Last updated date: 2025-05-12
Article 1 – Purpose
These General Terms and Conditions of Sale (GTC) govern sales made by Arvernes-Gemmes on its website (https://arvernes-gemmes.com). Arvernes-Gemmes specializes in the sale of gems, minerals, and related items and services. These General Terms and Conditions of Sale do not cover consignment sales, the purchase of collections, or lapidary services, which are governed by specific contracts, personalized quotes, and their own respective General Terms and Conditions of Sale. Sales made through the website are exclusively reserved for end customers, whether individuals or legal entities, acting for personal or professional purposes, to the exclusion of any reseller or intermediary acting on behalf of third parties, unless expressly agreed by Arvernes-Gemmes.
Article 2 – Definitions
In these General Terms and Conditions of Sale (GTC), the following terms have the meanings defined below:
Order: Refers to any purchase request made by the customer to Arvernes-Gemmes for the acquisition of products or services offered by Arvernes-Gemmes on its website.
Customer: Refers to any natural or legal person who places an order with Arvernes-Gemmes for the purchase of products or services. The customer is the buyer, whether a consumer or a professional.
Seller: Refers to Arvernes-Gemmes, identified as the party responsible for the sale of products or services and the execution of orders. The seller is the provider of the products and services offered for sale.
Product: Refers to any good or item offered for sale by Arvernes-Gemmes, whatever it may be, and including all products available on the website, whether they are merchandise, goods, or items intended for sale.
These terms are used to describe the contractual relationships between the parties in the context of the sale of products or services offered by Arvernes-Gemmes.
Article 3 – Acceptance of GTC
Any order placed on the website implies the customer’s unreserved acceptance of these GTC. The GTC are systematically presented to each customer at the time of order confirmation, and only their acceptance allows the customer to confirm their order.
Article 4 – Price
The prices of our products are indicated in euros, excluding taxes. VAT does not apply (Article 293B of the CGI), unless otherwise stated, and does not include processing and shipping fees. For any order destined for a country other than metropolitan France, you act as the importer of the products concerned. Customs duties, local taxes, import duties, or other fiscal levies may apply. These costs are your sole responsibility, both for the necessary declarations and for payments to the competent authorities in your country. It is recommended that you inquire with local authorities about these terms. All orders, regardless of their origin, are payable in euros. Arvernes-Gemmes reserves the right to modify its prices at any time; however, products will be invoiced according to the rate in effect at the time of order confirmation, subject to availability.
Article 5 – Orders
Arvernes-Gemmes reserves the right not to register a payment and not to confirm an order for various reasons, particularly in case of supply problems or difficulties related to the received order. It should be noted that orders will only be processed and confirmed after validation and effective receipt of payments (funds credited to our account). The general terms and conditions of sale (GTC) will be presented in French at the time of order confirmation and will be subject to explicit acceptance by the customer. The possibility to place an order is reserved exclusively for adults. Therefore, only users aged 18 or older are authorized to create an account and make purchases on the Site.
Article 6 – Payment
Arvernes-Gemmes cannot guarantee the availability of ordered products without prior payment. Products remain the property of Arvernes-Gemmes until full payment of the order. Orders paid by check or bank transfer will only be processed after the check has cleared or the bank transfer has been effectively received. Payments can be made by credit card, bank transfer, PayPal, or check, within the limits of the payment methods offered on the website at the time of order. Credit card payments via PayPal must be made in a single transaction at the time of order, unless otherwise expressly stated on the website. At no time shall the collected amounts be considered as deposits or down payments. In case of payment by bank transfer, a bank account identification statement (RIB) will be automatically communicated to the customer after order confirmation to allow the transfer to be executed. The transfer must be made within 7 calendar days from the order confirmation. In case of payment by check, the payee and the address to which the check should be sent will be automatically communicated to the customer after order confirmation. The check must be received within 7 calendar days following order confirmation. Discounts are granted at the sole discretion of Arvernes-Gemmes. Arvernes-Gemmes reserves the right to suspend delivery or cancel any order from a customer who has not fully or partially paid a previous order, or with whom a payment dispute is ongoing.
Article 7 – Right of Withdrawal
In accordance with Article L.221-18 of the French Consumer Code, you have a period of 14 days from receipt of your order to exercise your right of withdrawal, without having to justify your reasons or incur any penalties. All requests for withdrawal must be made by email (contact@arvernes-gemmes.com). Returned products must be intact, complete, and in their original packaging, with all accessories and related documents. You are responsible for the condition of the items until they are received by our services. Any damage sustained during transport may result in the loss of your right of withdrawal. Return shipping costs are the responsibility of the customer. For returns from France, the shipment must be made via La Poste’s Declared Value service, with insurance covering the full value of the product. For returns from abroad, the customer is free to choose the shipping method, provided that it is secure, insured for the full value of the product, and delivered against signature. In addition, the customer is responsible for any customs duties and return taxes applied on behalf of Arvernes-Gemmes. The customer also undertakes to declare the return as such during the customs procedure, expressly stating that it is a return of goods in order to avoid any additional taxation. In the event of cancellation and refund of an order paid for via PayPal, refund fees may be applied by PayPal. This provision applies in particular to customers whose PayPal account is not based in France. Arvernes-Gemmes accepts no responsibility for these fees, which are linked to PayPal’s policy and are not the result of Arvernes-Gemmes’s actions. These fees are therefore the sole responsibility of the customer, and no claims relating to these fees will be considered by Arvernes-Gemmes.
Article 8 – Availability
Products are considered in stock when displayed as such. In case of stockout, they will not be available for online sale. Some items may be offered by order; in this case, they will be clearly marked as “pre-ordered” or “on order”. If a product becomes unavailable after your order is confirmed, you will be informed by email and your order will be canceled. For pre-ordered or on-order products, delivery times may be longer. No claims will be accepted regarding these additional delays. Arvernes-Gemmes also reserves the right to refuse orders for large quantities of the same product.
Article 9 – Delivery
Delivery is provided in France and abroad, subject to logistical and regulatory feasibility. Shipping times are generally 72 hours after receipt of payment, except for pre-ordered or on-order products. This timeframe is indicative and does not constitute a contractual commitment in any way. In case of shipping delay, an email will be sent to you to inform you of any potential consequences on the initially estimated delivery time. The shipping time corresponds to the time elapsed between order confirmation and the actual handover of the package to the carrier. In case of delivery by a carrier, Arvernes-Gemmes cannot be held responsible for any delivery delay.
For private customers, the transfer of risks of loss, theft, or damage to products occurs when the customer physically takes possession of the products, or, in case of delivery by carrier, when the package is received by the customer (or any person designated by them).
In case of receipt of a visibly damaged package, the customer is required to refuse delivery. The customer must also have the damage noted by the delivery person and promptly provide photographs of the package and/or damaged products. Failing this, any request for replacement or refund may be refused.
Arvernes-Gemmes cannot be held responsible for losses, thefts, delays, or damages attributable to the carrier once the package has been handed over to them. The responsibility for tracking and recourse in case of a delivery dispute lies with the customer vis-à-vis the carrier.
For professional or international customers, the transfer of risks of loss, theft, or damage occurs upon the handover of products to the carrier by Arvernes-Gemmes, even in the event of delay, damage, or subsequent non-delivery. From this handover, the professional or international customer assumes full responsibility for the goods and expressly waives any recourse against Arvernes-Gemmes. In case of damage noted upon receipt, the customer must exclusively initiate claims and compensation procedures with the carrier, without any compensation or refund being demandable from Arvernes-Gemmes.
Article 10 – Warranty
All products offered by Arvernes-Gemmes benefit from the legal guarantee of conformity as well as the warranty against hidden defects, in accordance with current legislation, unless specifically stated otherwise. However, regarding raw gems, minerals, and stones, being natural products, variations in colors, shapes, sizes, or natural imperfections are not considered defects. Furthermore, given their nature, these products may exhibit intrinsic fragility, as well as a risk of cleavage or breakage, which is inherent to their composition and properties. These risks do not constitute hidden defects and cannot be subject to claims. Claims for defective or non-conforming products must be made within 30 days following receipt of the products. No refund will be granted for products that have been damaged, modified, or whose packaging has been altered. Any claim, exchange request, or refund under warranty must be submitted by email (contact@arvernes-gemmes.com) within 30 days following receipt of the products.
Article 11 – Discrepancies between Product Characteristics and their Representation
Although Arvernes-Gemmes uses precision equipment and makes every effort to ensure the greatest possible accuracy in the information displayed on the website, it is possible that the dimensions, weight, or photos of the products visible on the website may show slight differences from reality. These variations may be due to technical factors (photography, lighting, equipment) or to the natural characteristics of the products (particularly for gems and minerals). Therefore, the dimensions and weight of samples are provided for informational purposes only. Arvernes-Gemmes undertakes to provide information as accurate as possible, but these discrepancies can in no way constitute a reason for complaint.
Article 12 – Liability
Arvernes-Gemmes undertakes to provide products that comply with current specifications and legal standards. However, Arvernes-Gemmes cannot be held liable for any direct, indirect, physical, moral, or any other type of damage arising from the use of the products, whether due to misuse, inadequate use, or any other circumstance, particularly in the context of lithotherapy practice. Arvernes-Gemmes’ liability is limited to the total amount paid by the customer for the purchase of the product. In no event shall the company be held liable for indirect damages, loss of profits, data, or any other harm resulting from the use or inability to use the products. Regarding natural products (such as gems, minerals, colored stones, precious stones, or other raw materials), the risks related to their fragility, cleavage, or breakage cannot be attributed to Arvernes-Gemmes. It is the customer’s responsibility to handle these products with care and caution. Arvernes-Gemmes also disclaims all responsibility in case of delay or error in delivery or payment error resulting from an incorrect address label or erroneous information provided by the customer or an error by the carrier. In this case, the customer assumes full responsibility for the error and bears the costs of reshipment or return of the products. Arvernes-Gemmes cannot be held responsible for delivery delays caused by events qualified as force majeure such as strikes, extreme weather conditions, natural disasters, fires, transport disruptions, or any other circumstance beyond the company’s reasonable control. Finally, Arvernes-Gemmes’ liability cannot be engaged in case of non-compliance with the legislation of the country of delivery. The buyer is responsible for checking the import and use conditions of the products in their country and ensuring their compliance with local regulations before placing any order.
Article 13 – Personal Data
The collection and processing of personal data by Arvernes-Gemmes are governed by its privacy policy. By placing an order, the customer expressly accepts the terms of this policy, which is available on the company’s website at the following address: https://arvernes-gemmes.com/politique-de-confidentialite/.
Article 14 – Archiving and Proof
Arvernes-Gemmes undertakes to archive purchase orders, invoices, and transaction-related documents in accordance with current legal requirements. These documents will constitute proof if needed, in accordance with applicable legislation.
Article 15 – Severability Clause
Should any provision of these General Terms and Conditions of Sale be declared illegal, invalid, or unenforceable by a competent court, this provision shall be deemed repealed and unwritten, without affecting the validity of the other provisions of these General Terms and Conditions of Sale. The parties shall endeavor, as far as possible, to replace the repealed provision with a new valid provision that approximates the original intent of the parties.
Article 16 – Photo Ownership and Usage Rights
The product photographs displayed on the website are the exclusive property of Arvernes-Gemmes, even after the sale of the product. These photos are protected by intellectual property rights and may not be used, reproduced, or distributed without the prior written authorization of Arvernes-Gemmes. The company reserves the right to freely use these photos for commercial, promotional, or other purposes, without restriction. Any reuse, reproduction, or distribution of the website’s photos for commercial, private, or public purposes is strictly prohibited. Any infringement of this rule will automatically lead to legal proceedings.
Article 17 – Applicable law in case of disputes
The language of the contract is French. These general terms and conditions of sale are governed by French law. In the event of a dispute concerning the interpretation, execution, or validity of these conditions, the client may, in the first instance, attempt to resolve the dispute amicably by contacting Arvernes-Gemmes in writing (contact@arvernes-gemmes.com). If no amicable solution is found, the dispute will be brought before the competent courts. In this case, only the Commercial Court of Clermont-Ferrand will have jurisdiction over the dispute.