shipping number will then be sent to the Buyer so that they can follow their order’s progress on the carrier's site.

The Seller bears risks associated with order’s transport to the Buyer in event of damage caused during transport, up to delivery.

If Products ordered were not to be delivered on scheduled date and within thirty (30) working days after indicative delivery date, for any reason other than unforeseeable

circumstances or Purchaser’s act, the sale may be resolved at the Buyer's written request, by registered letter with receipt’s acknowledgment under conditions and effects provided for Consumer Code’s Articles L.138-2 and L.138-3. Sums paid will then be returned to the Buyer no later than fourteen (14) days from contract termination’s date, excluding any compensation or withholding.

Once the product is received, the Buyer is strongly advised to check the order’s status and ensure that the Products delivered correspond to their order.

In event of damage, error, or anomalies on packaging or on Products ordered, the Buyer must report it to the Seller, by registered letter with receipt’s acknowledgment to the address indicated by the Seller (see "right of withdrawal"), recalling product reference and describing anomalies observed.

The Buyer, then, has a period of three (3) working days from order’s receival to formulate their reservations or complaints for non-compliance or apparent defect (eg: package delivered opened or damaged, missing items, non-compliant, etc. .). Failing this, Products delivered will be deemed to conform and free from any apparent defect. In event of Products’ lack of conformity delivered or of apparent or hidden defects, the Seller undertakes the responsability to remedy this or to reimburse the Buyer, under conditions provided for by Consumer Code and in these General Conditions of Sale: "the responsibility of the Seller - Guarantee".

OWNERSHIP’S TRANSFER – RISKS’ TRANSFER

Ownership’s transfer of items ordered is carried out upon confirmation of order’s acceptance by the Seller, materializing parties’ agreement on item and price.

Risks’ transfer associated with item’s loss or deterioration will only be carried out when the Purchaser takes physical possession of Products.

The Seller therefore remains responsible for risks and dangers until Products delivery.

Conversely, after Products’ delivery, the Buyer bears risks associated with their deterioration or loss, including in event of withdrawal’s right exercise, until Products receival, definitively returned to the Seller. In event of a return, for lack of conformity, defect or for exchange (or Products scaling), the Seller bears risks associated with Products’ loss or deterioration, as well as costs associated with return.

RIGHT TO WITHDRAWAL

In accordance with Consumer Code’s article L.221-1, the non-professional Buyer or Consumer has a period of fourteen (14) calendar days to exercise their right to withdrawal from the Seller without having to justify a reason, nor to pay penalties at the end of an exchange or refund.

This period starts from the day after order’s receipt date. When deadline expires on a Saturday, Sunday, or public holiday, it is extended until the next working day.

This right to withdrawal also applies to Products purchased on specials or on sale.

The exercise of the right to withdrawal implies a definitive return of Product (s) purchased. The exercise of the right to withdrawal remains for the exclusive benefit of website’s Purchaser, and can under no circumstances be exercised by a third party, even if it is a gift receiver purchased on the website.

In order to simplify procedures, the Seller asks the Buyer wishing to withdraw and definitively return their purchases, to complete and return the withdrawal form (see appendix 2), by e-mail (info@gem-island.com) and communicate tracking number issued for return (proof of Products’ return).

The Seller will send the Buyer an acknowledgment of withdrawal’s receipt by e-mail. From notification to the Seller of their decision to withdraw, the Buyer must return Products concerned within a maximum period of fourteen (14) working days. This deadline is deemed to have been fulfilled if the Buyer has returned (proof of return) Products concerned within this period of fourteen (14) working days.

The exercise of the right to withdrawal implies that Products must be returned in perfect condition (not worn, not soiled, not damaged, not broken), complete (packaging, accessories, instructions, document, etc.), in their original packaging and at the following address:

Gem Island

18 Ter Rue du Petit-Goave 33000 Bordeaux

France

The Seller reserves the right to refuse reimbursement of returned Products in event that conditions’ above-mentioned are not respected and in particular if Products’ returned are broken or damaged.

In the event of the use of the right to withdrawal, under conditions provided, only the price of Product (s) purchased and returned as well as delivery costs will be reimbursed (based on

prices in force on order’s day).

Costs of final return are not assumed by the Seller.

Except in cases of return for items’ exchange as well as cases covered by legal guarantees; shipping costs associated with Products’ return are therefore the sole responsibility of the Buyer, as well as the associated risks.

REPAYMENT TERMS

Provided that the right to withdrawal is exercised in accordance with terms and conditions indicated above, and subject to verification of their condition, the Seller undertakes the responsibility to take the necessary steps to reimburse sums collected for Products’ purchase within fourteen (14) calendar days after actual receipt of returned Products or provision of products’ proof of shipment by the Buyer.

Only Product (s)’ price purchased and delivery costs will be reimbursed (on the basis of prices in force), return costs remaining the Seller’s responsibility.

Sums’ reimbursement collected for purchase of returned Products (Products’ price and costs) will be made by crediting debited bank card when ordering on the www.gem-island.com website, or on the Purchaser Paypal’s account, having carried out the payment’s material act.

As the right to be reimbursed remains for the Buyer exclusive benefit, it cannot be exercised by a third party.

Once refund has been made, the Buyer is informed by e-mail.

EXCHANGE

The Seller gives the Buyer the option of returning item (s) for an exchange.

To do so, the Buyer must notify it in advance, by e-mail (info@ gem-island.com), specifying return tracking number (proof of return).

The Buyer has fourteen (14) working days after receipt of Products ordered to make the return. However, this deadline is deemed to have been met if the Buyer has returned (proof of return) concerned Products within this period of fourteen (14) working days.

Exchange will be made on paid price’s basis when ordering on website.

In event customer chooses another product, if price of the chosen product is higher, the Buyer agrees to pay the difference. The Seller will send them a payment email to settle the difference. On the contrary, if price of new product is lower, the seller undertakes the responsability to reimburse the difference to the Customer.

Any Item returned for exchange must be properly protected, in its original packaging and in perfect condition for resale (undamaged, unused, not soiled or scratched by the Buyer). Otherwise, the Seller can refuse the exchange. Return costs are the Seller’s responsibility and will be reimbursed (on rates’ basis in force), upon receipt of Products’ returned.

LIABILITY-GUARANTEE

Products offered on the www.gem-island.com website, benefit automatically and independently of the right to withdrawal, conformity’s legal guarantee and legal guarantee against hidden defects in accordance with provisions relating to legal guarantees (transcribed in appendix 1). As such, it is recalled that within the conformity legal guarantee’s framework, independently of commercial guarantee, the Buyer benefits from a period of two years from goods’ delivery to act against the Seller. In addition, the Buyer may choose between repairing or replacing a Product ordered, subject to conditions provided for in Consumer Code’s Article L. 217-9.

The Seller will reimburse, replace, or repair products or parts under warranty, deemed non-compliant or defective, as soon as possible and at the latest within thirty (30) working days following the Seller's finding of conformity’s defect or hidden defect.

Shipping costs will then be reimbursed on the basis of invoiced prices and return costs on supporting documents’ presentation.

However, the Seller's liability cannot be incurred in event of misuse, negligence or lack of maintenance on the Buyer’s part, such as case of normal wear and tear of product, accident, or unforeseen circumstances.

Likewise, neither the Buyer nor the Seller can be held responsible for the non-performance or delay in their obligations’ performance, due to any unforeseen circumstances within the meaning of Civil Code’s Article 1218.

PERSONAL DATA PROTECTION

In context of distance selling carried out via the www.gem-island.com website, personal data provision collected is mandatory and necessary to process, establish invoicing and fulfilling orders.

The Buyer is informed that data they provide on the website is subject to various automated processing (see Legal Notice "Data Protection Policy").

In accordance with law n ° 78-17 Informatique et Libertés of January 6, 1978 reinforced and supplemented by General Data Protection Regulation (RGPD) entered into force on May 25, 2018, it is reminded that the Buyer has at all times a right of access, rectification, opposition, erasure and portability of all of his personal data by writing by mail and justifying his identity, to the Seller's address.

Processing of personal and nominative data communicated through the www.gem-island.com website meets legal requirements for personal data protection, information system used ensuring optimal protection of this data.

APPLICABLE LAW-DISPUTES

Sales concluded with the Seller via the www.gem-island.com website are subject to

French law.

These General Conditions of Sale and operations resulting from them are governed by French law.

They are written in French. In event that they are translated into other languages, only French text will prevail in the event of a dispute.

For all disputes to which this contract may give rise, concerning its validity, interpretation, execution, termination and their consequences will be submitted to the competent court in accordance with rules of common law’s jurisdiction.

The Buyer is informed they can in any case resort to conventional mediation, in particular with the “Commission de la médiation de la consommation” (Consumer Code’s Article L.612-1) or with existing sectoral mediation, or any alternative dispute resolution method (conciliation, etc.) in event of a dispute.

PURCHASER’S PRE-CONTRACTUAL INFORMATION-ACCEPTANCE

The fact that a natural or legal person places an order on the www.gem-island.com website implies full and complete acceptance of these General Conditions of Sale and obligation to pay for Products ordered, which is expressly recognized by the 'Buyer, who waives, in particular, to avail themselves of any contradictory document, which would be unenforceable against the Seller.

Appendix 1: Consumer Code’s Legal guarantees

- Consumer Code’s Article L.217-4

The seller is required to deliver the products in conformity with contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from packaging, assembly instructions or installation when this has been charged to it by contract or has been carried out under its responsibility.

- Consumer Code’s Article L.217-5

To be in conformity with contract, the product must:

Be suitable for the use usually expected of a similar good and, where applicable:

▪ Correspond to description given by the seller and possess qualities the latter presented to the Buyer in a sample or model’s form

▪ Present qualities that a buyer can legitimately expect given the Seller’s public statements, producer or his representative, in particular in advertising or labelling

▪ Have characteristics defined by mutual agreement between parties or be suitable for any special use sought by the Buyer, brought to the attention of the Seller and which the latter has accepted.

- Consumer Code’s Article L.217-6

The seller is not bound by public statements of producer or his representative if it is established they did not know them and was legitimately not in a position to know them.

- Consumer Code’s Article L.217-7

Defects of conformity which appear within six months from the products’ delivery are presumed to exist at the time of delivery, unless proven otherwise. The seller can challenge this presumption if it is not compatible with the nature of the product or lack of conformity invoked.

- Consumer Code’s Article L.217-8

The buyer is entitled to demand that goods conform to contract. However, they cannot contest conformity by invoking a defect which they knew or could not ignore when it was contracted. The same applies when defect has its origin in materials which it itself supplied.

- Consumer Code’s Article L.217-9

In the event of a lack of conformity, the buyer chooses between repair or replacement of goods.

However, the seller may not proceed according to the buyer's choice if this choice entails a manifestly disproportionate cost compared to the other modality, taking into account the products’ value or importance of the defect. They are then required to proceed, unless this is impossible, according to the method not chosen by the buyer.

- Consumer Code’s Article L.217-10

If repair or replacement of the product is not possible, the buyer can return the product and have the price returned or, keep the product and have part of the price returned. Same possibility is opened to them:

1 ° If the solution requested, proposed or agreed pursuant to article L. 211-9 cannot be implemented within one month of the buyer's complaint;

2 ° Or if this solution cannot be without major inconvenience for the latter taking into account nature of the product and the use which it seeks.

Sale’s resolution cannot however be pronounced if lack of conformity is minor.

- Consumer Code’s Article L.217-11

Application of Articles’ provisions L. 211-9 and L. 211-10 takes place at no cost to the purchaser.

These same provisions do not preclude award of damages.

 

- Consumer Code’s Article L217-12

The action resulting from a lack of conformity lapses two years after the delivery of the product.

- Consumer Code’s Article L.217-13

Provisions of this section do not deprive the Buyer of the right to exercise action resulting from latent defects as it results from civil code’s articles 1641 to 1649 or any other action of a contractual or extra-contractual nature which is recognized to them by the law.

- Consumer Code’s Article L217-16

When the Buyer asks the Seller, during commercial guarantee’s course which was granted to them during acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the guarantee’s duration which remains. This period runs from the Buyer's request for intervention or provision for the property’s repair in question, if this provision is subsequent to the intervention’s request.

CIVIL CODE

- Civil Code’s Article 1641

The seller is bound by guarantee for hidden defects in any item sold which would make it unfit for the use for which it is intended, or which would reduce this use so much that the Buyer would not have acquired it, or would have given a lower price, if it had been known them.

- Civil Code’s Article 1648 paragraph 1

Action resulting from latent defects must be brought by the Purchaser within two years from defect’s discovery.

However, the warranty does not apply to apparent defects.

More generally, the Seller cannot be held responsible for defects and deterioration in event of unforeseen circumstances.

The Seller cannot be held liable in event of contract’s non-performance or improper performance, due either to the actions of the buyer, or to unforeseeable and insurmountable fact of a third party to the contract, or an unforeseeable circumstance.

Also, the Buyer remains responsible for their use of the products purchased, the Seller cannot under any circumstances engage their responsibility in event of an accident (ingestion, strangulation, suffocation, etc.) related to one of their products. Therefore, it is advisable to keep products out of children’s reach, especially the most vulnerable.

Annex 2: Withdrawal

Withdrawal letter’s example to be sent to the Seller at the indicated address (see "right of withdrawal"):

Reminder of reference’s order.

Dear,

In accordance with Consumer Codes Article L.221-18, I inform you that I wish to exercise my right of withdrawal regarding this order, which I will return to you within the next fourteen days.

Please reimburse me for the sum of …… Euros, paid when ordering by (credit card or Paypal).

While thanking you, please accept, Madam, Sir, the expression of my best regards.

(Signature)

 

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