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General Terms and Conditions of Sale

If You have any questions or doubts surrounding our general terms and conditions of sale, don’t hesitate
to call us at the +33 1 42 46 90 89 and we will clarify !

These general terms and conditions of sale and use of the Website (hereinafter, the « Terms ») apply between:

Gemmyo SAS, Paris, a Simplified Joint-Stock Company with a share capital of €7754,937.50, registered in the Paris Trade and Companies Register under SIREN number 533 715 314, intra-Community VAT number FR31533715314, whose registered office is located at 26 rue Berthollet, 75005 Paris (hereinafter referred to as "We", "Us", "Our", the "Company", or "Gemmyo"),

and

Any person of legal age acting exclusively within the strict framework of their personal needs, who consults the Website www.gemmyo.com (hereinafter, the "Website") and/or makes a purchase from Gemmyo (hereinafter "You", "Your", the "User" or the "Internet User").

We ask You to read the Agreement (as defined below) carefully before using the Website and/or placing any order with Gemmyo insofar as this Agreement affects Your rights and obligations. The use of the Website and/or the placing of any order constitutes knowledge and acceptance of the Agreement on Your part. If You do not agree with any of these provisions, You may not use all or part of the Website and/or place any order.

Please print a copy of the Agreement for Your records.

1. General provisions

1.1 Useful contact details

If You wish to contact Us, Our details are as follows:

  • telephone number (from Monday to Friday from 9am to 7pm (French time)):
    - from metropolitan France (or +33 1 42 46 90 89 for international calls)
    - +32 2 320 29 34 from Belgium
    - +41 22 518 08 94 from Switzerland
  • email : hello@gemmyo.com
  • Director of publication: Charif Debs

If You wish to contact Our website host, here are the details:

  • Bearstech: 16 rue Meslay 75003 Paris – France
  • Phone number: +331 70 61 60 16
  • email: contact@bearstech.com

1.2 Scope of the Contractual Agreement

Your use of the Website and/or any purchase made from Gemmyo are expressly and exclusively governed by (i) the Terms, and (ii) any other terms and conditions published or otherwise referenced on the Website from time to time (together, the "Agreement"). Please note that the Terms prevail, in the event of any inconsistency and unless expressly provided otherwise, over any other terms and conditions referred to in section (ii) above.

1.3 Modifications to the Contract

The Contract may be revised, updated or otherwise modified at any time, in whole or in part, it being specified that when You place an order on the Website, the applicable Conditions are those in force on the Website at the date of registration of Your order.

1.4 Declaration of conformity to the CNIL

The declaration of conformity was made to the CNIL under the number 1531102 v 0.

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2. Pricing & Payment

2.1 Shipping costs

The prices of Our products are indicated, according to the chosen display currency, in euros or Swiss francs, including tax. Shipping is free in the European Union and in Switzerland. Outside the country, delivery costs are indicated (i) either on Our Website at the time of the order if the place of delivery is included in the options offered (ii) or by telephone or e-mail to Our Company for all other destinations.

2.2 Shipping abroad

For any order to a country other than the European Union or Switzerland, You are the importer of the product(s) ordered. For all products shipped outside the European Union or Switzerland, the price will be calculated exclusive of tax on the invoice. Customs duties, other local taxes, import duties or state taxes may be required. These duties and sums are not within Our competence and are not Our responsibility. They will be entirely at Your expense and under Your responsibility, both in terms of declarations and payments to the relevant authorities and/or organizations. We advise You to contact the competent authorities in your country.

2.3 Invoice

An invoice for Your order is issued upon dispatch of Your order. It is available in Your online customer area. It can also be requested by telephone or email from Gemmyo Customer Service.

2.4 Payment currency

All orders are payable in euros or Swiss francs

2.5 Changes in prices

Gemmyo reserves the right to alter prices at any time and without warning, under the aforementioned article 1.3. Products from now on or already ordered will continue to be invoiced on the basis of the prices in force at the time Your order is placed.

2.6 Payment of orders

You can pay for your order(s):

(I) by credit card (Visa, MasterCard, American Express, or Carte Bleue): the amount of Your order is then debited within 7 (seven) days. The date of registration of the order is the date of online payment.

(II) by bank transfer: Our Website provides You with Gemmyo's bank details. You must make the required transfer so that it appears within 7 (seven) days for the order to be registered. The date of registration of the order is the date of receipt of the funds in the Gemmyo account.

(III) by French bank cheque: You must send a cheque to Gemmyo SAS, 26 rue Berthollet, 75005 Paris and specify the purpose of the order by e-mail or telephone. The date of registration of the order is the date of receipt of the funds in the Gemmyo account.

(IV) by French credit card payment of 3 installments (Visa, MasterCard, American Express, or Carte Bleue): the amount of Your order will be divided into thirds.

  • The first third will be debited within 7 (seven) days of the order
  • The next will be debited one month after the order
  • The last third will be debited two months after the order

The date of registration of the order is the date of online payment.

If one of the direct debits is refused, the entire amount becomes due immediately in advance. It is not possible to reschedule the outstanding amount.

2.7 Prices displayed in the basket

Products placed in Your shopping cart will always reflect the most recent price displayed on Your product description page. This price may vary from the price that was displayed for the same product when You first placed the product in Your shopping cart. Placing a product in Your shopping cart does not ensure that its price will remain the same. However, it is also possible that the price of the product You have selected may be lower at checkout than when You selected it.

2.8 Potential errors

The information and in particular the prices that are displayed on the Website may be wrong due to system errors or typing errors. Whilst, of course, we make every effort to avoid such errors, they may occur. We will not honor orders resulting from incorrect information or pricing. If the price displayed is lower than the actual price of the product, We will contact You by email to either cancel the order or give You instructions on how to pay the price difference. We apologize for the inconvenience, please do not hesitate to contact Us with any questions you may have regarding this matter.

2.9 Non-negotiable prices

The prices of Our products are non-negotiable. Indeed, we strive to keep our prices as fair as possible. The final price of Our creations reflects the costs inherent to a French manufacture placed under the sign of excellence and relates the prices of raw materials such as precious metals and stones.

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3. Ordering, products and delivery

3.1 Conditions for placing an order

You declare:

  • You are at least 18 years old and have the legal capacity to place and honor any order or hold parental authorization allowing You to place and honor any order and be able to prove it at any time, upon Our simple request;
  • You are a person acting within the framework of Your personal needs (in particular, any order that You place must correspond to the normal needs of a private individual).

3.2 Placing an order

3.2.1 Methods of placing an order

You can choose to order:

  • on the Website; or
  • by calling our customer service department, from Monday to Friday from 9am to 7pm (French time) on:
    - 01 42 46 90 89 from metropolitan France (or +33 1 42 46 90 89 for international calls)
    - +32 2 320 29 34 from Belgium
    - +41 22 518 08 94 from Switzerland
  • during Your appointment in Our shops

3.2.2 Specific provisions applicable to the placing of orders on the Website

We will only acknowledge receipt of Your order if the following steps are taken:

Step 1: You add the product you wish to buy to your shopping cart, after having chosen the precious metal, the precious stone, the colour of the steel, the type of bracelet and the size you wish.

Step 2: Once You have chosen Your item(s) and put it/them in Your shopping cart, You must check Your cart by clicking on the "Shopping cart" tab and fill in the "Discount code" box if You have such a code.

Step 3: If the items correspond to the choices You have made, You must click on "Checkout" to validate Your order.

4th step: You must enter all the data requested, specifically:

  • Your name and surname;
  • Your contact details (telephone and email);
  • Your precise billing address (for security reasons, We ask that the billing address be the one recorded by the institution that issued your credit card, in order to protect You from any fraudulent use);
  • Your chosen delivery method;
  • Your precise delivery address if You wish a home delivery (P.O. boxes are not accepted);
  • Your method of payment.

At this stage, You will also be asked to read and accept our General Terms and Conditions of Sale, which You can access by clicking on "Gemmyo's GTC".

5th step: to validate Your order, You must:

  • check, on the summary page of Your order, the data You have entered and correct any errors;
  • click on "Confirm my order" to confirm your order

6th step: after the validation of Your Order, You will be redirected to the MoneticoPaiement platform of the CIC, in order to proceed with the payment. To do so, You must:

  • check the details of Your order, including its total price
  • fill in the requested details about Your credit card (credit card number, expiry date and verification code).

3.2.3 Your order receipt

Gemmyo is only bound by the order upon receipt of an acknowledgement of receipt from Us, as well as receipt of the funds corresponding to the order in its account. Gemmyo also reserves the right to cancel or refuse, without liability on its part, any order concerning a User, for just cause, in particular if there is any doubt or dispute concerning a previous order by the User.

3.2.4 Changes to Your order

Modifications by Us in case of unavailability of the product ordered:

Our product offers and their prices are valid within the limits of available products. If some of the products that You have ordered are no longer available, We aim to substitute them with products of at least equal or superior quality without changing the price of Your order. We will inform You as soon as We are aware of this unavailability, and if necessary, We will inform You of the new delivery date and, in any case, You will have the option of canceling Your order.

We also reserve the right to cancel all or part of an order in the event of the failure of one of Our suppliers or in the event of an emergency. We will notify You as soon as We are aware of this and refund any sums You have already paid to Us in relation to the canceled order or part of the order. In all cases, We will contact You as soon as possible to offer You different options.

3.3 Delivery

3.3.1 Information

We will inform You in writing of the manufacturing progress of Your purchase and the dispatch of Your items.

For any question concerning the information mentioned below, please contact Our Customer Service Department:

  • Our identity (name, telephone number, registered office), delivery charges, terms of payment, delivery or performance;
  • the terms and conditions for exercising the right of withdrawal;
  • the address to which You can make any complaints;
  • the guarantees available to You after delivery;
  • the expected date of dispatch of Your order and the date of delivery

3.3.2 Place of delivery

The products are delivered to the delivery address that You indicated during the ordering process. The delivery address of the product may be different than that of the resizing. If you have any doubts, please contact:

  • France: +33 1 42 46 90 89
  • Belgium: +32 2 320 29 34
  • Switzerland: +41 22 518 08 94

3.3.3 Delivery times

Unless longer manufacturing, processing, shipping and/or delivery times are required (which We will inform You of when You place Your order on the Website or in our shops), the products ordered are delivered within a maximum of 2 to 3 weeks from receipt of Your order (see section 3.2.3 above). Delivery will be deemed to have taken place on the date of first presentation of the products at the delivery address indicated.

3.3.4 Late delivery

We invite You to regularly consult the follow-up of Your order on the Website (see My orders) or by calling Our customer service. (article 1.1 above).

We will keep You informed of any delay in shipping that We become aware of.

If You order several products at the same time and only some of them are delayed, We may split the shipments. In this case, We will notify You of the arrangements We intend to make before the delivery is made.

In the event that the package appears to be damaged or spoilt, You must reject it from the carrier and inform Us of Your refusal by sending Us (a) a certificate on honor acknowledging the delivery of a damaged or spoilt product, (b) a copy of a proof of identity, and (c) a copy of a proof of address less than three months old.

3.3.5 Comments on the delivery or the products delivered

You must make sure to check the packages and the products upon delivery. If You have any reservation or observation justifying that the products should be returned to us, You must proceed as indicated in article 4 below.

3.3.6 Ownership - Risks

The transfer of ownership and risk of the products takes place upon delivery of the products. However, in the event that :

Condition A

(i) Your package is returned to Us by the carrier because the address is incorrect, or (ii) You do not claim it within the allotted time period, or (iii) You do not respond to the telephone, to Our voice and electronic messages to schedule the pick-up of Your products in the store (in particular if the e-mail addresses or telephone numbers You transmitted to Us are incorrect), or (iv) You do not show up for the scheduled pick-up in the store,

Condition B

You do not answer the telephone, Our voice messages and electronic messages to notify You of the situation (particularly if the e-mail addresses and telephone numbers that You have transmitted to Us are erroneous), and that We are therefore unable to reach You for a period of 3 months from the shipment of the parcel or the contact for the planning of the withdrawal of the product in the store, or from the date planned for the withdrawal in the store,

Gemmyo then retains ownership of the products and may freely dispose of them. Gemmyo retains the payments that launched the manufacture of the product and You agree that You will have no recourse to recover the amounts paid or the unclaimed products.

Failure to deliver or delivery of a damaged or spoiled product

In the event that (i) the courier indicates that it has delivered the product that You ordered and You dispute that such delivery has taken place or (ii) You have refused a package that was presented damaged or spoiled by the carrier, You agree to return to us signed (a) proof of the absence of delivery or the delivery of a damaged or spoiled product, (b) a copy of a proof of identity, and (c) a copy of a proof of address less than three months old, so that Gemmyo may take charge of the cost of a new shipment of said product.

3.4 The manufacture of products

3.4.1 Gemmyo does its best to ensure that its online catalog is as precise and correct as possible. In order for you to see the details of certain products, they may appear larger or smaller than they actually are. Because each computer is configured differently, their color may also vary.

3.4.2 Our aim is to give You as much information and detail as is necessary for You to feel that You know Your product before You own it. However, the weight of the stone displayed may vary by 0.1 carat from the actual weight of the stone. As we are a handcrafted company, it is possible that some of the measurements shown on our product pages may differ slightly from the actual product You will receive.

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4. Returns and resizing, right of cancellation

4.1 Returns

Up to thirty (30) days after the delivery date (see 3.3.3.), We give You the possibility to return products that have not completely satisfied You for a refund or exchange.

To do so, You must imperatively inform Gemmyo's customer service department in writing or by telephone (see article 1.1 above) of Your decision before returning the products to Us, indicate the reason for Your return and follow exactly the return process that We will explain to You. Your return request is only effective from the moment Gemmyo acknowledges receipt of Your return request in writing.

In the case of a return for reimbursement, the cost of the return and the insurance costs are covered by Our Company. For this purpose, Your package must be returned using the form provided by Gemmyo from one of the following countries: Metropolitan France & DOM TOM (Guadeloupe, Saint-Martin, Saint-Barthélémy, Martinique, French Guiana, Reunion Island, Mayotte, Saint-Pierre-et-Miquelon), Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and Switzerland.

Upon receipt of Your product, We will check that it is in perfect condition, then acknowledge receipt of the product. Then, We will refund You the price corresponding to the value of the products no later than fourteen (14) days following the date on which Your return was accepted by Gemmyo, as indicated in article 4.3 below

4.2 Conditions for accepting returns

Returns as described in article 4.1 above will only be accepted by Gemmyo and will only result in a refund or exchange if:

(I) the return process described by Our advisors and on Our Website has been respected;

(II) the products are returned to Us in perfect condition, without having been worn. Thus, items returned incomplete, damaged or soiled will not be accepted under any circumstances. In particular, products with scratches, even discrete ones, can never be taken back.

(III) Our specialists confirm that the setting and the stone, or any other component of the product, are in conformity with the product that was sent to You, without damage, modification or intervention of any kind;

(IV) the products are returned to Us in their complete original packaging (original certificate provided if applicable, accessories, packaging, including gift box, case, instructions, etc.)

As the vast majority of Our pieces are made to order according to Your specifications (choice of design, precious metal, gemstone, finger size for rings and bracelets, and personalized engraving), they fall within the scope of exception no. 3 of article L. 221-28 of the French Consumer Code. Thus, for all these pieces made to order (indicated as deliverable in « three or four weeks » or more, we specify that:

(A) The return is no longer possible if it is a second consecutive return for such parts made to order;

(B) Returns are only possible for one product per order for such parts made to order and piecework;

(C) Products that have been subject, at Your request, to an additional or specific custom modification (in particular a change in the size of the stone or stones of different colors than what is visible in Our online catalog) can no longer be refunded or exchanged;

(D) Similarly, some special products are not returnable. They are then clearly presented as such to the customer at the time of the order;

(E) However, a product that has been engraved by Gemmyo may be returned, provided that the other conditions for return have been respected;

(F)  Furthermore, products delivered outside the European Union or Switzerland, or delivered in France and having benefited from a tax exemption cannot be refunded or exchanged.

(G) Please note that for a return from Switzerland, the jewel must have a fineness mark recognized by Switzerland (always applied when the jewel is delivered to Switzerland). Otherwise, you will have to send the jewel back from France, Belgium or the EU, or drop it off at one of our shops in France or Belgium.

Conditions (A) and (B) above do not apply to standardized products, stocked by Gemmyo and which You would not request to be engraved in a personalized manner, identifiable by delivery times less than or equal to three (3) working days.

4.3 Refund and Exchange Terms and Conditions

All refunds will be made, at Gemmyo's discretion, either by crediting Your credit card, or by transfer to a bank account in the name of the customer who placed the order, with the billing address that was communicated at the time of the order.

In the event of an exchange, the amount initially received may be refunded to You. You can then place a new order for the chosen product. An exchange may also result in the collection or repayment of the price difference. The choice of the exchange method remains at the discretion of Gemmyo.

4.4. Resizing

Up to thirty (30) days after the delivery date (cf. 3.3.3.), We give You the possibility to return the ordered products to Us in order to resize your jewelry. 

To do so, You must inform Gemmyo's customer service department in writing or by telephone (see article 1.1 above) of Your decision before returning the products to Us, indicate the new size requested and follow exactly the return process that We will indicate to You. Your request for resizing is only effective from the moment Gemmyo acknowledges receipt of your return request in writing.

If You return the products to Us for resizing, the cost of return, insurance and shipping will be covered by Our Company, provided that Your package was returned using the slip provided by Gemmyo from one of the following countries: Metropolitan France & DOM TOM (Guadeloupe, Saint-Martin, Saint-Barthélémy, Martinique, French Guiana, Reunion, Mayotte, Saint Pierre and Miquelon), Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and Switzerland.

Upon receipt of the resized products, You will no longer be able to benefit from the provisions of articles 4.1, 4.2 and 4.3 above, i.e. You will not be able to return or exchange a piece of jewelry that has been resized. The period for resizing is 4 (four) to 6 (six) weeks.

4.5 Conditions of acceptance of resizing

Gemmyo will only accept size discounts as described in article 4.4 above if:

(I) the return process described by Our advisors and on Our Website has been respected;

(II) the products are returned to Us in perfect condition, without having been worn. Thus, items returned incomplete, damaged or soiled cannot be resized. In particular, products with scratches, even if discrete, cannot be resized.

(III) Our specialists confirm that the setting and the stone, or any other component of the product, are in conformity with the product that was sent to You, without damage, modification or intervention of any kind.

We also confirm that:

(A) Products that have been subject, at Your request, to a personalized or specific modification (in particular a change in the size of the stone or stones of different colors to what is visible in Our online catalog) cannot be resized;

(D) Similarly, some special products cannot be resized. They are then clearly presented as such to the customer at the time of the order;

(E) Resizing is possible on jewelry that has been engraved by Gemmyo, provided that the other conditions have been respected;

(F) Resizing is not possible for an order with a delivery address outside the European Union or Switzerland. For Switzerland, resizing is possible only if the jewelry has a fineness mark recognized by Switzerland, which is the case if we have delivered it in Switzerland.

4.6 Right of cancellation

According to the provisions of Article L. 221-18 of the Consumer Code, You have a period of fourteen (14) clear days from the date of receipt of the products to exercise Your right of cancellation, without justification or penalty. We will reimburse You fourteen (14) days at the latest following the date of cancellation. You will be able to do this via the cancellation form that will be made available to You upon delivery of the products, and that You can consult here, in accordance with Articles L. 221-1, L. 221-5 and L. 221-13 of the French Consumer Code.

However, as the vast majority of Our pieces are made to order according to Your specifications (choice of design, precious metal, precious stone, finger size for rings and bracelets, and personalized engraving), they fall within the scope of exception no. 3 of article L. 221-28 of the French Consumer Code. Thus, for all those pieces made to order (indicated as deliverable in « three or four weeks » or more, or in general for any piece that You would ask to be engraved in a personalized manner), this right of cancellation is not applicable, which You expressly acknowledge.

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5. Guarantees

5.1 Concerning the products

5.1.1 Legal guarantees

Gemmyo complies with the legislation in force concerning the product's lack of conformity with the Contract and unacceptable defects under the conditions set forth in articles 1641 to 1649 of the Civil Code:

Article L. 217-4 of the French Consumer Code: The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.« 

Article L. 217-5 of the Consumer Code : To conform to the contract, the goods must:

1° Be fit for the purpose usually expected of similar goods and, where applicable:

- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;

- have the qualities that a purchaser may legitimately expect, with regard to the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;

2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article L. 217-12 of the Consumer Code: The action resulting from the lack of conformity is put into place up to two years from the delivery of the goods.

Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the object sold which make it unfit for the use for which it was intended, or which diminish this use to an extent that the buyer would not have bought it or would only have paid a lower price for it, if he had known about them.

Article 1648 paragraph 1 of the Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. "

In addition, Gemmyo extends this warranty to jewelry sold by the Company beyond two years and without any time limit as long as the product is used under normal conditions.

It is recalled, as necessary, that (i) damage, deformation and destruction of products as well as (ii) breakage and loss of stones and pearls, which would be the consequence of external stresses, shocks or handling defects are not covered by this warranty. They result in the customer being given an estimate of repair, and, if You accept the estimate, an invoice for the repair.

5.2 Regarding the Website

Without prejudice to the guarantees set forth in article 5.1 above, Gemmyo does not grant any guarantee on the Website and/or the Content (as described in article 7 below). In particular, Gemmyo makes no warranty as to the conformity of any of the elements of the Website to any particular use. Gemmyo does not warrant that the functions contained on the Website and any Content or other elements contained therein will always be available, uninterrupted or error-free, that any defects or errors will be corrected immediately, or that the Website or its server will at all times be free of viruses or other components that may cause damage.

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6. Responsability

6.1 Conformity to the legislation

The products offered are in conformity with the French legislation in force at the time of the proposal. Gemmyo cannot be held responsible in the event of non-compliance with the legislation of the country where the products are delivered. It is up to You to check with the local authorities the possibilities and conditions of importing the products that You plan to order, and to take them under your entire responsibility.

Moreover, if You choose to access the Website from other territories than France, You do so on Your own initiative and at Your own risk. It is up to You to respect the local legislation insofar as this legislation is applicable.

6.2 Photo of the products

The photos of the products are presented for illustrative purposes only. We invite You to refer to the description of each product to know the precise characteristics. In case of doubt or if You wish additional information, do not hesitate to contact Us (see article 1.1 above).

6.3 Limitations of compensation

Except in the case of fraud or gross negligence and except in the case of liability for defective products, Gemmyo's total liability, for all damages compensable under the terms of the Contract, that it may cause You within the framework of the Contract, is limited to compensation for foreseeable, direct and material damages affecting You as a result of Gemmyo's failure to comply with the Contract. This compensation may in no case exceed the amount of Your last purchase, even if Gemmyo was warned of the possibility of such damages.

It is specified that, within the framework of the Contract, all losses of profits, turnover, data, databases or programs, the loss of savings and all additional costs, as well as all damage to image and all claims by third parties, are recognized as indirect damage that does not give rise to a right to compensation by Gemmyo, even if they were foreseeable.

Gemmyo shall not be liable for damages caused by (I) your own act, omission or fault; (II) any case of emergency as defined by the jurisprudence of the French courts; (III) any third party not linked to Gemmyo for the performance of the Contract (for example, in the event that problems arise from the performance, congestion or connection of telecommunications means or services, or the performance of your computer equipment); or (IV) any other event that neither Gemmyo nor its suppliers could have foreseen or prevented even if Gemmyo or its suppliers had taken all reasonable precautions.

In particular, the following shall be considered to be Your own act, omission or fault: any damage or loss that You may suffer as a result of the unsuitability or incompatibility of Your computer equipment (hardware and/or software) with all or part of the Website and/or the failure to implement all reasonable and necessary protections against any damaging programs, devices or communications, as it is Your responsibility, and Yours alone, to (I) verify or have verified that Your computer and/or telecommunications equipment is appropriate and compatible with the Website, prior to any use and (II) implement all reasonable and necessary protections against all harmful programs, devices or communications, in particular by means of anti-virus software.

6.4 Links to other websites

The Website, as well as other pages controlled by Gemmyo (Facebook pages, Instagram etc.), may contain links to other Websites on the Internet. These other Websites are not under the control of Gemmyo and You acknowledge that Gemmyo is not responsible for the accuracy, intellectual property rights compliance, legality, decency or any other aspect of the content of these Websites. The inclusion of any such link does not imply any endorsement by Gemmyo, nor any association with its operators. Gemmyo cannot ensure that You will be satisfied with any product or service You obtain from a third party Website that is hyperlinked to or from the Website, as the channels of other online businesses are owned and operated by independent merchants. Gemmyo does not promote any merchandise and has not taken any steps to confirm the accuracy or reliability of any information on these third party Websites. We urge You to conduct whatever research You feel is necessary or appropriate before engaging in any electronic transaction with any of these third parties.

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7. Intellectual property

7.1 Legal protection

The Website and all elements (including products), documents and other data contained therein (the "Content"), whether visual or audio, are protected by French and international rules applicable to trademarks, trade names or other distinctive signs, copyrights, neighboring rights, copyrights and other intellectual property rights, trade or service marks - whether registered or not as such - and trade names or other distinctive signs, copyrights, neighboring rights, sui generis rights, design rights, patents, manufacturing or trade secrets or other rights of a similar nature and belong to or have been licensed to Gemmyo.

7.2 Infringement of intellectual property rights

Your right to use the Website and any Content or other elements contained therein is subject to Your compliance with the Agreement and any applicable law or regulation. Any use of the Website or any Content for any purpose other than as permitted by the Agreement may violate Our rights or those of Our licensors:

(I) You may access and display any Content and other materials on the Website only for non-commercial, private use;

(II) the Website and any Content may not be copied, reproduced, modified, republished, uploaded, posted, adapted, transmitted, distributed or used in any way without Gemmyo's prior written permission or unless otherwise permitted by applicable law (in which case You must keep intact all proprietary notices);

(III) You must not use meta tags or any other hidden text containing Our name, brand(s) or that of Our related companies without Our specific, prior and written consent;

(IV) any User who wishes to place, for their personal use, on their Website, a simple link referring directly to the home page of the Website, must obtain Our specific prior written consent; in no event shall Our agreement engage Our responsibility, on any grounds whatsoever, for the Website or any Content;

(V) any hypertext link to the Website by the framing or in-line linking technique is strictly prohibited.

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8. Comments, reviews, communications and other content

8.1 Submission of content

Users may send Us reviews, comments or other content, submit suggestions, ideas, questions or other information, as long as such content is not illegal, obscene, abusive, threatening, defamatory, infringing on intellectual property rights, or harmful to third parties and does not consist of or contain computer viruses, political activism, commercial solicitations, mass mailings, chain letters or any other form of "spam". You must not use a false e-mail address, impersonate any person or entity, or lie about the origin of the content. We reserve the right, in Our sole discretion, to remove or edit any content and to take legal action against offenders.

8.2 Right to reproduce material

If You send Us content, and unless otherwise specified by You, You grant Us and our affiliates, for the applicable legal term of protection, the non-exclusive, free right to reproduce, modify, adapt, publish, translate, distribute, sub-license and display such content throughout the world, on the Site and in all media.

8.3 Required rights

You declare and guarantee to Us that You are the owner or holder of the necessary rights to the content that You transmit to Us. You agree to indemnify Us in the event of an action or claim by a third party against Us if this action is based on or originates from the content that You have transmitted to Us.

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9. Applicable law - Jurisdiction

9.1 Applicable jurisdiction

The Contract is subject to French law subject to the mandatory rules applicable in Your country of residence.

9.2 Applicable tribunals

In the event of a dispute, You may bring the matter before the court of Your choice, in addition to the court of Our registered office, the court of the actual place of delivery of Your order.

9.3 Mediation

In accordance with Article L. 612-1 of the French Consumer Code, You may have free access to the CM2C mediation service to which we belong by email or by post: CM2C - 14 rue Saint Jean - 75017 PARIS.

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10. Protection of personal data

10.1 Management of personal data

The personal data collected on the Website is intended for Gemmyo with Your consent. Gemmyo is committed to protecting Your personal data. All personal data concerning You collected by Gemmyo is treated with the strictest confidentiality, in accordance with the provisions of Law 78-17 of January 6, 1978 on Information Technology, Files and Liberties, for the purpose of processing orders. Your personal information and data are necessary for the management of orders and relations with You, as well as to keep You informed of all commercial offers and information likely to interest You. It may be transmitted to service providers and contractual partners who intervene and contribute to the management of orders as well as to all Gemmyo subsidiaries. You are informed of the compulsory or optional nature of the data entered at the time of collection. This information and the management of orders are also kept for security purposes, in order to comply with legal and regulatory obligations and to enable Gemmyo to improve and personalize the services offered to You.

10.2 Identity and contact details of the data protection officer

The person responsible for processing personal data collected in the context of the creation of a user's personal account and browsing on the Website is Gemmyo's Data Protection Officer.

As the person responsible for processing the data they collect, they undertake to respect the legal provisions in force. It is their responsibility to establish the purpose of the information processed and thus to provide their customers and prospective customers with complete information on the processing of their personal data and to maintain a register of processing in accordance with reality.

Whenever Gemmyo processes personal data, we take all reasonable steps to ensure that the personal data is accurate and relevant to the purposes for which we process it.

If you have any questions regarding the collection and processing of Your data by Gemmyo, you may contact the Data Protection Officer at the following addresses :

  • By post: To the attention of the Data Protection Officer - 26 rue Berthollet - 75005 PARIS
  • By email : rgpd@gemmyo.com

10.3 How long your personal data will be kept

If you decide to create a client account, Your identity data will be conserved as long as Your account is active and You don’t close it. You can close Your account at any time by a simple request according to the terms of article 10.5 below. Your request will be taken into account as soon as possible or, in the case of an order in progress, as soon as it is completed.

Data related to Your product purchases or Your requests for information will be kept by Gemmyo for an unlimited period of time in order to accompany You for all significant events in Your life (birth, anniversary, relationship anniversary, civil marriage, wedding, wedding anniversary, etc.). If You wish to object, again, a simple request in accordance with the terms of article 10.5 will ensure the deletion of the information concerning You.

10.4 Security of your personal data

In accordance with the Regulations, Gemmyo implements all technical and organizational measures appropriate to the nature of the data and the risks presented by processing, to preserve the security and confidentiality of the personal data you provide and, in particular, to prevent it from being distorted, damaged or accessed by unauthorized third parties.

In the event of an anomaly being detected, we will communicate within a maximum of 3 days in full transparency on their situation. Firstly, we will inform the competent control authority, the CNIL in France. Then, we will warn the people whose data has been hacked, if the leakage could cause a real risk for their rights and freedoms.

10.5 Right of access, amendment and contradiction

In accordance with the French Data Protection Act of 6 January 1978, You have the right to access, rectify and object to any personal data concerning You. To exercise these rights, You must send a letter to Gemmyo, 26 rue Berthollet 75005 Paris, or an e-mail to rgpd@gemmyo.com, indicating Your last name, first name, e-mail address and Your customer references. Each request must be signed and accompanied by an identity document bearing Your signature and must specify the reply address. This reply will then be sent within 2 months of receipt of the request.

10.6 Bloctel

In accordance with Article 223-2 of the French Consumer Code, We inform You that You may, if You so wish, register on the opposition list for telephone canvassing on the website www.bloctel.gouv.fr.

Registration on this list allows You to no longer be approached by phone by a professional with whom there is no pre-existing contractual relationship. If You are already registered on the Bloctel list, the fact that You provide Us with Your telephone details authorizes Us to use these to call You back in connection with Your order or to suggest other services to You.

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11. Commercial offers and newsletters

Gemmyo may send You commercial offers by mail, email, text message, telephone or via all web spaces managed by Gemmyo or one of its partners on social networks, subject to prior acceptance. You have the right to oppose these commercial prospecting mailings at any time, free of charge, by clicking on the "unsubscribe" link included in each email.

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12. Cookies

12.1 Use of cookies

When You consult the Website, information relating to Your navigation may be recorded in "Cookies" files installed on Your terminal (computer, tablet, Smartphone). These cookies are issued by Gemmyo in order to facilitate navigation on the Website and to recognize Your browser when You are connected to the Website. These cookies are issued in order to:
- Establish Website visiting figures (number of visits, pages viewed, cancellation in the order process, etc.)
- To adapt the presentation of the Website to the display preferences of terminals,
- To store information entered in forms, to manage and secure access to reserved and personal areas such as the customer account and to manage the order basket.

12.2 Utility of cookies

Gemmyo reserves the right to install cookies on Your computer during visits to the Website. A cookie is a small file that is sent to Your computer and stored on Your hard disk. A cookie does not allow You to be identified, but its purpose is to indicate any previous visit to the Website in order to help Gemmyo personalize its services.

12.3 Deactivation of cookies

You can set the parameters in order to deactivate cookies and prevent cookies from being installed on Your computer without Your express consent. Any settings made may modify Internet browsing and the conditions of access to certain services on the Website that require the use of cookies.

12.4 Third party applications

The Website uses computer applications from third parties, which allow You to share content from the Website with other people or to let these other people know what You think of the content on the Website (social networks such as Facebook, Instagram, Google+, Twitter, etc).

12.5 Collection of information by social networks

When You visit a page of the Website containing a "Share" or "Like" button, Your browser establishes a direct connection with the servers of the social network concerned. If You are connected to the social network during Your navigation, the application buttons allow You to link the pages consulted to Your account. If You interact with the plug-ins, for example by clicking on the "Like" button or by leaving a comment, the corresponding information will be transmitted to the social network concerned and published on Your account. If You do not want the social networks to link the information collected through the Website to Your account, You must log out of the relevant social network before visiting the Website. In particular, Gemmyo collects and uses Your browsing data when You visit the Website through Facebook. This data is collected solely for Gemmyo’s use.

12.6 No responsibility for social networks

Gemmyo is in no way responsible in any way for the content or operation of any of the social networks, including those that may be linked to the Site.

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13. A Variety of Other Clauses

13.1 Substitution of provisions

If any provision of the Agreement is held to be illegal, invalid or unenforceable for any reason and it is not possible to substitute a reasonable provision of similar effect by operation of law (which the parties have already allowed any court to do, to the extent permitted by applicable law), then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of the remaining provisions to the fullest extent possible under applicable law.

13.2 Non-waiver in the case of not exercising certain rights

The fact that Gemmyo does not exercise one of the rights conferred upon it under the terms of the Agreement shall not be interpreted for the future as a waiver of the right in question nor as an obstacle to the exercise of any other right.

13.3 Transfer of rights and obligations

We may transfer (by any means and in any form, including merger) Our rights and obligations under the Contract, without notice to You: (i) to any entity which is or will be related to Us, or (ii) to any person or entity which will acquire control directly or indirectly of all or a substantial part of Our property or capital or voting rights or those of any of Our related entities. You may not transfer (by any means) the Contract without Our prior written consent.

13.4 Ways of notifying customers

We may give You any notice under the Contract either by posting it on the Site, by email, or by normal, express or registered post to Your address on Our systems, at Our option. You acknowledge and agree that either of these methods of notification, as chosen by Us, is sufficient for Your information.

13.5 Use in evidence

Gemmyo may rely, in particular for the purposes of proof of any act, fact or omission, on programs, data, files, recordings, operations and other elements (such as monitoring reports or other statements) of a computer or electronic nature or format, established, received or stored directly or indirectly by it, except in the case of abuse or obvious error. You expressly acknowledge the possibility of Gemmyo making use of these elements of a computerized or electronic nature or format.

13.6 Changes to the Conditions

In view of possible changes to the Website and regulations, Gemmyo reserves the right to modify the Conditions at any time. The new Conditions will, if applicable, be brought to Your attention by online modification and will only be applicable to sales made after the modification.

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Updated 07/23/2024