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General Terms and Conditions of Sale Vendif Gems

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Preamble – Identification of the Seller

These General Terms and Conditions of Sale (the “GTC”) govern all sales made on the website [vendifgems.com] (the “Site”) between the seller identified below and any consumer customer (the “Customer”).

The Website and the Vendif Gems brand are operated by:

  • Company Name: VENDIF GEMS

  • Legal Form and Capital: VENDIF GEMS SARL

  • Registered office: [Santo Domingo – Dominican Republic]

  • Contact: admin@vendifgems.com

Vendif Gems offers handcrafted jewelry set with rare gemstones, designed in collaboration with local artisans.

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Article 1 – Purpose and Scope of Application

The Terms and Conditions of Sale define the rights and obligations of the parties in connection with any online sale of Vendif Gems products through the Site. They apply to the exclusion of any other terms and conditions.

The Customer represents that he or she is a natural person of legal age, with the legal capacity to enter into contracts, acting for purposes unrelated to his or her professional activity. Any order implies full and unreserved acceptance of the Terms and Conditions, which the Customer acknowledges having read prior to confirming his or her order.

The applicable Terms and Conditions are those in effect on the date of the order. Vendif Gems may modify them at any time; the new Terms and Conditions will apply only to orders placed after their publication on the Site. The Customer may view, download, and print them from the Site.

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Article 2 – Products

Each product page lists the essential characteristics of the piece of jewelry: type of stone, metal, dimensions, approximate weight, available sizes, and price.

Natural stones. The stones used are natural. Their color, veining, and inclusions vary from one stone to another; these variations are what make each piece of jewelry unique and are not considered defects. Any treatment a stone has undergone is indicated in the product description, in accordance with regulations governing the naming of gemstones. The purchase invoice serves as a certificate of authenticity. Upon request to customer@vendifgems.com, Vendif Gems also issues an exclusive certificate of authenticity for the stone.

Precious metals. Gold and silver jewelry sold in France bears the required legal hallmarks.

Photographs. Vendif Gems strives to ensure that the photographs accurately depict the products. However, slight differences in color may be noticeable depending on the screen used. In the case of one-of-a-kind pieces, the photograph shows the exact piece of jewelry that will be delivered.

Availability. Products are offered while supplies last. If a product is unavailable after an order is placed, the Customer will be notified promptly and will receive a refund no later than 14 days after payment.

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Article 3 – Prices

Prices are listed in euros, with all taxes included (including VAT), excluding shipping costs. Shipping costs are displayed before the order is confirmed and are added to the total amount.

The applicable price is the one listed at the time the order is confirmed. Vendif Gems may change its prices at any time, without this affecting orders that have already been confirmed. In the event of a price reduction announcement, the reference price is the lowest price charged during the previous 30 days.

Shipments outside the European Union. Any customs duties, import taxes, and customs clearance fees that may apply shall be borne by the Customer and paid upon delivery. The Customer is advised to check with the authorities in their country.

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Article 4 – Order

The Customer places an order by following the steps listed below:

  1. Select the products, size, and options, then add them to the cart.

  2. Review the shopping cart and, if necessary, correct any errors.

  3. Enter billing and shipping information, and select a shipping method.

  4. Acceptance of the Terms and Conditions by checking a box.

  5. Confirm by clicking the “Order with Payment Required” button, then proceed to payment.

The contract is concluded upon confirmation of payment. Vendif Gems then sends the Customer a confirmation email containing the order summary and the Terms and Conditions.

Custom or made-to-order jewelry. For a piece created according to the customer’s specifications (engraving, specific cut, choice of stone, crafted in gold or gold-plated, one-of-a-kind design), a quote or summary details the agreed-upon characteristics, the price, and the production timeline.

Vendif Gems may reject or cancel any order in the event of a prior unresolved dispute with the Customer or a well-founded suspicion of fraud. In such a case, the Customer will be notified and, if applicable, reimbursed.

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Article 5 – Payment

Full payment is due at the time of order. Accepted payment methods are: [credit card (CB, Visa, Mastercard), PayPal].

Payments are processed by a secure payment service provider. Bank information is encrypted, and Vendif Gems never stores it. Card payments may require enhanced authentication (3D Secure).

Retention of title. The products remain the property of Vendif Gems until the price has been paid in full.

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Article 6 – Delivery and Transfer of Risk

Vendif Gems ships to France and internationally to the countries listed on the Site. Products are shipped to the address provided by the Customer via tracked and insured shipping.

Area

Mode

Estimated delivery time after shipment

Expenses

Metropolitan France

Home Delivery: Colissimo with tracking, signature required

Pickup location: Mondial Relay

Pickup location: 2 to 4 business days · Home delivery: 2 to 3 business days

Pickup: €5.99 (free for orders of €99 or more) · Home delivery: €9.99 (€12.99 for orders of €99 or more)

European Union – Zone 1: Germany, Belgium, Spain, Luxembourg, Portugal · Zone 2: Italy, the Netherlands, Poland

Pickup location (Zones 1 and 2) · Home delivery (Zone 1 only)

Pickup location: 4 to 7 business days · Home delivery: 3 to 6 business days

Pickup: €9.99 (free for orders of €99 or more) · Home delivery: €14.99 (€19.99 for orders of €99 or more)

Rest of the World

By destination

By destination

Upon request to customer@vendifgems.com

 

 

Items in stock are shipped within 2 business days. Custom jewelry is shipped within the production timeframe indicated at the time of order. If no date is specified, delivery will be made no later than 30 days after the contract is entered into. The €99 threshold for free shipping includes VAT, is calculated after applying any discounts, and does not include shipping costs.

In the event of a delay beyond the agreed-upon date or deadline, the Customer may give Vendif Gems notice to make the delivery within a reasonable additional period. Failing that, the Customer may terminate the contract in writing and receive a refund of the amounts paid within 14 days.

Delivery. We recommend that the Customer check the condition of the package upon delivery and report any issues (open or damaged package, missing product) to the carrier and to Vendif Gems via email as soon as possible.

Transfer of Risk. The risk of loss or deterioration passes to the Customer at the time the Customer, or a third party designated by the Customer, takes physical possession of the products.

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Article 7 – Right of Withdrawal

The Customer has 30 days from receipt of the products to cancel the contract, without having to provide a reason and without incurring any penalty. If this period expires on a Saturday, Sunday, or holiday, it will be extended until the next business day.

How to Exercise the Right of Withdrawal. The Customer must notify us of their decision before the deadline expires, using one of the following methods:

  • using the online cancellation feature accessible from your account or from the Site;

  • by submitting the form included in the attachment, or any other unequivocal statement, to customer@vendifgems.com

Vendif Gems will acknowledge receipt of the withdrawal without delay, in a durable medium.

Product Returns. The Customer must return the products no later than 14 days after notifying us of their decision to cancel the purchase, to the following address: VENDIF GEMS Customer Service - 15 avenue de Champagne - 91940 Les Ulis - France. The products must be returned complete, in their original case and packaging, along with their certificates, if applicable. Vendif Gems covers the return shipping costs for Customers residing in the European Union; for all other destinations, the Customer is responsible for these costs. Given the value of the jewelry, we strongly recommend using a tracked and insured shipping method.

Refund. Vendif Gems will refund the full amount paid, including the initial shipping costs (based on standard shipping), within 14 days of receiving notice of cancellation. The refund may be deferred until the products are returned or until the Customer provides proof of shipment. The refund will be issued via the same payment method used for the order, unless the Customer agrees to another method.

The Customer may be held liable for any depreciation of the products resulting from handling beyond what is necessary to determine their nature, characteristics, and proper functioning (used, scratched, damaged, or altered jewelry).

Exceptions. In accordance with Article L221-28 of the French Consumer Code (Code de la consommation), the right of withdrawal does not apply:

  • jewelry made to the Customer's specifications or clearly personalized (engraving, adjustment to a specific size, custom design, crafted in gold or gold-plated);

  • pierced earrings whose hygiene seal has been removed after delivery.

The customer is informed of this in the corresponding product description before placing an order.

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Article 8 – Legal Guarantees

All products are covered by the legal warranty of conformity (Articles L217-3 et seq. of the French Consumer Code) and the warranty against latent defects (Articles 1641 et seq. of the French Civil Code).

Statutory Warranty of Conformity. The consumer has two years from the date of delivery of the goods to assert the statutory warranty of conformity in the event that a lack of conformity becomes apparent. During that period, the consumer is only required to prove the existence of the lack of conformity, not the date on which it became apparent.

The statutory warranty of conformity requires the professional, where applicable, to provide all necessary updates to ensure that the product remains in conformity.

The statutory warranty of conformity entitles the consumer to have the good repaired or replaced within thirty days of the request, at no cost and without undue inconvenience to the consumer. If the good is repaired under the statutory warranty of conformity, the consumer is entitled to a six-month extension of the original warranty.

If the consumer requests that the item be repaired, but the seller insists on replacing it, the statutory warranty of conformity is renewed for a period of two years from the date the item is replaced.

The consumer may obtain a reduction in the purchase price while retaining the good, or terminate the contract and receive a full refund in exchange for returning the good, if: the seller refuses to repair or replace the good; the repair or replacement of the good occurs after a period of thirty days; the repair or replacement of the good causes significant inconvenience to the consumer, particularly when the consumer is ultimately responsible for the costs of picking up or removing the nonconforming good, or the costs of installing the repaired or replaced good; the lack of conformity of the good persists despite the seller’s unsuccessful attempt to remedy it.

The consumer is also entitled to a price reduction or to terminate the contract when the lack of conformity is so serious that it justifies an immediate price reduction or immediate termination of the contract. In such a case, the consumer is not required to first request repair or replacement of the good. The consumer is not entitled to terminate the sale if the lack of conformity is of minor importance.

Any period during which the item is out of service for repair or replacement suspends the remaining warranty period until the repaired item is delivered.

The rights mentioned above arise from the application of Articles L217-1 through L217-32 of the French Consumer Code. A seller who, in bad faith, obstructs the exercise of the legal warranty of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover (Article L241-5 of the French Consumer Code).

Warranty Against Hidden Defects. The consumer is also entitled to the statutory warranty against hidden defects under Articles 1641 through 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the item is retained, or to a full refund in exchange for the return of the item.

Procedure. The customer should send their claim to customer@vendifgems.com, including their order number, a description of the defect, and photographs.

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Article 9 – Responsibility and Care of Jewelry

Vendif Gems is responsible for the proper performance of the contract. It shall not be held liable in the event of force majeure, an unforeseeable and insurmountable event caused by a third party, or an event attributable to the Customer.

Legal warranties do not cover normal wear and tear or damage caused by impacts, drops, improper use, or lack of care. Larimar and other natural stones are sensitive to impacts, heat, prolonged exposure to light, and chemicals. We recommend that the Customer:

  • remove your jewelry before bathing, playing sports, showering, or doing household chores;

  • avoid contact with perfumes, lotions, and cleaning products;

  • Clean the jewelry with a soft, dry cloth, and store each piece separately in its case.

Detailed care instructions are available on the Site and are included with every order.

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Article 10 – Intellectual Property

The Vendif Gems brand, the slogan “Pierres d'Exception,” the logos, the jewelry designs, the photographs, the text, and all other elements of the Site are protected by intellectual and industrial property laws.

Any reproduction, display, or use, in whole or in part, without the prior written authorization of Vendif Gems is prohibited and may constitute an infringement of rights (counterfeiting). The purchase of a piece of jewelry does not grant the Customer any rights to such items.

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Article 11 – Personal Data

Vendif Gems collects the Customer's personal information (identity, contact information, order history) to process orders, manage delivery and customer relations, and, with the Customer's consent, send them promotional offers.

This data processing is carried out in accordance with the General Data Protection Regulation (GDPR) and the French “Informatique et Libertés” law. Data is disclosed only to the service providers necessary for order fulfillment (payment, shipping, web hosting).

The Customer has the right to access, correct, delete, restrict the processing of, object to, and transfer their data. They may exercise these rights by writing to customer@vendifgems.com. They may also file a complaint with the CNIL (www.cnil.fr) or with the data protection authority in their country of residence.

Details regarding the processing of personal data, retention periods, and the use of cookies are set forth in the Privacy Policy available on the Site.

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Article 12 – Customer Service, Mediation, and Applicable Law

Customer Service. For any questions or complaints, customers may contact Vendif Gems at customer@vendifgems.com, via WhatsApp at +33 6 59 95 35 09, or by mail at VENDIF GEMS Customer Service - 15 avenue de Champagne - 91940 Les Ulis - France.

Mediación. En caso de litigio no resuelto por el servicio de atención al cliente, el Cliente puede recurrir gratuitamente al mediador de consumo al que está adherido Vendif Gems. El Cliente deberá haber presentado previamente una reclamación por escrito a Vendif Gems y acudir al mediador en el plazo de un año a partir de dicha reclamación.

Applicable Law. The GTC are governed by French law. This provision does not deprive a Customer residing in another country of the protection afforded by the more favorable mandatory provisions of the law of their country of residence.

Jurisdiction. In the absence of an amicable resolution, the dispute shall be submitted to the competent court in accordance with the rules of general law. The consumer-customer may, at his or her discretion, bring the matter before the court of the place where he or she resided at the time the contract was entered into or where the harmful event occurred.

Language. The Terms and Conditions are written in Spanish.

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Appendix – Withdrawal Form

(You should only fill out and submit the following form if you wish to cancel the contract.)

This form is also available online at our website, vendifgems.com

Attention: Vendif Gems SARL

 VENDIF GEMS Customer Service

 15 Avenue de Champagne

91940 Les Ulis – France

 

customer@vendifgems.com

 

 

I hereby notify you that I am withdrawing from the contract of sale for the following property:

  • Property reference and description: …

  • Order number: …

  • Ordered on: … / Received on: …

  • Consumer's name: …

  • Consumer Affairs: …

  • Consumer's signature (only if this form is submitted on paper): …

  • Date: …

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