The company PACIFIQUE OR, a S.A.R.L with a share capital of 1,000,000 XPF; Ridet 084921-001 whose registered office is at 33 bis, rue Jean Jaures and 38, rue Georges Clémenceau (hereinafter, "We", "Our", "Our" or "PACIFIQUE OR"),
Any adult natural person acting exclusively within the strict framework of their personal needs, who consults the website www.diams.nc (hereinafter, the "Site") and/or makes a purchase from PACIFIQUE OR (here -after "You", "Your", "Your", the "User" or the "Internet user").
We ask You to read the Contract (as defined below) carefully before using the Site and/or placing any order with PACIFIQUE OR insofar as this Contract affects Your rights and obligations. The mere use of the Site and/or the placing of any order constitutes knowledge and irrevocable agreement on Your part of the Contract. If You do not agree with any of these provisions, You are not authorized to use all or part of the Site and/or to place any order.
Please print a copy of this Agreement for Your records.
Article 1 - General Provisions
1.1 Useful coordinates
If You wish to contact Us, Our contact details are as follows:
- telephone number: at (687) 28 28 31 Monday to Friday from 8:00 a.m. to 6:00 p.m. (time in New Caledonia).
- Email form
The director's contact details are as follows:
Jacques DOLBEAU, in his capacity as manager
PACIFIQUE GOLD: BP 4818 98847 noumea Cedex
1.2 Scope of the Contract
Your use of the Site and/or any purchase made from PACIFIQUE OR is expressly and exclusively governed by (I) the Terms, (II) Our Data Protection Policy (data protection), and (III) all other terms and conditions posted or otherwise referenced from time to time on the Site (together, the "Agreement"). Please note that the Conditions take precedence, in case of contradiction and unless expressly provided otherwise, over all other terms and conditions mentioned in section (III) above.
1.3 Amendments to the Contract
The Contract may at any time be reviewed, updated or otherwise subject to modifications, in whole or in part, it being specified that when You place an order on the Site, the applicable Conditions are those in force on the Site at the date of registration of Your order.
In the "workshop" section, all the diamonds We deliver to You are provided with a diamond certificate issued by an independent gemological laboratory (such as the International Gemological Institute (IGI), Hoge Raad voor Diamant or “Diamond High Council” (HRD), the GIA (Gemmological Institute of America), the Paris Chamber of Commerce and Industry (CCIP), GIA, etc. which describes their specific characteristics and includes a unique reference number. This certificate or a translation of this certificate will be provided to You in French or if You request it.
Article 2 – Price – Payment
The prices of our products are indicated in euros or xpf, all taxes included. We already invite you to consult the warranty, delivery section for more information concerning any shipping costs and other processing costs that may apply and which, if applicable, will be indicated when placing the order. of Your order.
For any order to a country other than New Caledonia, You are the importer of the product(s) ordered. Customs duties, other local taxes, import duties or state taxes are likely to apply. be due. These rights and sums are not Our responsibility and do not fall under Our responsibility. They will be entirely at Your expense and under Your responsibility, both in terms of declarations and payments to the competent authorities and/or bodies. We advise You to check with the competent authorities of your country.
An invoice will be issued and will be sent to You upon receipt by Us of Your order (see article 3.2.3 below).
All orders are payable in Euros.
PACIFIQUE OR reserves the right to modify its prices at any time and without notice, subject to article 1.3 above. The products already ordered will remain invoiced on the basis of the prices in force at the time of registration of Your order.
You can pay for your orders:
- by credit card (Visa, MasterCard, or Carte Bleue): the amount of Your order is then debited when Your order is ready to be shipped;
- by bank transfer: to do this, You must contact Our team of customer consultants to obtain details of our bank details.
Article 3 - Ordering and delivery
3.1 Conditions for placing an order
- be at least 18 years old and have the necessary legal capacity to place and honor any order or hold parental authorization allowing you to place and honor any order and be able to justify this to at any time, at Our simple request;
- be a natural person acting within the framework of your personal needs (in particular in the sense that any order You place must correspond to the normal needs of an individual).
3.2 Placing an order
3.2.1 Award methods
You can choose to place your order:
- directly on the Site;
- by phone at (687) 28 28 31 from Monday to Friday from 8:00 a.m. to 10:00 a.m. (time in New Caledonia).
- by email: email@example.com
3.2.2 Specific provisions applicable to placing an order on the Site
We only acknowledge receipt of Your order if the following steps are followed:
- 1st step: You must enter all the data requested of you, namely: your surname and first name, your contact details (telephone and email), your precise billing address (for security reasons, we ask that the billing address or the one registered by the issuing institution of your bank card, in order to protect you from possible fraudulent use), your precise delivery address, your method of payment;
- 2nd step: To validate your order, you must review the data you have entered and correct any errors, tick the box confirming that you have read and accept the contract without reservation, and click on "validate ".
- 3rd step: After validating your order, you must confirm it again as a precaution. To do this, you must review the details of your order, including its total price, and click on "confirm".
3.2.3 Receipt of Your order
As soon as Your order is registered (by telephone, email or on the Site) and within a maximum period of 2 (two) working days from this registration, We acknowledge receipt of Your order and inform You PACIFIQUE OR is bound by the order only from the sending of this acknowledgment of receipt. PACIFIQUE OR reserves the right to refuse, without liability on its part, any order concerning a user, on just cause, in particular if there is a doubt or a dispute relating to the payment of a previous order.
3.2.4 Changes to Your Order
Changes by you:
Until the date your purchases are dispatched (which we inform you about -- see below), you have the option of modifying all or part of your order (in particular by adding or deleting one or more products). Any modification will be analyzed in a new order which will completely cancel the previous one and must respect the process described above (order on the Site or by telephone) to be taken into account by PACIFIQUE OR. This right to modify the order does not apply to orders for personalized or engraved products at Your request.
Modifications by us in case of unavailability of the ordered product:
Our product offers and their prices are valid within the limits of available products. If it were to happen that some of the products you ordered are no longer available, we undertake to replace them with products of at least equal or superior quality (as the diamond certificate testifies) without modifying the price of your order. . We will inform you as soon as we become aware of this unavailability, will let you know of the new delivery time if necessary and will in any case give you the possibility of canceling your order.
We also reserve the right to cancel all or part of an order in the event of failure of one of our suppliers as well as in the event of force majeure. We will notify You as soon as We become aware of it and will refund any sums that you have already paid to us in relation to the canceled order or part of the order.
We inform you in writing of the dispatch of your articles.
We will send you in writing at the latest at the time of delivery confirmation of at least the following information:
- our identity (name, telephone number, registered office), delivery costs, terms of payment, delivery or performance (but only if your order was placed by telephone);
- the terms and conditions for exercising the right of withdrawal;
- the address where You can submit Your possible complaints;
- the guarantees available to You after delivery.
3.3.2 Place of delivery
The products are delivered to the delivery address You indicated during the ordering process.
Deliveries are made worldwide (New Caledonia, France, Oceania, Europe, etc.)
3.3.3 Delivery times
Unless longer manufacturing, processing, shipping and/or delivery times are required (which we will inform you of upon receipt of your order), the products ordered are delivered within thirty (30 ) maximum days from receipt of your order (see section 3.2.3 above).
Delivery will be deemed to occur on the date of first presentation of the products to the delivery address indicated.
3.3.4 Late delivery
We invite you to regularly check the status of your order.
We will keep you informed of any shipping delays of which we become aware In this case:
- If you order several products at the same time and only some of them are delayed, We may split the shipments. In this case: only the products shipped will be debited, the shipping costs for products shipped late will be free.
3.3.5 Observations on the delivery or the products delivered
You must check the packages and products on delivery. If You have any reservations or observations justifying the products being returned to us, You must proceed as indicated in article 4 below.
3.3.6 Delivery rates
The rates applicable on January 1, 2019 are as follows.
Delivery provided by DIAM'S, 1500 CFP
Delivery provided by the OPT, 2000 CFP
Delivery provided by Chronopost, 7250 XPF
Delivery provided by Chronopost, 9508 XPF
Rest of World:
Delivery provided by the OPT, 2000 XPF
Article 4 – Returns
4.1 Right of withdrawal
Pursuant to the provisions of Article L. 121-20 of the Consumer Code, You have a period of seven (7) clear days from receipt of the products to exercise Your right of withdrawal, without justification nor penalties (with the exception of the assumption by Your care of the expenses of return).
To do this, You must inform PACIFIQUE OR in writing or by telephone (see article 1.1 above) of your decision before returning the products to Us.
We will reimburse you no later than thirty (30) days following the date on which your right of withdrawal was exercised.
4.2 Satisfied or refunded
Beyond the aforementioned right of withdrawal and up to thirty (30) days after delivery, We give you the possibility of returning to Us the products ordered which do not give you complete satisfaction for reimbursement, exchange or resizing.
To do this, you must imperatively inform PACIFIQUE OR in writing or by telephone (see article 1.1 above) of your decision before returning the products to us, indicating the reason for your return.
- If you return the products to us for resizing or exchange, the return costs remain your responsibility and the new shipping costs will be borne by PACIFIQUE OR; upon receipt of the resized or exchanged products, you will no longer be able to benefit from the provisions of the aforementioned articles 4.1 and/or 4.2.
- If you return the products to us for reimbursement, the initial transport costs will be at our expense, and the return costs will be at your expense; we will refund you the price corresponding to the value of the products no later than thirty (30) days following the date on which your return was accepted by PACIFIQUE OR, as indicated in article 4.3 below.
4.3 Conditions for accepting returns
The returns provided for in articles 4.1 and 4.2 above will only be accepted by PACIFIQUE OR and will only give rise to a refund or exchange if:
- the products are returned to us in their original packaging, complete (original of the certificate provided if this is the case, accessories, packaging, including gift box, case, instructions...), in perfect condition and accompanied a copy of the original purchase invoice; thus, items returned incomplete, damaged, damaged or soiled will not be taken back under any circumstances.
- Our specialists confirm that the setting and the stone, or any other component of the product, are in conformity with the product that was sent to you, without damage, modification, or intervention of any kind
In addition, products that have been the subject, at your request, of a personalized or specific inscription (in particular whose setting would have been engraved or whose diamond(s) would have made the object of a laser inscription or other, apart from the certificate number) can no longer be refunded or exchanged.
4.4 Terms of refund and exchange
Any refund will be made, at PACIFIQUE OR's choice, either by crediting your credit card or by transfer to your bank account.
In the event of an exchange, if the new order is for an amount greater than the order giving rise to the exchange, the user must enclose payment of the remainder with the exchange request. Conversely, if the amount of the exchange is less than the amount of the order, the user will receive, under the same conditions as those referred to above, a refund of the overpayment.
Article 5 – Warranties
5.1 Product Warranty
5.1.1 Contractual guarantee
We guarantee that the diamond(s) set in the jewel(s) delivered to you conform(s) to the diamond certificate(s) that accompanies it, if your purchase comes from Creation Workshop. For jewelry that does not require a certificate (jewelry from the collection section or diamonds whose carat weight is less than 0.30 ct). In addition, the jewels are guaranteed against their defects for a period of one (1) year to five (5) years from their delivery (parts and labour). We undertake to refund or exchange, at our option, the apparently defective jewelry that you return to us during this period.
This warranty will only be granted to You, however, if the defect on which You claim is not the result of:
- abnormal or non-compliant use;
- normal wear and tear;
- an accidental event or, more generally, an external cause (such as the intervention of any unauthorized third party on the jewel).
In addition, the costs of sending and returning jewelry remain entirely at your expense.
5.1.2 Legal warranties
Independently of the guarantee referred to in article 5.1.1, Pacifique or remains liable for defects in the conformity of the product with the Contract and for redhibitory defects under the conditions provided for in articles 1641 to 1649 of the Civil Code:
"Article L. 211-4 of the Consumer Code: The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting the packaging, the assembly instructions or the installation when this has been charged to it by the contract or has been carried out under its responsibility.
Article L.211-5 of the Consumer Code: To comply with the contract, the goods must:
1° Be suitable for the use usually expected of a similar item and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted
Article L. 211-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which diminish this use so much that the The buyer would not have acquired it, or would have given only a lower price, if he had known about them.
Article 1648 first paragraph of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser, within two years from the discovery of the defect."
5.2 Warranty regarding the Site
Without prejudice to the guarantees set out in article 5.1 above, PACIFIQUE OR does not grant any guarantee on the Site and/or the content (as described in article 7 below). In particular, PACIFIQUE OR does not grant any guarantee as to the conformity of any of the elements of the Site for any particular use. PACIFIQUE OR does not guarantee that the functions contained on the Site and that any Content or other element therein will be available, uninterrupted or error-free at all times, 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 likely to cause damage.
Article 6: Liability
Jewelry pictures are for illustrative purposes only. Consequently, PACIFIQUE OR cannot be held liable in the event of differences between the photos of the jewelery and the jewelery delivered. We invite You to refer to the description of each jewel to know its precise characteristics. If in doubt or if you would like further information, please do not hesitate to contact Us (see article 1.1 above).
The Site may contain links to other sites on the Internet. These other sites are not under the control of PACIFIQUE OR and You acknowledge that PACIFIQUE OR 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 such a link does not imply any endorsement by PACIFIQUE OR, nor any association with its operators. PACIFIQUE OR cannot guarantee that you will be satisfied with any product or service whatsoever that you obtain on a third-party site which is the subject of a hyperlink from or to the Site, given that the channels of other businesses online are owned and operated by independent merchants. PACIFIQUE OR 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.We urge You to do whatever research You feel is necessary or appropriate before engaging in any electronic transaction with any of these third parties
Article 7 - Intellectual property
The Site and all the elements (including the products), documents and other data which appear there (the "Content"), whether visual or sound, are protected by the French and international rules applicable in matters, as the case may be, trademarks, trade marks or services -- whether or not they are registered as such -- and trade names or other distinctive signs, copyrights, neighboring rights, sui generis, design and model rights, patents, manufacturing or commercial secrets or other rights of the same nature and belong to or have been licensed to PACIFIQUE OR.
Your right to use the Site and any Content or other material therein is subject to Your 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 our rights or those belonging to Our licensors:
- you may only access and display any content and other material on the Site for non-commercial, private use;
- the Site and any content may not be copied, reproduced, modified, republished, downloaded, posted, adapted, transmitted, distributed or used in any way without the prior written authorization of PACIFIQUE OR or except where applicable mandatory legal authorization (in In this case, you must keep all proprietary notices intact);
Article 8: Conflict free
Diamonds come from different sources around the world. For several years, the international community has been concerned about the link that may exist between the trade in certain rough diamonds and the financing of armed conflicts, particularly in Angola, Sierra Leone and the Democratic Republic of Congo. As a responsible corporate citizen, we want to actively promote the global provisions on "conflict diamonds". Also, We only buy from recognized and established suppliers, who themselves undertake not to supply "conflict diamonds". This criterion is one of the selection points of our suppliers.
Article 9: Applicable law - Competent jurisdiction
10.1 French law
The Contract is subject to French law (excluding applicable rules on conflict of laws).
In the event of a dispute, only the French courts will have jurisdiction.