1. Seller’s designation

This website https://www.Gemhome.fr/ is published by : GEM HOLD LTD , Brand: GEM operated by GEM HOLD LTD

Website address: https://www.Gemhome.fr/

  1. General provisions relating to these general terms and conditions of sale (hereinafter referred to as the “GTCS”)

2.1 Purpose of the GCS :

The GCS apply exclusively to the online sale of GEM products on the https://www.Gemhome.fr/ website, which is freely accessible to all Internet users.

2.2 Scope of the General Terms and Conditions :

The General Terms and Conditions of Sale govern exclusively the contracts for the online sale of GEM products (hereinafter referred to as “GEM”) to purchasers having the status of Customers (hereinafter referred to as “Customers”) and, together with the order form, constitute the contractual documents binding on the parties, to the exclusion of all other documents, prospectuses, catalogs or photographs of the products, which are for information purposes only. The GCS apply exclusively to products delivered to customers established in the territory defined in article 5. The GTC are written in French, as is all contractual information mentioned on the site.

2.3 Availability and enforceability of the GCS :

The General Terms and Conditions of Sale are available to Customers on the GEM website, where they can be consulted directly, and can also be sent to Customers on request by e-mail or post. The General Terms and Conditions of Sale are binding on the Customer, who acknowledges having read and accepted them before placing an order by checking a box provided for this purpose. Validation of the order by its confirmation implies acceptance by the Customer of the GCS in force on the day of the order, the conservation and reproduction of which are ensured by GEM in accordance with article 1369-4 of the French Civil Code.

2.4 Modification of the General Terms and Conditions :

GEM reserves the right to modify the GTC at any time. In the event of modification of the GTCS, the applicable GTCS are those in force at the date of the order, a copy of which, dated to that date, can be given to the Customer on request.

In the event of modification of the present conditions, GEM will inform its customers of the content of the modified conditions.

2.5 Terms and conditions :

The nullity of a contractual clause does not entail the nullity of the GCS unless it is an impulsive and determining clause that led one of the parties to conclude the sales contract. The temporary or permanent non-application of one or more clauses of the GCS by GEM shall not constitute a waiver of the other clauses of the GCS, which shall remain in full force and effect.

  1. The products

3.1 Features :

The products offered for sale in the catalog published on the website https://www.Gemhome.fr/ are each described in terms of their essential characteristics within the meaning of Article L. 111-1 of the French Consumer Code. The photographs illustrating the products do not constitute a contractual document.

3.2 Conformity :

The products comply with current regulations on personal health and safety, fair trading and customer protection at the time they are placed on the market.  The products comply with the requirements of French law in force at the time they are placed on the market. For orders outside mainland France, it is the Customer’s responsibility to check with the local authorities in his or her country for any restrictions on the import and use of the products ordered. GEM cannot be held responsible for the purchase of a product considered to be non-compliant in a given country, even though the product complies with French regulations.

3.3 Warning :

The products presented by GEM are not medicines, they cannot be considered as such, and in no way replace the Customer’s usual treatment. Likewise, the information contained on the site and in any written material issued by GEM does not constitute medical advice and it is the Customer’s responsibility to consult his or her medical practitioner in order to obtain professional advice.

GEM cannot be held responsible for any inconvenience resulting from use that does not comply with the advice given on the product and its packaging.

 

  1. The price

4.1 Selling price :

In accordance with article L. 113-13 of the French Consumer Code, sales prices are indicated for each product in the electronic catalog in euros, including all taxes, but excluding delivery and transport costs, which are mentioned before the order is validated and invoiced in addition. The total amount due by the Customer is indicated on the order confirmation page. The selling price of the product is that in force on the day of the order. In the event of a price promotion, GEM undertakes to apply the promotional price to all orders placed during the promotion period.

4.2 Modification :

GEM reserves the right to modify its prices at any time, while guaranteeing the Customer the application of the price in force on the day of the order.

  1. Offer

5.1 Domain :

The online sales offers presented on the  https://www.Gemhome.fr/ website are valid in France and abroad.

5.2 Duration :

The online sales offers presented on the site are valid for as long as the products appear in the electronic catalog and within the limit of available stocks, unless otherwise indicated.

5.3 Acceptance :

Acceptance of the offer by the Customer is validated by confirmation of the order, in accordance with the click procedure.

  1. Control

6.1 Pre-contractual information :

Prior to placing an order and entering into a contract, the customer is provided, in a legible and comprehensible manner, with these General Terms and Conditions of Sale and all the information listed in article L. 121-17 of the French Consumer Code.

6.2 Contract conclusion stages :

Internet customers can freely add or remove products from their “basket”. At any time, customers can access a detailed summary of the contents of their “basket”. If the summary matches the desired products, the customer is free to validate the order in the tab provided. Any order can only be validly registered if the Customer has previously identified himself or if he has duly completed the electronic contact form. Customers can check the details of their order and its total price, and return to previous pages to correct any errors or modify their order. Validation of the order implies acceptance of the GCS and forms the contract. Once the basket has been validated, the customer must accept the GCS, which he/she is deemed to have read beforehand, choose the address and delivery method and finally validate the payment method.

In accordance with the provisions of the law of March 13, 2000 n° 2000-230, the final validation of the order is proof of the completeness of the latter and renders payable the sum committed by the seizure of the articles mentioned on the order form. The validation “click” constitutes an electronic signature within the meaning of article 1316-4 et seq. of the French Civil Code, which has the same probative force as a handwritten signature. Confirmation of the contract is provided to the Customer at the latest at the time of delivery, notably by e-mail acknowledging receipt of the order and its method of payment.

 6.3 Acceptance of order :

GEM reserves the right to refuse any order for legitimate reasons and, more particularly, if the quantities of products ordered are abnormally high for buyers with the status of Customers.

In certain cases, notably non-payment, incorrect address or any other difficulty whatsoever, GEM reserves the right to block the customer’s order until the problem has been resolved, or to cancel the order.

6.4 Unavailability of products ordered :

If the products ordered are unavailable for delivery, GEM will immediately inform the Customer and offer an extension of the initial delivery time or a product of equivalent quality and price. If the Customer refuses, GEM will immediately cancel the order and reimburse the sums paid by the Customer without delay.

6.5 Modification or cancellation of the order :

Any modification or cancellation of an order requested by the customer can only be taken into account if our company has received an e-mail from the same e-mail address used for the order, which must be received before the ordered products are dispatched.

In accordance with the provisions of the French Civil Code, the contract is concluded with the second click of the order button, by which you confirm your shopping basket after having had the opportunity to correct it.

  1. The contract

7.1 Conclusion :

The sales contract is formed when the Customer sends confirmation of his order.

7.2 Archiving and proof :

Communications, order forms and invoices are archived on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with article 1348 of the French Civil Code. These communications, order forms and invoices may be produced as proof of the contract.

 

  1. Payment

8.1 Terms of payment :

The price is payable in full once the order has been confirmed.

8.2 Means of payment :

Payment is made, at the Customer’s option (I) immediately upon ordering, by credit card.

8.3 Payment security :

The site is equipped with a secure online payment system enabling the customer to encrypt data transmission.

Monthly subscription for laundry services :

9. Subscription :

By accepting these general terms and conditions of sale, the Customer has the option of taking out a monthly subscription for the laundry services provided by our site. The details of this monthly subscription are as follows:

1. Monthly subscription service for laundry services :
By accepting these general terms and conditions of sale, the Customer has the option of taking out a monthly subscription for the laundry services provided by our site. The details of this monthly subscription are as follows:
2. Billing and payment :
a. The Customer agrees to be billed monthly for the laundry service subscription, according to the rates in effect at the time of subscription.
b. Payments will be withdrawn automatically each month using the payment method registered by the Customer.
3. Subscription duration :
a. The monthly subscription is automatically renewed each month, unless terminated by the Customer.
b. Subscriptions are for a minimum of 3 months from the date of subscription.
c. Customers may cancel their subscription at any time by sending an email to hello@gemhome.fr by providing your contact information (last name, first name and address provided when you registered).
4. Modification and Termination :
a. Our site reserves the right to modify the rates and terms of the monthly subscription with reasonable notice to the Customer.
b. Customers may cancel their subscription at any time, and no refunds will be made for payments already processed.
5. Customer’s responsibilities :
a. It is the Customer’s responsibility to ensure that their contact and payment details are up to date to avoid any disruption to services.
b. The Customer must inform our site of any change or problem concerning his monthly subscription.
By accepting these conditions, the Customer acknowledges having read, understood and accepted the terms of the monthly subscription for laundry services provided by our site.
These terms and conditions for monthly subscriptions come into force on March 7, 2024.

  1. Delivery

9.1 Delivery times and costs :

For all orders finalized before 3 p.m. French time, and subject to receipt of payment from the Customer, GEM undertakes to dispatch the products ordered on the same day. Products ordered after 3 p.m. French time will be dispatched on the next working day. If the description of a product indicates a specific delivery time, this will be binding on GEM. By default and in any event, subject to receipt of payment from the Customer, GEM undertakes to deliver the products ordered within thirty (30) days of validation of the order.

9.2 Customs charges

We would like to draw your attention to the fact that in addition to the price of the cures and the delivery costs of your order, your country of residence may require you to pay customs and import fees. For further information, please contact your local customs office and inquire about applicable duties and taxes before placing your order. These taxes and customs duties are not our responsibility and we are not liable for them. If you refuse to pay these taxes or are unable to collect your order and it is then returned to us, we will ask you to pay all costs incurred.

9.3 Late delivery :

A delay in delivery exceeding seven days and not due to a case of force majeure may result in the cancellation of the sale by the Customer who, within sixty working days of the delivery date indicated, renounces his order by registered letter with acknowledgement of receipt, returns the products if they have been delivered and receives from GEM, at the latest within thirty days, the return of his payment, to the exclusion of any compensation.

Exceeding delivery times may not give rise to damages or deductions, nor to cancellation by the purchaser of current orders. In any case, delivery on time can only be made if the buyer is up to date with his obligations towards GEM, whatever the cause.

9.4 Delivery terms :

Products are delivered by post or by independent carrier, depending on the nature of the product and the destination, at GEM’s sole initiative, to the address indicated by the Customer on the order form. Any claim of delivery error must be made by the Customer to GEM on the day of delivery or on the first working day following delivery at the latest. In the event of an error in the delivery address attributable to the Customer, the costs of return and reshipment will be recharged by GEM. A delivery note must be signed by the customer, who must check the conformity and state of packaging of the product on receipt.

Deliveries are made according to availability and order. GEM is authorized to make full or partial deliveries. Delivery times are quoted as accurately as possible, but are subject to availability of supplies or production, or to the carrier’s availability.

In the event of deterioration or partial loss of the product, the Customer must express reservations on the delivery note, a copy of which is sent to GEM, and, within three days of receipt, notify these reservations to the carrier by registered letter with acknowledgement of receipt, in accordance with article L. 133-3 of the French Commercial Code.

9.5 Product conformity :

If the product does not conform to the order, the Customer must send a complaint to GEM within a reasonable time of receipt, with a view to obtaining a replacement product or possibly the cancellation of the sale.

9.6 Unavailability of products :

In the event of unavailability of products for delivery, GEM may offer, under the conditions set out in article 6-4 of the GTCS, an extension of the initial delivery period or a product equivalent in terms of quality and price.

9.7 Failure to deliver :

In the event of total failure to deliver, the sales contract shall be automatically rescinded.

  1. Right of withdrawal

10.1 Notification to GEM of the decision to withdraw :

In accordance with the provisions of article L 221-18 of the French Consumer Code, the customer has a period of fourteen (14) clear days to exercise the right of withdrawal, starting from the day after receipt of the products. Consequently, the customer may decide to return any product for exchange or refund. If this period expires on a Saturday, Sunday, public holiday or day off, it is extended to the next working day. No reason must be given by the customer. No penalty shall be charged to the withdrawing customer. To exercise his right of withdrawal, the customer may send a request for withdrawal by e-mail to the following address: hello@Gemhome.fr

10.2 Limitation of the right of withdrawal :

The right of withdrawal does not apply to damaged products or products that have been opened, consumed in whole or in part, annotated, labelled or not in perfect condition for resale for reasons of hygiene or health protection.  The right of withdrawal is only valid for deliveries within France and Europe.

10.3 Procedure for exercising the right of withdrawal (return of products) :

In the event of exercising the right of withdrawal, the customer must return the products with a copy of the order or invoice, at his own expense, within fourteen (14) days of communicating his withdrawal, to the address given in the preamble. Products must be intact, complete and in their original packaging. In accordance with the transfer of ownership, the risks associated with the return of the product, whatever the cause, are the responsibility of the customer. If the package is lost or damaged by the carrier during shipment, the customer is solely responsible and will not be reimbursed by GEM.

10.4 Refund of products subject to withdrawal :

The exercise of the right of withdrawal entails reimbursement of the sums paid by the customer at the time of placing the order, including delivery costs, at the latest within 28 days of the date on which this right was exercised. GEM reserves the right to defer reimbursement until receipt of the products.

 

  1. Warranty

All products supplied by GEM professionnel benefit from the legal guarantee of conformity provided for in articles L. 211-4 to L. 211-14 of the French Consumer Code and the legal guarantee of hidden defects provided for in articles 1641 to 1649 of the French Civil Code. Under these guarantees, GEM undertakes, at the Customer’s option, to refund or exchange defective products or products that do not correspond to the Customer’s order.

  1. Resolutory clause

The cancellation of the order in the cases provided for in the present GTCS will be pronounced by electronic letter and will be acquired ipso jure without legal formalities.

 

  1. Intellectual property

The products remain the property of GEM until full payment of the sale price by the Customer, even in the event of liquidation of assets, judicial settlement or transfer of responsibilities. Failure to pay any of the instalments may result in the goods being reclaimed.

The elements reproduced on this site, which are the exclusive property of the publisher, are protected by copyright, trademark law and patent law. Any reproduction or distribution of these elements, without prior written authorization from the publisher, exposes offenders to legal action.

  1. Confidentiality of personal data

During the customer’s visits to the https://www.Gemhome.fr website, information may be requested, in particular when creating a customer account. The information requested, marked with an asterisk, is mandatory. They are necessary to process the customer’s requests. Other information is optional and the Customer is free not to provide it. This information is treated in the strictest confidence and is stored in a GEM proprietary database. In accordance with the French Data Protection Act no. 78-17 of January 6, 1978, customers have the right to access, modify or delete information concerning them. This right can be exercised by e-mail (hello@Gemhome.fr). Customers may withdraw their consent to the use of their personal data at any time, in accordance with the above procedure. GEM cannot be held responsible for any deterioration, loss or accidental “hacking” of personal data that may occur despite all precautions taken to ensure the confidentiality and security of such data.

The personal data provided by the Customer may be used byGEM for commercial or informative purposes in order to personalize the products offered for sale, improve its promotional offers or innovate its product range and send newsletters. Finally, GEM reserves the right to communicate the customer’s telephone number or e-mail address to the companies responsible for delivering the products ordered.

  1. Applicable law

The language in which these GCS are drafted is French and they are subject to French law, regardless of the nationality of the customer and the place where the order is validated. The site and GEM’s GTCs comply with French law, in particular Law No. 2014-344 of March 17, 2014 on consumer affairs and Ordinance No. 2015-1033 of August 20, 2015 on the out-of-court settlement of consumer disputes, so that GEM is in no way liable for compliance with any foreign legislation.

  1. Competent jurisdiction

Any dispute arising in connection with the interpretation or performance of these terms and conditions shall be subject to the exclusive jurisdiction of the French courts, governed by the French Code of Civil Procedure.

Specifically, in accordance with the provisions of article R 631-3 of the French Consumer Code, in the event of a dispute, the customer may choose to bring the matter either before one of the courts having territorial jurisdiction under the French Code of Civil Procedure, or before the court for the place where the customer resided at the time the contract was concluded or at the time the harmful event occurred.

Any dispute relating to the use of the https://www.Gemhome.fr/ website is governed by British law. Exclusive jurisdiction is given to the competent courts of London, United Kingdom.

  1. Mediation clause

In accordance with the provisions of articles L 611-1 and R 612-1 et seq. of the French Consumer Code concerning the amicable settlement of disputes: When the Customer has sent a written complaint to the professional and has not obtained satisfaction or a response within two months, he may submit his complaint free of charge to the consumer mediator. The complaint must be referred to the mediator within one year of the initial complaint.

  1. Risks

In the event of damage or shortage, it is the customer’s responsibility to make all necessary observations and to confirm his reservations by extrajudicial document or by registered letter with acknowledgement of receipt to the carrier or delivery service as soon as possible after receipt of the goods. Without prejudice to the measures to be taken with regard to the carrier, complaints about apparent defects or non-conformity of the product delivered in relation to the order placed or the dispatch note, must be made in writing within 14 days of receipt of the said products. The complaint must be justified by all documents attesting to the reality of the defects or anomalies observed in order to enable GEM to carry out the necessary checks and to provide the most appropriate responses.

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