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ARTICLE 1. SCOPE
These General Terms and Conditions of Sale (hereinafter ‘GTCS’) apply between the Limited Liability Company GEMO (hereinafter the ‘Seller’ or ‘Us’) and any jewellery professional (hereinafter the ‘Buyer’ or ‘You’) wishing to purchase the pieces or products that we offer for sale (‘Products’ or ‘Pieces’) on the website www.g-silver.com (hereinafter the ‘Website’). These GTCS set out the entirety of the parties’ obligations and in particular specify the terms and conditions for the placement of orders, payment, delivery and management of any returns of Products ordered by Buyers. They constitute the sole basis of the business relationship between the parties and, as such, the Buyer shall be deemed to accept them unconditionally.
These GTCS can be consulted at all times on the Website www.g-silver.com and will prevail over any other version or any other conflicting document, and notably over any general terms and conditions of purchase. These GTCS apply unconditionally and without restriction to all of our commercial documents and services. Any other document than these General Terms and Conditions of Sale, such as catalogues, flyers, adverts or notices, etc., are non-contractual and provided for information only.
We reserve the right to periodically modify our general terms and conditions. The new version will be applicable as from the date on which it is published on line on the Website.
The main characteristics of the Products, and notably the specifications, illustrations and indications of the Products’ dimensions or capacity, are presented in the catalogue on the Website. The Products are described and presented as accurately as possible.
However, should there be any errors or omissions in this presentation, we cannot be held liable. It is incumbent upon the Buyer to refer to each Product’s description in order to know the key properties and features, systematically, before placing an order. The choice and purchase of a Product comes under your sole responsibility. The photographs and graphics shown on www.g-silver.com are non-contractual and do not incur our liability. Product offers apply within the limits of available stock, as specified when the order is placed.
Our complete address and contact details are as follows:
GEMO SARL situated: 4 rue André Isaia, 13013 Marseilles, France, Registered with the Marseilles trade registry under No. 512857962, VAT FR56512857962.
You can contact our Customer Relations Department in English, French, German or Italian:
By telephone: +33(0)491629182 Monday to Friday, 8.30am to 4.30pm
By email: support@g-silver.com
ARTICLE 2. CUSTOMER ACCOUNT
You must have an activated customer account (hereinafter ‘Customer Account’) to place orders on the Website.
You can create your Customer Account by using the account creation form on the Website. Complete all fields required to create the Customer Account and make sure that the invoicing address corresponds to the address of your company’s registered head office as indicated on your proof of company registration (‘legally-registered entity’).
The Customer Account will be activated after verification of the Buyer’s email address and business identification number (SIRET) or intra-Community or national VAT number, in order to verify their capacity as a professional of the activity.
If you do not have a SIRET number or an intra-Community or national VAT number, you will need to present us with appropriate justifying documents that allow us to verify your capacity as a professional of the activity in order to activate your account. We may, as necessary, ask you to submit a ‘legally-registered entity’ or business registration certificate for your company. Once the Customer Account has been created and activated, you can access the my account heading at any time from the home page of the Website www.g-silver.com, in order to check the status of your orders, consult your order history or update your information.
You are solely responsible for the confidentiality of your password and login and of any order placed via your Customer Account. You must never disclose your login and password, failing which you assume responsibility for their potential fraudulent use, for which we cannot on any account be held liable. You uphold that all information submitted for your registration is accurate, complete and regularly updated via your Customer Account.
You can request the deletion of your Customer Account at any time, on simple request via email to support@g-silver.com. You agree to record the data available via your Customer Account before submitting any account deletion request. You are informed that the deletion of the Customer Account from the Website may lead to loss of access to the data available via the account.
ARTICLE 3. DISCOUNTS
You can receive discounts on your orders, with the exception of Products in the stock clearance category. These discounts are automatic and are indicated in the order shopping basket.
A -3% discount will be applied to orders totalling 150 EUR, excluding taxes and shipping charges,with the exception of products in the clearance category and customised items.
A -5% discount will be applied to orders totalling 250 EUR, excluding taxes and shipping charges, with the exception of products in the clearance category and customised items.
A -7% discount will be applied to orders totalling 500 EUR, excluding taxes and shipping charges, with the exception of products in the clearance category and customised items.
Discounts cannot be combined with other special offers in progress and loyalty scheme discounts.
ARTICLE 4. LOYALTY SCHEME
Your loyalty is rewarded with exclusive promotions. Each year you can receive a fixed discount calculated according to the total pre-discount amount, excluding taxes and shipping charges, of your invoices from January 1st to December 31st of the previous year.
We offer four loyalty schemes: G-FOLLOWER, G-FRIEND, G-PARTNER, G-FAN, G-LOVER, G-AMBASSADOR or G-MASTER. By joining our loyalty scheme, enjoy benefits reserved for our best customers. You can discover your group in the Loyalty Scheme and follow your discounts by logging in to your account on the Loyalty Scheme page or by clicking on the symbol in the upper, right-hand corner, next to your name.
If the cumulative total of your invoices over the previous year exceeds 5 000 EUR excluding taxes, you belong to the G-FOLLOWER group and will receive a -7% on your orders during the year in progress.
If the cumulative total of your invoices over the previous year exceeds 10 000 EUR excluding taxes, you belong to the G-FRIEND group and will receive a -10% on your orders during the year in progress.
If the cumulative total of your invoices over the previous year exceeds 15.000 euros excluding taxes, you belong to the G-PARTNER group and will receive a -13% on your orders during the year in progress.
If the cumulative total of your invoices over the previous year exceeds 20 000 EUR excluding taxes, you belong to the G-FAN group and will receive a -15% on your orders during the year in progress.
If the cumulative total of your invoices over the previous year exceeds 30 000 EUR excluding taxes, you belong to the G-LOVER group and will receive a -20% on your orders during the year in progress.
If the cumulative total of your invoices over the previous year exceeds 40.000 euros excluding taxes, you belong to the G-AMBASSADOR group and will receive a -22% on your orders during the year in progress.
If the cumulative total of your invoices over the previous year exceeds 50.000 euros excluding taxes,
you belong to the G-MASTER group and will receive a -25% on your orders during the year in progress.
Loyalty scheme discounts are not cumulative with the discounts indicated in Article 3 ‘Discounts’ of the GTCS and do not apply to customised products.
ARTICLE 5. ORDERS
All orders are placed via the on-line catalogue on the Website.
You must fill in the identification sheet, indicating all of the details required for the order, complete the on-line purchase order providing all of the references of the Products selected with an order minimum of 75 EUR excluding VAT, select your address and delivery mode, validate your order after checking it, make the payment under the conditions provided in these GTCS and confirm your order and payment.
Once your order has been validated, you will receive a confirmation by email stating the key details of your order (quantity, packaging, message, shipping date, amount and delivery address). Placement of an order implies acceptance of the prices and descriptions of the Products available for sale.
In some cases, notably in the event of failure to pay, an erroneous address or another problem on the Buyer’s account, we reserve the right to block the order until the problem is resolved.
To be taken into account, any request to change an order must imperatively be made by email to the attention of our Customer Relations Department (support@g-silver.com) before the order has been shipped. We will not be able to change information relating to the shipping or invoicing of your order if it has already been shipped.
For any question pertaining to order management, you can consult the Help section of the Website or contact our Customer Relations Department.
The Products presented on the Website are offered for sale for the following territories: Germany, Austria, Belgium, Bulgaria, Canada, Cyprus, Croatia, Denmark, Spain, Estonia, Finland, France (Metropolitan and Overseas), Greece, Hungary, Ireland, Iceland, Italy, Latvia, Lithuania, Luxembourg, Malta, Monaco, Norway, the Netherlands, Poland, Portugal, Romania, United Kingdom, Czech Republic, Slovakia, Slovenia, Sweden, Switzerland, Usa.
For any order to a territory or country other than Metropolitan France, you are considered the importer of the Product(s) in question. For all Products shipped outside the European Union and France’s overseas counties and territories (DOM-TOM), the price will automatically be calculated without taxes on the invoice. Customs duties or other local taxes or import duties or state taxes may be due. They will be at the Buyer’s charge and the sole responsibility of the Buyer.
Any order to territories not listed above cannot be accepted.
We reserve the right to refuse to deliver or honour an order from a Buyer who has a whole or partial unpaid balance for a previous order or with whom a payment dispute settlement process is ongoing.
ARTICLE 6. ELECTRONIC SIGNATURE
Final validation of this on-line order will constitute proof of your agreement regarding:
– Liability for payment of the amounts due as indicated on the purchase order;
– Signature and express acceptance of all transactions carried out.
In the event of fraudulent use of your bank account details, we invite you to contact our Customer Relations Department as quickly as possible upon learning of the fraud.
ARTICLE 7. PROOF OF TRANSACTION
The electronic registries, which are saved in our computer systems under reasonable security conditions, will be considered proof of the communications, orders and payments made between the parties.
Orders and invoices are archived on a reliable and durable medium that can be produced as proof.
ARTICLE 8. PRICES
Prices are expressed in EUR, showing the amounts both exclusive and inclusive of taxes. We reserve the right to change the prices in our product catalogue at any time, but we undertake to apply the rates in force indicated at the time the order is placed, subject to availability of the Products at this date.
The prices include the VAT applicable at the order date and any change in the applicable VAT rate will automatically be applied to the price of the Products in the on-line shop. The prices do not include shipping charges, which are added to the invoice and indicated before the order validation step. The price must be paid in full at the time the order is placed. On no account can the amounts paid be considered a deposit or down payment.
Should one or multiple taxes or levies, such as environmental tax, be created or revised, whether raised or lowered, this change may affect our Products’ retail price.
There is no provision for the payment of any discount.
ARTICLE 9. PAYMENT
Payment is made on line immediately on the day of the order by the following means: bank card, Paypal, Monetico solutions, wire transfer or bank draft.
We accept the following debit cards for on-line purchases: MasterCard® and VISA®. The bank account associated with your debit card will be debited immediately upon validation of the order. All transactions carried out on www.g-silver.com are secure. The customer’s bank information (e.g., credit card number or expiration date) is encoded by the SSL system and processed by our financial partner. At no point in the purchase procedure we would be able to know your credit card number, which is transmitted directly to the partner bank via a protected connection. Your data does not pass through www.g-silver.com and only our Website’s partner bank has access to this information.
If you opt to pay by wire transfer, our company’s bank details will be indicated in the order confirmation email that you receive. We ask that you email us a copy of your wire transfer order within 10 days, at the following email address: support@g-silver.com.
For payments by bank draft or cheque, the draft or cheque must be issued by a bank or cheque centre domiciled in Metropolitan France. The bank draft or cheque must be sent to us at the following address: GEMO SARL, 4 rue André Isaia 13013, Marseilles, France.
Please note that if we have not received the wire transfer or bank draft/postal cheque within 10 days of the order date, the order will be cancelled. Your order will be shipped only after confirmation that our account has been effectively credited with the wire transfer or the deposit of the bank draft/cheque.
If you opt to pay by wire transfer or bank draft/cheque, we cannot guarantee the availability of the item ordered nor the delivery lead time, order only becomes final when the wire transfer has been credited or the draft/ cheque is deposited. In any case, we reserve the right to suspend or cancel delivery of orders in progress placed by the Buyer if the payment terms and conditions set out above are violated.
ARTICLE 10. PLATING
Some Products are coated in fine gold or rhodium plating (hereinafter ‘Galvanised Products’). The type of galvanisation applied to the Product (gold or rhodium) is specified in the shopping basket, along with the thickness for the gold plating on the piece of jewellery and the minimum order amount.
The colours of Galvanised Products shown in the photos on the Website are not contractual and may be subject to slight variations.
Special lead times apply to Galvanised Products; the estimated delivery lead time is 15 working days, depending on the availability of the subcontractor applying the galvanisation.
If you order conventional Products at the same time as Galvanised Products, you have a choice between delivery in two instalments (conventional Products and Galvanised Products) or delivery all at once after the Seller has received the Galvanised Products. For delivery in two instalments, additional shipping charges apply.
ARTICLE 11. PRODUCT AVAILABILITY
You will be promptly informed by email if the Product ordered is not available. In this event, you will have the choice to request either a refund of the amounts paid within 30 days of their payment date, or a credit to your account.
In the event of partial unavailability of the Products ordered, we can offer partial delivery of the Products. In this case, you can either request a refund or credit for the Products not available, or wait for delivery of the remainder of the order when it becomes available. You will have priority for delivery of these Products.
In case of unavailability of stock clearance products you will be refunded or issued a credit note.
If the order includes Products that are available, the rest of the order remains firm and final.
ARTICLE 12. DELIVERY
The estimated lead time for order shipment is 10 days from confirmation of receipt of payment by our banking institution.
The Products ordered will be delivered to the countries specified in Article 5 ‘orders’ of the GTCS in accordance with the estimated shipping lead time, which is added to the lead time for processing and routing to the address you indicated when you placed the order.
Any shipping delay surpassing the estimated lead time by more than 15 days for any reason other than force majeure or attributable to the Buyer may result in annulment of the sale. We undertake to make our best effort to deliver Products ordered within the lead times specified above. However, these lead times are non-binding and provided for information only. When applicable, we will send you a delivery tracking number by email.
If Products belonging to the same order are packaged in multiple parcels, they are shipped at the same time.
To calculate the delivery charges for an order, we take into account the total average weight and volume, i.e. the effective weight of the Products ordered and the inherent weight of the packaging for shipping.
The shipping charges are automatically calculated by the Website www.g-silver.com based on the destination and the value/weight of the parcel at the time the order is placed. The cost will be calculated after the country, county and postal code has been inserted in the shopping basket. If there are additional charges applied by the carrier (remote areas, mountainous areas, certain rural areas, certain cities, water points), we reserve the right to change carriers or to invoice you for the carrier’s additional charges, according to your preference. The Products ordered are delivered to the address that you have indicated on the purchase order. You are responsible for making sure this information is correct. Any parcel returned due to an erroneous or incomplete delivery address will be re-shipped at your expense.
If the Buyer is absent on the delivery day, the deliverer will leave a non-delivery notice allowing the parcel to be claimed at a designated location within a designated period. The Buyer must call the number provided and specify a date for the new delivery. Beyond a period of 5 days of holding the parcel, the Seller declines any responsibility for possible damage to the Products as a result of inadequate storage conditions.
If the parcel remains unclaimed after 14 days, it will automatically be returned to the Seller.
ARTICLE 13. RETURNS, EXCHANGES AND REFUNDS
Products that are lost or damaged or that do not match the order will be refunded or exchanged, with the exception of Products purchased in the Special offers category.
No return request can be taken into account by phone, we invite the Buyer to contact us directly via our return request form.
The Seller will cover the cost of returning damaged Products or Products that do not match the order.
Also, the Seller does not accept the return of galvanised products (yellow gold, rose gold, white rhodium and black rhodium) and customised products unless the products are defective. In this specific case, the buyer’s products can be returned in accordance with the conditions below
When the delivery is made, if the original packaging is not intact or torn or open, the Buyer must verify the condition of the Products. If they have been damaged, the Buyer must refuse the parcel and note a reservation on the delivery slip (parcel refused because it is open or damaged).
The Buyer must indicate any anomaly relating to delivery (damage, Product missing with regard to delivery slip, damaged parcel, broken Products, etc.) in the form of handwritten reservations on the delivery slip accompanied by the buyer’s signature.
This verification is deemed to have been completed once the Buyer, or any person authorised by the Buyer, has signed the delivery slip.
The Buyer must then confirm these reservations to the carrier by registered letter within three working days of receipt of the Product(s) at the latest, and send a copy of this letter by e-mail to support@g-silver.com or by post to the following address: GEMO SARL, 4 rue André Isaia 13013, Marseilles, France.
Returned products must be properly packaged to prevent any damage during transport. They must be protected, preferably in their original packaging. They must be unused and in their original condition. They must be complete and accompanied by all their accessories, if any, which must be intact, undamaged and unsoiled. Products are to be returned via registered post (tracked shipping) to the following address: GEMO SARL, 4 rue André Isaia 13013, Marseilles, France.
The Seller authorises the return of defective products within a maximum period of 15 days after receipt of your package . If the conditions are not favourable, the Seller will be obliged to return the products to the Buyer and the shipping costs will be at the customer’s charge.
ARTICLE 14. TOLERANCE AND COMPLIANCE
Automation of the manufacturing processes makes it technically impossible to guarantee the exact number and weight of a set of identical Pieces (hereinafter ‘Batch’).
Batches composed of fewer than 20 Pieces are prepared based on their number, and the estimated weight is indicated for information only and may vary from the weight indicated in the invoice. Batches composed of more than 20 Pieces are prepared based on their total weight, and the number of Pieces is indicated for information only and may vary from the number indicated in the invoice.
We cannot guarantee the exact size, uniformity or colour of the Products. There may be slight differences from one production batch to another. Slight differences in opacity, shade and workmanship must be accepted and are not grounds for any discount or refusal of merchandise. You grant us a 5% tolerance on the expected weight or thickness of the components.
Within this tolerance, Products will be considered non-defective and compliant with the order.
ARTICLE 15. PRODUCT WARRANTY
We warrant our Products against any non-conformity or hidden defect due to any flaw in design or materials, with the exclusion of any negligence or fault on the part of the Buyer. In any event, if we are liable, our warranty is limited to the amount exclusive of taxes paid by the Buyer for the purchase of the Product in question.
Ready to wear jewellery bear a production or import hallmark registered with the Warranty office.
The findings feature a 925/1000 sterling silver production hallmark, where possible.
The production hallmark is the responsibility of the manufacturing artisan.
With regard to Galvanised Products, please note that plated pieces become worn over time as a result of rubbing, regardless of the thickness or quality of the galvanisation. The resistance over time of the layer of gold or rhodium on the base metal is therefore not guaranteed.
ARTICLE 16. RIGHT OF WITHDRAWAL
As the Buyer is a professional purchasing within the scope and for the purposes of their profession, there are no grounds to apply the right of withdrawal provided by the Consumer Code, except application of the exception provided by Article L221-3 of the Consumer Code.
ARTICLE 17. INTELLECTUAL PROPERTY
We hold all intellectual property rights and all necessary authorisations pertaining to the Products and the associated documentation and guarantee that the Products and associated documentation are not in violation of intellectual property rights or any other rights held by a third party.
The sale of the Products does not grant you any rights regarding the trademarks or distinguishing signs that we place on the Products and associated documentation. Moreover, we maintain ownership of all intellectual property rights, notably to the photographs, presentations, designs, drawings, models, prototypes or moulds, created within the scope of selling the Products on line. Consequently, you must not reproduce or utilise the photographs, presentations, designs, drawings, models or prototypes, etc. without our express prior authorisation in writing.
ARTICLE 18. FORCE MAJEURE
Any circumstances beyond the control of the parties that prevent the fulfilment of their obligations under normal conditions are considered grounds for exemption of the parties’ obligations, which are therefore suspended.
The party invoking the aforementioned circumstances must immediately inform the other party of the occurrence, and the cessation, of these circumstances.
Cases of force majeure will be regarded as events or circumstances that are external to the two parties, unforeseeable, inevitable, beyond the control of the parties, and which could not be prevented by the parties despite all reasonable possible efforts. The following are explicitly considered to be cases of force majeure or acts of God, in addition to those regularly cited by the jurisprudence of French courts of law: blockage of means of transport or supplies, earthquakes, fires, storms, flooding, lightning, outage of telecommunications networks or disturbances specific to telecommunications networks that are external to the parties.
The parties will confer to examine the incidence of the event and to agree to the conditions under which performance of the GTCS will be pursued. If the case of force majeure lasts for more than three months, these General Terms and Conditions of Sale can be terminated by the aggrieved party.
ARTICLE 19. PARTIAL NON-VALIDATION
If one or multiple stipulations of the GTCS are held to be invalid or declared as such pursuant to a law, regulation or final ruling by a competent court of law, the other stipulations shall retain their full force and scope.
ARTICLE 20. NON-WAIVER
Should one of the parties not pursue a breach by the other party of any of the obligations set out in these general terms and conditions, this cannot be interpreted for the future as a waiver of the obligation in question.
ARTICLE 21. APPLICABLE LAW AND DISPUTES
These general terms and conditions are subject to French law, with the exclusion of the provisions of the Vienna Convention.
The parties agree to first seek an amicable solution to any dispute that may arise from the interpretation or performance of the GTCS before recourse to any litigation process.
Any disputes that may arise from the purchase and sale transactions carried out under these General Terms and Conditions of Sale, concerning their validity, their interpretation, their performance, their termination, their consequences and their aftermath, and which could not be resolved between the Seller and the Buyer, will be submitted to the Commercial Court of Marseilles.
