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General conditions of sale and use

 

Summary :

 

Article 1: General Provisions

Section 2: Products

Article 3: Price

Article 4: Order

Article 5: Delivery

Article 6: Return

Article 7: Warranties

Article 8: Liability

Article 9: Intellectual Property

Article 10: Comments, reviews, communications and other content

Article 11: Provisions relating to the use of the site

Article 12: Applicable law – Competent jurisdiction

Section 13: Miscellaneous

 

These general conditions of sale and use of the site (hereinafter, the “Conditions”) apply between:

 

Firstly

 

The company Call Me Gems SA, registered in the Trade Register of the Canton of Geneva (Switzerland), whose registered office is located at 26 avenue de Miremont 1206 Geneva

 

acting for its own account and on behalf of the holder of the Lapis Luminis trademark, the Swiss company Call Me Gems SA, registered in the Commercial Register of the Canton of Geneva (in Switzerland) under number CHE-235.555.475, VAT number CHE-235.555.475, whose registered office is at Avenue de Miremont 26, Geneva, Switzerland, and trading under the trade names Call Me Gems SA and/or Lapis Luminis

 

(hereinafter, individually and jointly, “Lapis Luminis”)

And on the other hand

 

Any adult natural person consulting the website www.lapisluminis.com (hereinafter, the “Site”) and/or making a purchase from Lapis Luminis, and acting exclusively within the strict framework of their personal needs (hereinafter, the customer").

 

Please print a copy of the Agreement for your records.

 

Article 1 General Provisions

       1.1  Useful contact details

 

       Lapis Luminis Customer Service is available to the Customer at the following coordinates:

 

       – email to Customer Service: contact@lapisluminis.com

 

       – postal addresses and telephone numbers:

 

     SWISS

     Lapis Luminis / Call Me Gems SA

     Customer service

     Avenue de Miremont, 26

     1206 Geneva

     +41 78 793 57 45

     contact@lapisluminis.com

 

       Director of publication: Lancelot Wack

 

1.2 Scope of the Contract

 

       The consultation and use of the Site and/or any purchase made by the Customer from Lapis Luminis are expressly and exclusively governed by (I) the Conditions, (II) the Data Protection Policy, and (III) all other provisions. posted or otherwise referenced on the Site (together, the “Agreement”). It is specified that in case of contradiction and unless expressly stated otherwise, the Conditions prevail over all other provisions mentioned in section (III) above.

1.3 Irrevocable agreement of the Contract

 

       The Contract affects the rights and obligations of the Customer. For this reason, Lapis Luminis asks the Customer to read the Agreement carefully before using the Site and/or placing an order. The Customer declares to have read the Contract prior to placing his order and explicitly declares to accept them. The mere use of the Site and/or the placing of any order constitutes knowledge and irrevocable agreement of the Contract on the part of the Customer. If the Customer does not agree with any of these provisions, he is not authorized to use all or part of the Site and/or to place any order.

1.4 Amendments to the Contract

 

       The Contract may be updated, revised or modified at any time, in whole or in part. When the Customer places an order with Lapis Luminis, the applicable Contract is that in force on the Site on the date of registration of his order.

1.5 Waivers

 

       The Contract can only be deviated from if this has been explicitly agreed in writing with Lapis Luminis. The provisions which have not been derogated from remain applicable without restriction.

 

Section 2  Products

2.1 Certificates

 

       All products delivered by Lapis Luminis and set with a central diamond of a weight greater than or equal to 0.50 carats are supplied with a diamond certificate issued by the independent gemological laboratory, the GIA (Gemmological Institute of America), which describes its specific characteristics and includes a unique reference number. The laboratory that issued the certificate bears full responsibility for the data it contains. The Customer expressly accepts the description of these characteristics described in the certificates issued. Lapis Luminis cannot be held liable in the event of a subsequent dispute concerning them.

2.2 Manufacture of products

2.2.1 Presentation of the catalog and conformity of the products delivered

 

       Lapis Luminis does its utmost to ensure that its online catalog is as accurate and correct as possible. In order to allow the Customer to see the details of certain products, these may appear larger or smaller in the published photos than they actually are. Lapis Luminis is only linked to the numerical indications of dimensions as displayed on the presentation sheet of the product, within the limits of the tolerances imposed by the artisanal manufacturing techniques of the product. Since each computer is configured differently, the color of the products may also vary. The Customer must realize that each screen is calibrated differently so that the image and the color may differ slightly from reality.

2.2.2  Custom products

 

       For any product ordered to measure, it is agreed that even in the presence of clear and precise instructions from the Customer concerning its design and its model, Lapis Luminis reserves the right to proceed with the creation based on its own know-how in order to meet quality standards such as robustness, stability, technical feasibility, safety and durability of the product, as well as on the expertise and personal inspiration of its goldsmiths. In the event of incompatibility of the Client's instructions with the aforementioned quality standards, Lapis Luminis will attempt to comply with the Client's instructions as closely as possible without compromising these quality standards, and, where applicable, the Client authorizes Lapis Luminis to take the necessary measures and to deviate from its instructions in order to ensure compliance with these quality standards, and the article thus produced and delivered will be deemed to comply with its order within the meaning of article 7.1.2 below.

 

       At the end of the manufacturing process, small modifications of the custom-made product can still be considered at the Customer's request, as far as possible and at the sole discretion of Lapis Luminis. Insofar as such modifications would entail additional costs, they will always be borne by the Customer and subject to his prior acceptance.

2.3 Products without gemstones

 

       Lapis Luminis is a diamond jewelry brand, and sells jewelry items set with diamonds. However, Lapis Luminis reserves the right to offer its Customers the option of purchasing diamond-free products.

2.4 Choice of products

 

       Having become acquainted with the Lapis Luminis products and their characteristics, the Customer has, under his sole responsibility and according to his needs as he has previously determined them before any order, made his choice on the product(s) subject to his order. In addition, the Customer alone knowing the products he owns and uses, he is the sole judge of the compatibility of the products ordered with those used by him.

 

       It is exclusively up to the Customer, if he does not consider himself sufficiently competent, to be assisted by counsel.

2.5 Kimberley Process

 

       Lapis Luminis obtains diamonds exclusively from recognized and established suppliers, holders of all the licenses and certifications required by law, and who undertake and certify that all their imports and exports of rough diamonds are carried out under the " Kimberley Process”, working under the supervision of the United Nations. The responsible sourcing and conflict-free origin of all diamonds offered by Lapis Luminis are thus fully traceable and certified under the Kimberley Process.

Dispositions Générales
Produits
Prix

Clause 3 Price

3.1 The prices of Lapis Luminis products are indicated, depending on the Customer's country of residence, in Swiss francs, euros or US dollars.

3.2 VAT is calculated and invoiced according to the country of delivery indicated for the Customer's order:

      For all deliveries in Switzerland, VAT is invoiced when the order is placed. The amount inclusive of all taxes is then indicated before final validation of the order, the latter being invoiced inclusive of all taxes.

      For all other countries of delivery, VAT is charged at the time of importation. In this case, the order is invoiced excluding tax.

3.3 Delivery costs are free for all orders over CHF 3,000.-

3.4 In the event of delivery outside Switzerland, the Customer is the importer of the product(s) ordered. Customs duties, import duties, state taxes, fees, administrative fees, other local taxes or other fees may be payable. These rights and sums are not the responsibility of Lapis Luminis and do not fall under its responsibility. They will be entirely at the Customer's expense and under his responsibility, both in terms of declarations and payments to the competent authorities and/or bodies. Lapis Luminis advises the Customer to inquire with the competent authorities of his country.

3.5 Lapis Luminis reserves the right to modify its prices at any time and without notice, subject to article 1.4 above. The products already ordered will remain invoiced on the basis of the rates in force at the time of registration of the respective order.

3.6 Products placed in the Customer's shopping cart will always reflect the most recent price displayed on the respective product description page. It is possible that this price varies from the price that was displayed for the same product when the Customer placed the product in his basket in the first place, in particular when one or more days have passed since then. Placing a product in the shopping cart does not ensure that its price will remain the same as that which was at the time the product was placed in the shopping cart. However, it is also possible that the price of the selected product is lower at checkout than when it was selected.

3.7 The information and in particular the prices which are displayed on the Site may be erroneous due to system errors or typographical errors. If Lapis Luminis makes every effort to avoid these kinds of errors, they can however exist. Lapis Luminis does not honor orders based on incorrect information or prices. If the price displayed is lower than the actual price of the product, Lapis Luminis will contact the Customer by email to either cancel the order or give him instructions relating to the payment of the price difference. Lapis Luminis apologizes for the inconvenience, do not hesitate to contact us for any questions relating to this subject.

3.8 The prices of the products offered by Lapis Luminis are not negotiable. Indeed, Lapis Luminis strives to charge the fairest prices possible. The final price of his creations reflects the costs inherent in craftsmanship placed under the sign of excellence and the prices of raw materials such as metal and stone.

3.9 Promotional operations

 

      The promotional offers of Lapis Luminis are valid within the limit of available products and valid only from 3'000.- of purchase. Promotional models are within the limits of available stocks, and the free size reduction within 30 days following receipt of the product by the customer.

3.10 Tax-free purchases and exports outside Switzerland

      Lapis Luminis offers its Customers a free tax-free purchase service for all products delivered to the Customer by hand at one of the Lapis Luminis premises in Switzerland. In this case, the Customer pre-finances the Swiss VAT (7.7%) which will be refunded to him after he has exported the product to a country other than Switzerland.

 

      Lapis Luminis undertakes to communicate to the Customer in a very clear manner the elements to be presented when passing through customs at the export airport: the product(s) purchased, the invoice and the case if applicable, the export slip, the passport (proving that the Customer is not a Swiss resident) and the boarding pass (proving that the Customer is preparing to leave Switzerland).

 

      Export from Switzerland must be carried out within 30 days of the invoice date indicated on the invoice.

 

      The invoice or the export note must be stamped by the customs of the country of export so that the Customer can claim a refund of VAT from Lapis Luminis. This stamped document must be received back by Lapis Luminis by post no later than 2 months after the date on which it was stamped.

 

      Lapis Luminis will refund the VAT in the form of bank transfer exclusively upon receipt of the document stamped in a compliant manner by the customs of the country of export. Any bank charges incurred by this transfer are entirely borne by the Customer and will be deducted from the amount reimbursed.

 

      Lapis Luminis will never be responsible for the slightest error on the part of the Customer (for example incorrect bank details communicated) which would lead to bank charges. These bank charges will eventually be invoiced to the Customer. Similarly, Lapis Luminis will never bear any bank charges imposed by the Customer's bank, these bank charges will eventually be re-invoiced to the Customer.

 

      Lapis Luminis will never be responsible for any type of exceptional event which would prevent the Customer from exercising his right to tax refund (for example refusal of customs to stamp the invoice or the export slip, closing of the customs office or impossibility for the Client to obtain the stamp, or the non-receipt and loss of the duly stamped document sent by the Client by post).

Article 4 Order

4.1 Conditions for placing an order

 

    The Client declares:

 

      – be at least 18 years old and have the necessary legal capacity to place and honor any order or hold parental authorization allowing him to place and honor any order and be able to justify this at any time , on simple request of Lapis Luminis;

 

      – be a natural person acting within the framework of his personal needs (in particular in the sense that any order he places must correspond to the normal needs of an individual).

4.2 Methods of placing an order

 

      The Customer may choose to place his order directly on the Site, by telephone with Lapis Luminis Customer Service, or by signing a quote or an order form (hereinafter, “Quote”), obtained by email or during a visit to our premises, this signed Quotation being returned to Lapis Luminis by email, fax, by post or delivered by hand.

 

      The execution of an order by one of the aforementioned means constitutes an irrevocable, firm and unconditional commitment by the Customer to place an order with the obligation to pay the full amount. Exclusively in the case of a Quotation and on the explicit condition that this Quotation expressly stipulates it, it may be agreed that the payment be split into an optional deposit (“Deposit”), followed by a balance before delivery.

 

      In all cases, in order to validate the order, the full amount of the order, or, where applicable, the Deposit, must be paid to Lapis Luminis who must be able to confirm receipt. The date of registration of the order corresponds to the date of full payment of this amount.

 

      At a minimum, the following information must be attached to the order:

 

      – The name and surname of the Client;

 

      – His contact details (telephone and email);

 

      – His precise billing address

 

      (for security reasons, Lapis Luminis requests that the billing address be that registered by the establishment issuing the Customer's bank card, in order to protect it from possible fraudulent use);

 

      – Its precise delivery address (PO boxes, hotels and relay points are not accepted);

 

      – Its method of payment.

4.3 Specific provisions applicable to any order on the Site

 

      Lapis Luminis only acknowledges receipt of the order if the following steps are followed:

      The products planned to be purchased are placed in the “basket”. By clicking on the corresponding button in the navigation menu, the Customer can access the “basket” and make changes to it at any time. Once the order form has been called up, the Customer must enter their personal data (surname, first name, address, email address) as well as the terms of payment and delivery. Before sending his order, the Customer has the possibility to check his data again, to modify them, or to cancel the purchase. In accordance with the legal provisions on the conclusion of online contracts, the Contract will be concluded when the Customer clicks on the button allowing him to confirm his order after having viewed the details of it and in particular its total price and having had the possibility of correct any errors, and after ticking the box confirming that he has read the Contract and that he accepts it without reservation.

 

      Lapis Luminis and the Customer explicitly declare that the Contract has been validly concluded by means of electronic communication. The parties declare that the absence of a physical signature in no way removes the binding force of the Contract. The electronic databases of Lapis Luminis will be valid as evidence.

4.4 Payment

4.4.1 All orders are payable in Swiss francs, euros or US dollars.

4.4.2 The Customer can pay for his orders:

 

      (I) by credit card (Visa, MasterCard, American Express or Carte Bleue): the amount of his order is then debited when his order is validated by him. The date of registration of the order is that of the online payment.

 

      (II) by bank transfer: bank instructions are displayed when ordering. The Customer must make the required transfer so that it appears within 7 (seven) calendar days for the order to be registered. The date of registration of the order is that of receipt of the funds by Lapis Luminis in its bank account. Lapis Luminis will confirm to the Customer the receipt of the transfer. His order will be validated and processed upon receipt of full payment. If a transfer does not generally generate bank charges, some banks may nevertheless charge the Customer according to their current rates. These costs are beyond the control and responsibility of Lapis Luminis, and it is the Customer's responsibility to bear them in full. Any bank charges charged to the beneficiary of the Customer's transfer will be deducted from the amount paid. In all cases, Lapis Luminis must be able to note receipt of the full amount of the order, net of costs, as a condition prior to the registration of this order.

 

      (III) by PayPal: the amount of the order is then debited when the order is validated by the Customer. The date of registration of the order is that of the online payment.

 

      Lapis Luminis reserves the right to exclude certain payment methods on a case-by-case basis.

4.4.3 Invoices presented by Lapis Luminis are to be paid immediately. In the event of non-payment on the due date of any sum due (as it appears on the invoice that Lapis Luminis sends to the Client), Lapis Luminis shall be entitled to apply automatically, without prior formality, default interest at the legal interest rate increased by five percent and at least twice the legal rate then in force, and this, from the day the sum was due until receipt of full payment. The delivery of any new order may be suspended in the event of late payment of a previous order from the same Customer, notwithstanding the provisions hereof.

4.4.4 The conditions of use of the Customer's means of payment are determined respectively by the issuer of his card (payment by card), by his bank (payment by transfer), or by PayPal (payment by PayPal). Lapis Luminis remains foreign to the contractual relations of the Customer with these third parties, which will in no case be opposable to Lapis Luminis. Any delay or refusal of execution of the Customer's payment by these third parties in no way releases the Customer from his obligation to immediately pay the full amount of the invoice corresponding to his order.

4.4.5 Lapis Luminis reserves the right to request a photocopy of the Customer's identity card and/or credit card (front only) for any payment by credit card. For amounts over CHF3,000.- including tax, Lapis Luminis reserves the right to request a certified photocopy of an identity document. In these cases, Lapis Luminis only confirms receipt of the Customer's order (see article 4.5 below) after the latter has provided it with these documents.

4.5 Receipt of the order

 

      Upon registration of the order, which occurs upon receipt of payment of the full amount of the order, and within a maximum period of 2 (two) working days from this registration, Lapis Luminis acknowledges receipt of the order and informs the customer. Lapis Luminis is not bound by the order until the sending of this acknowledgment of receipt.

4.6 Refusal of payment and order cancellation

 

      Lapis Luminis reserves the right to refuse any payment and thus to cancel the order, on just cause, and in particular

 

      – if there is a doubt or a dispute relating to the payment of a previous order or any other previous abuse of the same Customer

 

      – if the delivery address is not referenced, in a hotel, a post office box or a relay point

 

      – if the bank transfer comes from a holder different from the Customer

 

      – if Lapis Luminis fails to reach the Customer to confirm receipt of his order

 

      – if, contrary to the provisions of article 3.3, the Customer has not previously contacted Lapis Luminis for a delivery outside Switzerland, or if his payment excludes the delivery costs for such destination

 

      – in case of any doubt about the validity of the order

4.7 Modifications by Lapis Luminis of the order in the event of unavailability of the ordered product

 

      Lapis Luminis product offers and their prices are valid within the limits of available products. For products not stocked in Lapis Luminis warehouses, the offers presented are valid subject to availability from its suppliers. In addition, product data (eg the catalog of diamonds available and their prices) varies daily. It is specified that Lapis Luminis does not undertake to immediately and automatically update the data published on the Site, and that their publication on the Site does not in any way bind Lapis Luminis. If it should happen that some of the products that the Customer has ordered are no longer available or that their price is no longer correct, Lapis Luminis undertakes to replace them with products of at least equal or superior quality (such as the certificate diamond testifies to this) without modifying the price of the order, or to cancel the order and reimburse the Customer in full, at the option of Lapis Luminis. Lapis Luminis will inform the Customer as soon as it becomes aware of this unavailability, will inform him of the new delivery time, if applicable, and will in any case give him the possibility of canceling his order.

 

      Lapis Luminis also reserves the right to cancel all or part of an order in the event of failure of one of its suppliers as well as in the event of force majeure. Lapis Luminis will notify the Customer as soon as it becomes aware of it and will refund any sum that the Customer has already paid to it in relation to the order or the part of the canceled order. In any case, Lapis Luminis will contact the Client as soon as possible to offer him various possible options.

Commande
Livraison

Article 5 Delivery

5.1 Information

 

      Lapis Luminis informs the Customer in writing of the progress of the manufacture of his purchase and the dispatch of his articles.

 

      If you have any questions regarding the information listed below, please contact Customer Service:

 

      – our identity (name, telephone number, registered office), delivery costs, terms of payment, delivery or performance;

      – the conditions and procedures for exercising the right of withdrawal;

      – the address where the Customer can lodge any complaints;

      – the guarantees available to the Customer after delivery;

      – the expected shipping date of the order and the delivery date

5.2 Place of delivery

 

      Delivery is possible worldwide, except to countries with import restrictions applicable to the Lapis Luminis product category or subject to United Nations or Swiss embargo or sanctions. The products are delivered to the delivery address that the Customer indicated during the ordering process.

5.3 Delivery times

 

      The delivery time specified in the summary sheet of the order generally characterizes the time that elapses between the acknowledgment of receipt of the order and the dispatch of the goods to the delivery address.

 

      Lapis Luminis strives to deliver or have delivered the purchased product as quickly as possible.

 

      Unless longer manufacturing, processing, shipping and/or delivery times are required (which Lapis Luminis will inform the Customer upon receipt of his order), the products ordered are shipped within the delivery time indicated on the order summary sheet, from receipt of the order (see section 4.5 above).

 

      The delivery time therefore represents an estimate given for information only, so that no rights can be derived from it. In particular, any overrun may not give rise to damages, withholding or cancellation of the order by the Customer.

 

      Delivery will be deemed to occur on the date of the first presentation of the products to the delivery address indicated.

5.4 Delay in delivery

 

      Lapis Luminis invites the Customer to regularly consult the follow-up of his order on the Site (“My orders” section) or by calling Customer Service (article 1.1 above).

 

      Lapis Luminis will keep the Customer informed of any shipping delays of which it becomes aware.

 

      If the Customer orders several products at the same time and only some of them are delayed, Lapis Luminis may split the shipments. In this case, Lapis Luminis will notify the Customer of the measures it intends to take before the delivery is launched.

5.5 Observations on the delivery or the products delivered

 

      The Customer must imperatively check, in the presence of the deliverer, the condition of the package and the packaging of the goods upon delivery. In the event that the Customer has any doubt of any kind whatsoever on the condition or content of the package, he is required to notify the carrier of the damage, complaints and reservations, as well as to refuse the goods by immediately issuing a finding of anomaly, and finally to report this incident to Lapis Luminis. Otherwise, the Customer must subsequently and on delivery imperatively also check and inspect the packages and the products contained, to ensure that they are complete, do not present any visible defects or damage related to transport. . If the Customer has any reservation or observation justifying that the products be returned to Lapis Luminis, he must proceed as indicated in article 6 below. The Customer's warranty claim remains unaffected.

5.6 Ownership – Risks

 

      The products ordered remain the property of Lapis Luminis until full payment of the purchase price, at which time the transfer of ownership of these products takes place. The transfer of risks takes place upon delivery of the products to the delivery address indicated when ordering. This also applies when no delivery note has been signed upon receipt of the package.

 

      When the shipped package is not received or is not received on time by the Customer, the package will be reshipped to Lapis Luminis. Lapis Luminis will inform the Customer and invite him to order a new shipment within one (1) month, the reshipping costs being entirely borne by the Customer.

 

      However, in the event that:

 

      (i) the package would be returned to Lapis Luminis by the carrier because the address was incorrect or the Customer did not claim it within the time limit,

 

      (ii) the Customer would not have answered the telephone, voicemail and electronic messages from Lapis Luminis to notify him of the situation (in particular if the e-mail addresses and telephone numbers that the Customer transmitted to Lapis Luminis are erroneous), and that Lapis Luminis was therefore unable to reach the Customer for a period of 2 months from the shipment of the package,

 

      In this case, Lapis Luminis assumes ownership of the products and may dispose of them freely. Lapis Luminis retains the payments that triggered the manufacture of the product in the first place and the Customer agrees to have no recourse to recover any monies paid or unclaimed products.

Article 6 Returns

6.1 Right of withdrawal

 

      There is no withdrawal period or method of withdrawal in Swiss law.

 

6.2 Sizing

 

      Up to thirty (30) calendar days after the initial shipment date, Lapis Luminis gives the Customer the possibility of returning the products ordered on the Site, by telephone, email, fax, or by post, constituting a distance sale according to the legislation in force, and which would not give him complete satisfaction for resizing.

 

      To do this, the Customer must imperatively inform Lapis Luminis Customer Service of his decision, in writing or by telephone (see article 1.1 above) and within the time limit and before returning the products, in particular in order to obtain a return routing code, indicate the reason for his return and follow exactly the return process that Lapis Luminis will indicate to him.

 

      The return request is only effective when Lapis Luminis acknowledges receipt in writing. The return is no longer possible if it is a second consecutive return.

 

      – If the Customer returns the products for resizing, the return costs and the new shipping costs will be borne by Lapis Luminis for any item initially delivered in Switzerland. Customer Service will inform the Customer of the shipping costs and methods for other countries. Upon receipt of the resized or exchanged products, the Customer will no longer be able to benefit from the provisions set out in the aforementioned article 6.2; Resizing a ring will take an average of two weeks (from receipt and acceptance of the ring by the Lapis Luminis workshop).

 

6.3 Conditions for Accepting Returns

 

      Items are returned for resizing or repair

 

      Specifically :

 

      Orders of Lapis Luminis items are final sales, which cannot be refunded or exchanged.

 

      In order to guarantee the quality of Lapis Luminis products, re-sizing of solitaire rings is limited to a maximum of 2 mm around the finger, and to a widening of 1 mm for shouldered rings. If more proves necessary, alternative solutions will be proposed, which may entail a slight additional cost to be borne by the Customer, in which case a quote will first be sent to him for approval before communicating the instructions for the return.

Article 7 Warranties

7.1 Product warranty

7.1.1 Contractual guarantees

7.1.1.1 Guarantee of authenticity

 

      Lapis Luminis guarantees

      that each diamond set on the jewel delivered to the Customer is a natural stone, untreated and responsibly sourced;

      that each certified diamond complies with the accompanying diamond certificate;

      conflict-free origin of all diamonds delivered; and compliance with the Kimberley Process under United Nations supervision.

 

      In the event of non-compliance, Lapis Luminis undertakes to reimburse the Customer upon return of the item of jewelery set with said diamond, or to replace it with a diamond with equivalent or superior characteristics (as evidenced by the diamond certificate).

 

      This guarantee of authenticity exclusively covers non-compliance, on the date of sale, of the diamond with a characteristic noted on the diamond certificate, as determined by gemological tests generally in use at the time of sale, and does not cover no damage suffered after the sale. When the certificate includes a diagram locating the inclusions, the latter is used exclusively for the purposes of identifying the diamond. The presence or absence of a feature on this diagram is excluded from the scope of this warranty.

7.1.1.2 Lifetime repair warranty

 

      Lapis Luminis guarantees the jewelry item for life against manufacturing defects. Lapis Luminis will repair or replace it free of charge, at its option, as long as the Customer owns it.

      Excluded from the warranty are normal wear and tear and normal ageing, as well as theft, unexplained disappearance, loss, and damage caused intentionally or due to accidental circumstances (including shocks and scratches) or any external cause, or improper, abnormal, improper, negligent or abusive use. Only original items that have not undergone any other modifications, repairs or work of any kind other than those carried out by Lapis Luminis are covered by this warranty.

7.1.1.3 Conditions of contractual guarantees

 

      The contractual guarantees will however only be granted to the Customer, and the returns arising from these guarantees will only be accepted by Lapis Luminis and will not give rise to reimbursement, repair or exchange under the aforementioned guarantees, if:

 

      (I) Customer Service has been informed by the Customer of their return, before the return package is shipped;

 

      (II) the return process communicated by Customer Service has been followed; in particular, the return is accompanied by a routing code obtained from Customer Service, thus guaranteeing in particular its insurance coverage;

 

      (III) the products are returned accompanied by the original of the diamond certificate, the original case, and a copy of the original purchase invoice; it is specified that if Lapis Luminis accepts, despite the absence of the certificate, such a return, the replacement of each missing document will be invoiced to the Customer 300 (three hundred) Swiss francs including tax, which will be deducted from the refund and/or will give rise to invoicing;

 

      (IV) the Lapis Luminis specialists confirm that the setting and the stone, or any other component of the product, are in conformity with the product that was delivered to the Customer, and that all the conditions and provisions of the warranty clause invoked are effectively respected.

7.1.2 Legal guarantees

 

      Regardless of the warranties referred to in Article 7.1.1, Lapis Luminis remains liable for defects in the conformity of the product with the Contract and for hidden defects under the conditions provided for by law.

 

      The conformity of the product is assessed according to the following criteria:

      The product must comply with the description given by the seller on the specific presentation sheet of the purchased product;

      The product must be specific to the intended use and declared by the Customer;

      The product must be suitable for the uses for which goods of the same type are usually used;

      The product must offer the services and qualities that the Customer can reasonably expect given the nature of the goods and taking into account the characteristics mentioned on the labeling and the seller's declarations.

 

      The legal guarantee applies if the non-compliance is noted within 2 years from the delivery of the goods. Any non-compliance must be reported to the seller within 2 months of its finding.

 

      The hidden defects regime applies at the end of the 2-year legal warranty. To be able to invoke hidden defects, the Customer must provide proof of the existence of a defect at the time of sale, accompanied by the original invoice, the diamond certificate and the product in its original state and having not undergone any modification. intentional or accidental of any kind.

7.1.3 Costs relating to products excluded from the guarantee

7.1.3.1 Research costs

 

      The costs related to the research of the merits of an invocation of guarantee by the Customer, remain the responsibility of the Customer in the event that this complaint proves to be unfounded, and will be invoiced to him.

7.1.3.2 Repair costs

 

      For products which are excluded from the warranty but which require repair, Lapis Luminis will establish an estimate, which will be sent to the Customer prior to any repair. He may not accept the quote. In this case the product will be sent back to him against prior payment of the shipping costs and research costs.

7.2 Guarantee concerning the Site

 

      Without prejudice to the guarantees which appear in article 7.1 above, Lapis Luminis does not grant any guarantee on the Site and/or the Content (as described in article 9 below). In particular, Lapis Luminis does not grant any guarantee as to the conformity of any of the elements of the Site for any particular use. Lapis Luminis does not warrant that the functions contained on the Site and that any Content or other material therein will at all times be available, uninterrupted or error-free, that any defects or errors will be immediately corrected, or that the Site or its server will be at all times free of viruses or other components that may cause damage.

7.3 Customer warranty

 

      The Customer guarantees Lapis Luminis against any claim by third parties against it and which would find its origin in the execution of the Contract between Lapis Luminis and the Customer (for example indirect damages), insofar as the law does not oppose that these damages and these costs are charged to the Customer.

Retours
Garanties

Article 8 Liability

8.1 The jewels offered comply with the Swiss legislation in force at the time of the offer. Lapis Luminis cannot be held liable in the event of non-compliance with the legislation of the country where the jewelry is delivered. It is up to the Customer to check with the local authorities the possibilities and methods of importing the jewelry he plans to order, and to respect them under his sole responsibility.

8.2 If the Client chooses to access the Site from territories other than Switzerland, he does so on his own initiative and at his own risk. It is up to him to respect the local legislation insofar as this legislation is applicable.

8.3 The photos of the jewels are presented for illustrative purposes only. Lapis Luminis invites the Customer to refer to the description of each jewel to know its precise characteristics. In case of doubt or if the Customer wishes additional information, do not hesitate to contact us.

8.4 All the information published on the Site as well as that given by telephone, by chat or by email concerning the offers and the characteristics of the products is given as precisely as possible. Lapis Luminis cannot be held responsible for inaccuracies, errors, erroneous mentions and omissions of information. In the event that the Customer notices any inaccuracies, he must inform Customer Service immediately and without delay.

8.5 The total liability of Lapis Luminis, for all of the damages reparable under the terms of the Contract, that it is likely to cause to the Customer under the Contract is engaged in the event of fraud or gross negligence, or in the event of liability of the makes defective products. Apart from these cases, this liability is limited to the repair of only foreseeable, direct and material damage actually suffered by the Customer as a result of the failure of Lapis Luminis, this repair cannot in any case exceed the amount of his last purchase, and this, even if Lapis Luminis has been warned of the possibility of such damages.

 

      It is specified that, within the framework of the Contract, are deemed to constitute consequential damages not giving rise to the right to compensation by Lapis Luminis, even if they are foreseeable, any loss of profits, turnover, data, databases or programs, deprivation of savings and any additional costs, as well as any image damage and any third-party claims.

 

      In particular, Lapis Luminis shall not be liable to the Customer for damages caused by (I) the Customer's own act, omission or fault; (II) any case of force majeure as defined by case law rendered by Swiss law; (III) any third party unrelated to Lapis Luminis for the performance of the Contract (for example, in the event that the problems result from the performance, congestion or connection of the telecommunications means or services, or the performance of the Customer's computer equipment); or (IV) any other event that neither Lapis Luminis nor its suppliers could have foreseen or prevented even if Lapis Luminis or its suppliers had taken all reasonable precautions.

 

      In particular, will be considered as arising from the Customer's own act, omission or fault: any damage or loss he may suffer resulting from the unsuitability or incompatibility of his computer equipment (hardware and/or software) with all or part of the Site. and/or the lack of implementation of all reasonable and necessary protections against any harmful programs, devices or communications, because it is his and his sole responsibility to (I) check or have checked that his computer equipment and / or telecommunications is suitable and compatible with the Site, and this before any use and (II) set up and implement all reasonable and necessary protections against any harmful programs, devices or communications, in particular by means of anti-virus software .

8.6 The Site may contain links to other sites on the Internet. These other sites are not under the control of Lapis Luminis and the Customer acknowledges that Lapis Luminis is not responsible for the accuracy, compliance with intellectual property rights, legality, decency or any other aspect of the content of these sites. The inclusion of any such link does not imply any endorsement by Lapis Luminis or any association with its operators. Lapis Luminis cannot ensure that the Customer will be satisfied with any product or service whatsoever that he will obtain on a third-party site which is the subject of a hyperlink from or to the Site, given that the channels of the other online businesses are owned and operated by independent merchants. Lapis Luminis does not endorse any merchandise and has taken no steps to confirm the accuracy or reliability of any information contained on these third-party sites. Lapis Luminis strongly encourages the Customer to carry out any research it deems necessary or appropriate before carrying out any electronic transaction whatsoever with any of these third parties.

8.7 The Site may contain or host quotes, articles or extracts from articles, extracts from magazines, newspapers or periodicals, videos and any other publications of any format published in the press or the media (hereinafter, the "Quotes") . These Quotes are always identified as such with mention of the respective source, and are republished with the latter's agreement. Lapis Luminis makes them available to the Customer for purely illustrative purposes, and the Customer acknowledges that Lapis Luminis is not responsible for the content of these Quotes. All the provisions of Article 8.6 above concerning links to other sites on the Internet also prevail for Quotes.

8.8 Lapis Luminis declines all responsibility for the harmful consequences due to the malfunction of the computer system and the software, as well as any device relating thereto, and which are used to have access to the Site.

8.9 Lapis Luminis declines all responsibility for any damage resulting from the temporary or permanent unavailability of the Site, whatever the cause.

8.10 Without prejudice to any mandatory legal provisions to the contrary, the Customer accepts that any complaint or action arising from or related to the use of all or part of the Site or the Contract, must be formulated and implemented judicially on the merits within a period of one (1) year following the earliest of the following two dates, under penalty of prescription: the date on which the claim was first made or the date on which the cause of the claim first appeared.

Article 9 Intellectual property

9.1 Lapis Luminis offers luxury products under its own name and under its own brand. These products are offered via the Site and via the points of sale mentioned on the Site. All products manufactured and offered under the Lapis Luminis name and brand are protected by national and international laws and Lapis Luminis is the exclusive owner of their intellectual property. Customer is prohibited from using the trade name 'Lapis Luminis' or any directly related name, and from using, reproducing, modifying, disclosing, distributing, shipping, selling, reselling, assign the items produced under the Lapis Luminis brand or assign any rights to third parties on these products without having obtained the prior express written consent of Lapis Luminis. The Customer undertakes to indemnify Lapis Luminis, and to guarantee it against any claim and/or action by third parties, for the damage caused by any breach of this provision.

9.2 The Site and all elements (including products), documents and other data contained therein (hereinafter, the “Content”), whether textual, visual or sound, are protected by Swiss and international rules. applicable in matters, as the case may be, of trademarks, trade marks or services — whether or not they are registered as such — and trade names or other distinctive signs, copyrights, related rights, sui generis rights, design and model rights, patents, manufacturing or commercial secrets, methods and processes, commercial concepts, or other rights of the same nature and belong to or have been licensed to Lapis Luminis.

9.3 The Customer's right to use the Site and any Content or other material therein is subject to its compliance with the Agreement and any applicable law or regulation. Any use of the Site or any Content for any purpose other than those authorized by the Agreement may constitute a violation of the rights of Lapis Luminis or those belonging to its licensors:

 

      (I) the Customer may only access and display any Content and any other element of the Site for non-commercial and private use, excluding any commercial or independent professional use;

 

      (II) the Site and any Content may not be copied, reproduced, modified, republished, downloaded, posted, adapted, transmitted, sold, exploited, distributed or used in any way without the prior written permission of Lapis Luminis or except as permitted by law. mandatory applicable (in this case, the Customer must keep intact all notices of ownership);

 

      (III) decompiling, reverse engineering, disassembling or otherwise reducing the code used in any software on the Site into readable form in order to examine its structure and/or to copy or create other products based (in whole or in part) on this software are prohibited, unless there is an applicable imperative legal exception;

 

      (IV) the Customer must not use meta tags or any other hidden text containing the name of Lapis Luminis, its brand or that of companies related to it without its specific, prior and written consent;

 

      (V) if the Customer wishes to place, for his personal use, on his site, a simple link referring directly to the home page of the Site, he must obtain prior specific and written authorization from Lapis Luminis ; in no case the agreement of Lapis Luminis can engage its responsibility, in any capacity whatsoever, on the Site or any Content;

 

      (VI) any hypertext link to the Site by the technique of framing or in-line linking is strictly prohibited without the specific, prior and written consent of Lapis Luminis.

Article 10 Comments, reviews, communications and other content

10.1 Any information that the Customer provides to Lapis Luminis is subject to the Data Protection Policy, which governs the collection and use of such information by Lapis Luminis. The Customer declares that his use of the Site constitutes acceptance of the collection and use of this information by Lapis Luminis, including the transfer of this information to Switzerland and/or any other country for its storage, processing and/or use. by Lapis Luminis.

10.2 Clients may address criticisms, comments or other content to Lapis Luminis, submit suggestions, ideas, questions or any other information to Lapis Luminis as long as such content is not unlawful, obscene, abusive, threatening, defamatory, infringing intellectual property rights, or harmful to third parties and does not consist of or contain computer viruses, political activism, commercial solicitations, mass mailing, chains or any other form of "spam". The Customer must not use a false e-mail address, impersonate any person or entity, or lie about the origin of the content. Lapis Luminis reserves the right, in its sole discretion, to remove or edit any content.

10.3 If the Customer sends content to Lapis Luminis, and unless otherwise stipulated by him, the Customer grants to Lapis Luminis, as well as to companies related to it, for the legal duration of applicable protection, the non-exclusive and free right to reproduce, modify, adapt, publish, translate, distribute, sublicense and display this content worldwide, on the Site and on all media.

10.4 The Customer declares and guarantees to be the owner or holder of the necessary rights to the content that he transmits to Lapis Luminis. He agrees to indemnify Lapis Luminis in the event of an action or claim by a third party against it when this action has the cause, foundation or origin of the content that it has communicated to it.

 Article 11 Provisions relating to the use of the Site

11.1 The Site is monitored for fraudulent activity. If Customer fraud is detected, Lapis Luminis will pursue all available remedies, and Customer will be responsible for all costs and legal fees arising from its fraudulent activities.

11.2 Access and use

 

      As part of placing the order, the Site may require the Customer to identify himself. The identification methods prescribed by the Site are then displayed. Lapis Luminis strives to make the line of communication used to access and use the Site as secure as possible. To do this, Lapis Luminis may at any time modify the access procedure, the modes of identification and the access to these modes of identification, as well as the security measures, for example if the evolution of technologies requires it.

11.3 Use of password

 

      In some cases the Customer will need a password in order to access parts of the Site (for example to follow the stage of production and/or dispatch of his order). Access to these parts is strictly prohibited without using the password. The Customer is required to keep his password secret. He undertakes to immediately inform Lapis Luminis if his password is disclosed to a third party and/or if he receives a password communicated by a third party. Each use of the Site and each action recorded on the Site will, upon valid identification with its password, be deemed to have been made by the Customer. In the event that Lapis Luminis has reason to believe that the security of the Site is in danger, it may modify the Customer's password.

11.4 Maintenance, modifications, improvements

 

      Lapis Luminis reserves the right to suspend without prior notice the functions of the Site and the systems that depend on it when maintenance, modifications and improvements must be made.

Article 12 Applicable law – Competent jurisdiction

 

      Unless explicitly agreed otherwise in writing, the place of jurisdiction is Geneva (Switzerland), only the courts of Geneva have jurisdiction in the event of a dispute, and the Contract is subject to Swiss law (excluding the rules applicable in matters of conflict of laws).

Section 13 Miscellaneous

13.1 If a provision of the Contract should be declared illegal, null or inapplicable for any reason whatsoever and it is not possible to replace it by operation of law with a reasonable provision having a similar effect (operation which the parties allow to right now to any court seized of the dispute concerned to carry out, insofar as the applicable law allows it), this provision will then be considered as likely to be severed from the Contract and will not affect the validity and the applicability of the other provisions to the fullest extent possible under applicable law.

13.2 The fact for Lapis Luminis not to exercise one of the rights conferred on it under the Contract cannot be interpreted for the future as a waiver of the right in question or as an obstacle to the exercise of any other right. .

13.3 Lapis Luminis may transfer (by any means and in any form, including by merger) its rights and obligations under the Contract, without having to notify the Customer: (I) to any entity which is or will be related to it , or (ii) to any person or entity that will directly or indirectly take control of all or a significant part of its assets or capital or voting rights or those of any of its related entities. The Customer may not transfer (by any means whatsoever) the Contract, without having first obtained the written consent of Lapis Luminis.

13.4 Lapis Luminis may send the Customer any notification provided for in the Contract, either in the form of a publication on the Site, or by e-mail, or by normal, express or registered mail to its address which it has in its systems, at his choice. The Customer acknowledges and accepts that one or other of these notification methods, chosen by Lapis Luminis, is sufficient for his information.

13.5 Lapis Luminis may rely, in particular for the purposes of proof of any act, fact or omission, of the programs, data, files, recordings, operations and other elements (such as monitoring reports or other statements) of the nature or in the format or computer or electronic medium, established, received or stored directly or indirectly by it, except for abuse or manifest error. The Customer undertakes not to dispute the admissibility, validity or probative force of the elements of nature or in format or computer or electronic medium mentioned above.

13.6 The Site is subject to a security system to guarantee secure online payment and to guarantee the confidentiality of the Customer's identity data and his order: Lapis Luminis has adopted the SSL encryption process.

13.7 For any order placed on the Site, Lapis Luminis proceeds to the archiving of the Contract in force at the time of the order, of the order itself and of the acknowledgment of receipt sent by Lapis Luminis, and this, for a period ten (10) years from the dispatch of the products covered by the order. The Customer may access the archived Contracts by making a request by e-mail to the address contact@lapislminis.com or by post.

13.8 In the event of contradictions between the versions of the Contract translated into different languages, only the French version shall prevail, or failing that, only the English version if the French version is not accepted in your jurisdiction, and this within the limits permitted by the local law in your jurisdiction.

 

Version: 03.2022

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