Legal Notice - DIAM and Co

General terms of sale

The present general terms of sale and use (« Terms ») apply between :

www.diam-and-co.com trademark belonging to Société Anonyme Monégasque (Diam and co), with capital stock of 760 000 € euros, inscribed to the Registre du Commerce et des Sociétés de Monaco with company registration number R.C.I 89 S 02495, VAT number FR 55 000 013 853, with headquarters are located in Palais de la Scala, 1 avenue Henri Dunant, 98000 Monaco (hereafter, « We », « Our », or  « Diam and co »), and any physical person over 18 acting exclusively within the strict framework of its personal needs, using www.diam-and-co.com website (hereafter, the « Website ») and/or completing a purchase with Diam and co (hereafter « You », « Your », the « User » or the « Visitor »).

Please read carefuly the Contract (as defined hereafter) before using the Website and/or placing any order with Diam and co to the extent that this Contract affects Your rights and obligations. The simple use of the Website and/or order placement mean that your are aware and agree definitively with Your part of the Contract. In case You do not agree with any of these provisions, You are not authorized to use all or part of the Website and/or place any order.

Please print a copy of the Contract for Your records.

Article 1 : General provisions

1.1 Contact details

If you wish to contact us, our contact details are as follows :

- phone number : +377 93 25 76 88 from Monday to Friday, from 8.30 a.m. to 5h30 p.m. (French hour).

- Email : contact@diam-and-co.com

1.2 Scope of the contract

Your use of the Website and/or any purchase made with Diam and co are explicitly governed by (I) the Terms, and (II) any other published term and condition, even differently referenced, on the Website (the « Contract »). Please note that the Terms prevail in case of conflict and unless otherwise explicitly provided, on any other term and conditions mentionned in above section (II).

1.3 Contract amendments

The Contract can be, at anytime, reviewed, updated, or amended, completely or partially, as when You place an order on the Website, the applicable Terms are those in force on the Website on the date of the Your order confirmation. 

Article 2 : Prices & Payment

2.1 The prices of Our products are indicated in euros, all taxes included. The shipping cost is 20 € in metropolitan France (free for orders over 100 €) The shipping cost in Europe is 20 € (free for orders over 200 €). For a delivery outside E.U., please contact our Sales Department.

2.2 For any order outside France, You are the importer of the ordered product(s). Custom fees, other local taxes, import duties or state taxes can be payable. These duties and amounts are out of Our hands and are not Our responsibility. They will be at Your entire expense and under Your own responsibility, for what deals with declarations as well as the payments made to competent authorities and/or organisms. We advise You to seek information from your country’s competent autorities.

2.3 On delivery, we will issue and send you an invoice for Your order (see hereafter article 3.2.3).

2.4 All the orders are payable in euros.

2.5 Diam and co reserves the right to modify its prices at any time and without prior advise, subject to the above article 1.3. The products already ordered will stay invoiced on the going rate when Your order was confirmed.

2.6 You can process your payment as follows :

I) by credit card (Visa, MasterCard, American Express, Credit Card) : the amount of Your order is charged in real time. Validation date of the order corresponds to the on-line payment date.

(II) by wire transfer : Banque Populaire, IBAN : MC58 1560 7000 6469 0213 6636 045 BIC : CCBMPCM1XXX Account holder : SAM Créations Lizhel. You must organize the wire transfer so that it appears on Our account within 7 (seven) days in order to make sure the order is registered. Order registration date corresponds to the date of funds reception on Diam and co’s bank account.

(III) by bank cheque : you can send a cheque, to the order of Diam and co, to Créations Lizhel, Palais de la Scala, 1, avenue Henri Dunant, 98000 Monaco specifying by email or by phone the ordered items. Order registration date corresponds to the date of funds reception on Diam and co’s bank account.

2.7 The products added to your shopping basket will show the most recently featured price on the description page of your product. It is possible that this price differs from the price featured for the same product when you added the product to your shopping basket in the first place. Adding a product to your shopping basket does not mean that its price will stay the same as the one featured when you added the product to your shopping basket.

2.8 The information, and especially the prices displayed on the website can be wrong due to system or typographical errors. Even if we do our best to avoid this kind of errors, they can happen. We do not deliver the orders  placed based on wrong information or price basis. If the featured price is inferior to the real price of the product, we will contact you by email in order to cancel the order or to provide you instructions related to the price difference. We are sorry for the inconvenience, do not hesitate to contact us for any question you may have regarding this matter.

2.9 The prices of our products are non-negotiable. In fact, we do are working to provide you the best possible prices.  

Article 3 : Order, products and delivery 

3.1 Conditions to place an order

You declare :

- being over 18 and having the required legal capacity to place and honour any order or holding a parental authorization enabling you to place and honour any order and to be able to justify it at any time, upon Our request ;

- being a physical person acting in the framework of your personal needs (in the sense that any order You place has to correspond to the normal needs of an individual).

3.2 Placing an order

3.2.1 Procurement methods

You can choose to place Your order :

- directly on the Website ; or

- by phone to our Customer Support Team on +377 93 10 61 80 (Isabelle).

3.2.2 Order reception

As soon as Your order is registered (by phone or on the Website) and within a maximum of 2 (two) working days following the registration, We acknowledge the receipt of Your order and advise You. Diam and co is bound by the order only when the acknowledgment of receipt is sent. Diam and co reserves the right to refuse, without responsibility, any order concerning a User, on fair motive, especially in the case of an existing doubt or dispute related to a prior order.  

3.2.3 Order modification

We reserve the right to cancel all or part of an order in case of failure from one of our providers as well as in case of force majeure. We will advise You as soon as We are aware of it and will proceed to the refund of any amount already paid in relation to all or part of the order cancelled.  In any case, we will contact you as soon as possible in order to propose you different possible options.

 

3.3 Delivery

3.3.1 Information

For any question regarding the hereunder information, you can contact our Sales Department :

- our identity (name, phone number, headquarters), the shipping cost, the payment, delivery or execution methods ;

- the conditions and method to exercise your right of withdrawal ;

- the address you can use to send Your possible claims ;

- Your guarantees following the delivery ;

- the scheduled dispatch date of Your order and delivery date

- Shipping cost : In France and in Europe : 20 €. Shipping is always free over 100 € of purchase for a delivery in France and over 200 € for a delivery in another European country.

3.3.2 Place of delivery

The products are delivered to the delivery address You indicated when placing the order.

3.3.3 Delivery time

Unless longer delivery, treatment, dispatch and/or transit times are required (what We will advise You on reception of Your order), the ordered products are delivered within 3 to 10 days following Your order registration. The products will be considered as delivered on the date of their first presentation at the indicated delivery address.

3.3.4 Comments on the delivery or delivered products

Upon delivery, You must absolutely check the parcels and the products. If you have any claim or comment that could justify the return of the products, You must proceed as indicated in hereunder article 4.

3.3.5 Property – Risks

Transfer of ownership ans risks on the products happens on delivery of the products.

3.4 Products manufacturing

3.4.1 Diam and co does its best to make sure that our online catalogue is as accurate and correct as possible. To help you see the details of certain products, they can appear bigger or smaller than in reality. As each computer is configured differently, colors may vary.

3.4.2 Our goal is to provide you as much specifications and details as needed so that you can get the impression to know your product even before receiving it. However, the indicated weight of the gemstone can vary of 5% according to the real weight of the same. The indicated weights of gold can also vary according to the featured weights on the website, the weights indicated in the product specification are not binding on us but correspond to approximate weights in the case of  size 54, variations are possible up to 15%. As our products are handmade, measures indicated on our pages may slightly differ from those of the real product you will receive.

Article 4 : Returns and size adjustment

4.1 Right to withdraw

In application to provisions of  article L. 121-20 of the Consumer code, You have 14 (fourteen) calendar days from reception of the products to withdraw, without justifications or penalties (except return fees at Your expenses).

We will refund your purchase amount within thirty (30) days maximum following the withdrawal date.

4.2 Satisfied or refunded

To return a product, You must absolutely inform Diam and co’s Customer Service, in writing or by phone (see above article 1.1), about Your decision before sending Us back the products, indicating, if you wish to, the reason of the return and follow exactly the return process we will indicate you.

If you send us back the products for refund, the return fees, as well as the insurance cost indicated by Diam and co per email, will be at your expenses. In case You do not respect this insurance amount and the product is lost during its transit, the refund would be cancelled and you would borne the whole cost of the jewel.

Upon receipt of your jewel, We check its perfect condition and then acknowledge receipt. Then , We will refund You the amount corresponding to the products value within thirty (30) days following the date when Your return is accepted by Diam and co, as mentionned in hereunder article 4.3.

4.3 Returns acceptance conditions

The returns refered to in above articles 4.1 and 4.2 will be accepted by Diam and co and will lead to the refund or exchange only if :

(I) The products are sent back in their original packing, complete (original certificate if any, accessories, packing including gift package, jewel box, manuals,…), in perfect condition and without ever being worn. Thus, return of incomplete, damaged or dirty items will not be accepted ; let us mention that return of certain specific products cannot be accepted. In that case, it is explicitely mentionned when ordering.

(II) Our experts confirm that the frame and the gemstone, or any other element constituing the product, are complying with the product which was sent to You, without damage, modification or any kind of intervention.

(III) Return is not possible in the case that this is the second consecutive return. Under article L. 121-20 of Consumer code, the right of withdrawal cannot apply in case of a second consecutive return. 

(IV) The products which were engraved or personnalized upon Your request cannot be refunded or exchanged.

(V) Moreover, due to the difficulty of sending precious items worldwide, products sold outside European Union (except Switzerland) will not be reimbursed or exchanged. 

4.4 Refund and exchange terms

Any refund will be done, as per Diam and co’s choice, by crediting your credit card, by wire transfer on your bank account or by sending a checque to the name of the customer who placed the order at the invoicing address.

In case of exchange, if the new order is more expensive than the one which is exchanged, the User will have to add to his exchange request the balance of payment by cheque or by wire transfer. On the contrary, if the amount of the exchange is cheeper than the previously ordered amount, the User will receive the refund of the overpayment as per the above-mentionned conditions.   

4.5. Size adjustment

Beyond Your right of withdrawal, We offer you the possibility to return the ordered items, within 2 weeks, so that we can adjust the size of your jewel, within the limit of +/- 2 sizes.   

To do so, you must absolutely inform Diam an co’s Customer Service in writing or by phone, (see above article 1.1), about Your decision before sending Us back the products, indicating the requested new size and follow exactly the return procedure we will indicate you. Your size adjustment request comes in effect from the moment that Diam and co acknowledges receipt in writing of your return request, 

If You return the products for size adjustment, the return fees stay at you expenses and the new shipping costs will be borne by Diam and co. The lead time for size adjustement is two weeks maximum.

Size adjutsment is not possible for an order containing a delivery address outside European Union (except Switzerland).

 

Article 5 : Guarantees

5.1 Products warranty

5.1.1 Legal guarantees

Diam and co follows the legislation in force in case of a lack of conformity to the Contract and redhibitory defects in the conditions of articles 1641 to 1649 of Civil Code :

« Article L. 211-4 of Consumer Code : The seller must deliver a good conform to the contract and remains responsible for conformity defects existing on delivery. He is also responsible for conformity defects due to packing, to mounting instructions or installation when he is in charge of it as per the contract or when it has been done under its responsibility.

Article L. 211-5 of Consumer Code : To be in accordance with the contract, the good has to :

1° Be suitable for normal use of such a good and, where appropriate :

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

- to include the qualities a buyer can rightly expect, taking into account the public declarations made by the seller, the producer or his representative, especially in advertising or labelling ;

2° Or include the specifications defined by mutual agreement by the parties or be adapted to any specific use sought by the buyer, brought to the attention of the seller and accepted by him.

Article L. 211-12 of Consumer Code : The action due to conformity defect is prescribed 2 years following the goods delivery.

Article 1641 of Consumer Code : The seller is responsible for the guarantee for what deals with the hidden defects of the sold good which makes it become unsuitable for the use for which it is destined, or which reduces so much this use that the buyer would not have bought it, or for a lower price, if he had known them.

Article 1648 first section of the Civil Code : « The action due to redhibitory defects has to be brought by the buyer, within two years following the defect discovery. »

5.1.2 Guarantee in case of breaking

In case of breaking, scratch, incident that would not be due to hidden manufacturing defects, we commit ourselves to repair the Diam and co jewel, against payment. The repair is done following the jewel owner’s approval of the offer. It is absolutely not an insurance or a warranty against incorrect use.  

 

5.2 Guarantee concerning the Website

Without prejudice to the above-mentionned guarantees of article 5.1, Diam and co does not consent to any guarantee on the Website and/or the Content (as described in hereunder article 7). In particular, Diam and co does not consent to any guarantee dealing with the conformity of one of the Website’s elements for any specific use. Diam and co does not guarantee that the functions contained on the Website as well as Content or other element included will be at anytime available, uninterrupted or correct, that the possible defects or mistakes will be corrected immediately or that the Website or its server will be at any time free from virus or other components that can cause a damage.

Article 6 : Responsibility

6.1 The proposed jewels are complying with French legislation in force at the time of the offer. Diam and co’s responsibility could not be engaged in case of non-respect of the legislation in force in the country where the jewels are delivered. You must check with local authorities the terms and conditions of import of the jewels you are planning to buy and respect them, as per your entire responsibility.

Furthermore, if you choose to access this Website from outside France, You do it on your own initiative and at Your own risks. It is your responsibility to respect local legislation when in force.

6.2 The pictures of jewels are presented for illustration only. We invite You to read each jewel description to know its precise specifications. In case of any doubt or if You wish additional information, do not hesitate to contact Us (above-mentionned article 1.1).

6.3 Except in the case of a fraud, or gross negligence and except in the case of responsability in the fact that the products have defects, Diam and co’s complete responsibility, for all the damages that can be repaired as per the Contract terms, that it can cause You in the framework of the Contract, is limited to the repair of the direct and material foreseeable damages You faced due to a failure from Diam and co. This repair cannot exceed in any case the amount of Your last purchase, even if Diam and co has been advised of such damages possibility.

It is specified that, as part of the contract, any loss of profits, turnover, datas, basis or programs, savings and any additional cost as well as any damage in terms of image and any claim from a third-party, are considered as undirect damages which will not give the right to compensation by Diam and co, even if they were foreseeable.

Diam and co will not be responsible for damages provocated by (I) you, your omission or error ; (II) any case of force majeure as defined French juridictions case law ; (III) any third-party unrelated to Diam and co for the Contract execution (for example, when the problems come from performances, congestion or connection of the telecommunication means and services, or from the performance of your IT equipment) ; or (IV) any other event that neither Diam and co, nor his providers could have foreseen or anticipated even if they had taken all reasonable precautions.

In particular, You will be considered as responsible for : any damage or loss that You could face due to inadequacy or incompatibility of Your IT equipment (hardware and/or software) to all or part of the Website and/or the absence of all the reasonable and necessary protections against all programs, devices or communications that can be damaged, because it is Your own duty to  (I) check or get checked Your IT and/or telecommunication equipment to make sure it is adapted and compatible with the Website, before any use and (II) install and use all the reasonnable and necessary protections against any program, device or communication that can be damaged, including by using anti-virus softwares.

6.4 The Website can contain links towards other websites. These other websites are out of Diam and co’s control and You admit that Diam and co is neither responsible for the accuracy, the respect of intellectual property rights, legality, decency, nor any other aspect of these websites content. The addition of such a link does not involve any agreement from Diam and co, or any association with its operators. Diam and co cannot ensure that you will be satisfied by any product or service purchase on a third-party website which benefits from an hyperlink coming from or destinated to the Website, because these e-commerce channels belong to independant sellers who operate them. Diam and co does not promote any merchandise and did not implement anything to check the accuracy or reliability of any information included on these third-party websites. We strongly encourage you to make any research You consider necessary or appropriate before processing any electronic transaction with one of these third-parties.

6.5 Without prejudice to the conditions of articles L. 211-12 from Consumer code and 1648 from Civil Code (remined in above article 5.1.2) and other mandatory legal provisions stating the contrary, You accept the fact that any claim or action coming from or related to the use of all or part of the Website or under the Contract, will have to be formulated and judicially implemented within one (1) year following these two dates, under pain of prescription : date of the claim formulation for the first time or date of first appearance of the claim cause.

Article 7 – Intellectual property

7.1 The Website and all its visual or audio content (including products), documents and other datas (the « Content »), are protected by French and international applicable laws, goods or services trademarks — registered or not as such — and commercial names or other distinctive signs, copyrights, related rights, sui generis rights, design rights, patents, trade or manufacturing secrets or other equivalent rights that belong to or can be used by Diam and co.

Article 8 : Comments, criticism, communication and other contents

8.1 Users can send Us criticisms, comments or any other content, submit suggestions, ideas, questions or any other information as long as it is neither illegal, obscene, excessive, threatening, defamatory, against intellectual property, nor detrimental to third-parties and does not consist in or contains IT virus, political activism, commercial emails, mass mailing, or any other kind of «  spam ». You must not use a false email address, the identity of another person or entity, or lie about the content origin. We reserve the right, at our own discretion, to remove or modify any content.

8.2 If You send us content, and unless otherwise stated by You, You grant Us, as well as the companies We are related to, during the applicable legal protection period, the non-exclusive and free right to reproduce, modify, adapt distribute, sub-license and display this content worldwide, on the Website and on any media.

8.3 You declare and guarantee that you are the owner or the holder of the necessary rights on the Content you send Us. You agree to indemnify Us in case of action or claim from a third-party against Us provided that the content you sent Us is the cause and basis of such action.

Article 9 : Applicable right – Competent court

9.1 The Contract is governed by French laws (except rules applicables in terms of law conflicts).

9.2 In case of dispute, only French courts will be competent.