Terms and Conditions

Terms and Conditions.

These provisions set out the Terms of Conditions of jewellery and other products on sale on the site www.france-MINERALS.fr (‘the Site’) by:

The company FRANCE MINERALS (hereinafter ‘FRANCE MINERALS’),

Whose headquarters are located at 81 route porte fâche, 16100 BOUTIERS ST TROJAN – FRANCE, under the R.C.S. number 830 852 976 of Angoulême and under the company registration number 81283461200010.

FRANCE MINERALS is the publisher of the www.france-minerals.co.uk site and can be reached directly at contact@france-minerals.co.uk

The Site is hosted by the NEWP company.

On the site, FRANCE MINERALS offers the sale of mineral jewellery, natural stone objects and raw minerals (hereafter referred to as ‘Products’, as well as accessories related to these products) to users browsing the Internet and on the site (hereafter referred to as ‘Customers’).

The customer is a natural person of full age or one who has the legal capacity to contract and place (for non-professional purposes) one or more orders on the Site at the indicated price and conditions.

For the purposes of applying these provisions, it is agreed that the Customer and FRANCE MINERALS will be referred to as the ‘Parties’ and individually referred to as ‘party’.

Any order for a product made on the www.france-minerals.co.uk site is subject to these Terms and Conditions.

FRANCE MINERALS fully reserves the right to change these Terms and Conditions at any time by publishing a new version on the Site. These Terms and Conditions will then apply and will be in effect on the date an order is placed.
1Subject
These Terms and Conditions are intended to define the rights and obligations of the Parties resulting from the online sale of products offered on the Site.

They organise all the necessary steps to place the order and ensure the tracking of this order between the contracting parties.
2Products and Services
Only products listed on the Site on the date of the order that are indicated as available can be sold to the Customer. The products presented are products based on natural stones. Their shapes and colours can sometimes vary from the product’s presentation photo. It is possible that the site’s stocks vary significantly from warehouse stocks, due to damage or poor quality. As such, refunds must be made if this is the case at the discretion of FRANCE MINERALS in case of stock shortage.

The products and prices are valid as long as the product is available on the Site.

The photographs and graphics depicting Site Products are provided on an exemplary basis, and are not contractual. As a result, France Minerals cannot be held liable in the event of an error or omission in any of these photographs or graphics.

The Customer is also required to consult the description of each product to know its characteristics, and optionally, the conditions of maintenance and use.

Each Product ordered is accompanied, during delivery, with billing elements. In addition to the Products offered on the site, France Minerals can offer ancillary services: resizing, etc.
3Price
All prices listed on the Site include value-added tax, at the legal rate in effect on the billing date. The prices listed on the Site are in pound sterling and do not include shipping costs.

Any change in the applicable rate may be reflected on the prices of products and services. The prices applied are those listed on the Site at the time of order. After this date, they are subject to change at any time.

In the event of delivery in accordance with Article 6.1, the flat rate of participation costs will be communicated to the Customer on the detailed order form, before final validation of the order.

France Minerals reserves the right to offer promotional codes. These promotional codes can only be generated by France Minerals and will not be applicable on the price of Products subject to other promotions (sales, bulk lot sales, sales with bonuses, price reductions, etc.). France Minerals cannot be held responsible for any promotional codes disclosed on forums other than those issued from France Minerals and for which it would not have given its consent.
4Duration
The sales offers on the Site, governed by these Terms and Conditions, are valid for any Product as long as it remains online.

These Terms and Conditions are deemed accepted by the Customer at the time of the double-click validation of the order and apply for the duration necessary to supply the Products until the warranties’ expiry.
5Order
5.1. Order Placement

The Customer can place their order from the catalogue of products available on the site.

The Customer can order the product(s) of their choice by clicking ‘Add to the basket.’

Depending on the nature of the product, the Customer may have to choose the size of the product.

If the Product is not in stock, the Site will indicate the estimated date of product availability where possible.

Once the Product is added, the Customer can either continue shopping by clicking ‘Continue shopping’ or can check their orders by clicking on ‘Basket.’

At any time, the Customer can:

Check the products in their basket: their quantity, amount and detailed information about each of them by clicking on the ‘Basket’ or ‘See My Basket’ icon,

Change or cancel the order of one or more products on the summary page,

Continue to select products by browsing the website and continue to purchase through it,’

Validate your order by clicking on the ‘Order’ icon on the checkout page.

5.2 Order validation

After viewing the items on the checkout page, the Customer cannot validate his order and access the next step without reading the Terms and Conditions which they attest by checking the box provided for this purpose.

5.3 Customer identification

The order can only be validated on the Site if the Customer has a personal account.

If the customer does not have an account, they must accurately fill in the fields identified as mandatory by an asterisk in order to create their personal account. They will have to provide the necessary information for their identification, including a valid email address and a password of their choice (which must be personal and confidential) that will be later used to identify themselves on the Site.

Customers will also need to provide their name, first name, date of birth, personal address and phone number to create their customer account.

Customers who already have a customer account must identify themselves after clicking ‘Order’ by entering their email address and password.

The customer accepts that the seizure of these two credentials is proof of their identity.

The Customer is responsible for the selection and retention of their credentials and must ensure their confidentiality. France Minerals cannot be held responsible for any theft of customer accounts by third parties.

The provision of personal information collected in relation to distance selling is mandatory, as this information is necessary for the processing and delivery of orders as well as for the issuing of invoices. This information is strictly confidential.

5.4 Completion of an order

At this point, the Customer will access a Site page detailing the contract offer as well as the customer’s billing address, which can be changed if needed. The Customer validates the billing address by clicking ‘Order.’

The Customer will then access a page listing the basket Products. They will then choose the delivery terms and address to which the Customer wants the Products to be delivered. Customers will have the opportunity to include a message of their choice with their delivery. In the event of a first home delivery, it is necessary to input the address given before continuing the order.

By clicking ‘Order,’ the Customer will then access a page that allows them to choose their payment method.

5.5 Payment

The price owed by the Customer is the amount indicated on the order form that the Customer has read before validating their order. The price is reiterated once the payment has been made in the summary document sent by email to the customer’s email address by France Minerals.

Customers have several methods to pay for their purchases:

By bank card (Credit Card, Visa, Eurocard, Mastercard, etc.) via the 3D Secure System, by bank transfer, by Paypal, by cheque or post, or by using a gift card previously sold on the site (if this is the case at the time),

For credit card payments, the payment terms are:

Regardless of the application of Article R.642-3 of the Penal Code, the Customer will pay their order by credit card (card with the CB mark, cards bearing the VISA, EUROCARD or MASTERCARD mark) in accordance with the provisions of this article.

To pay for their order by credit card, the Customer must provide the bank number, expiry date and CVC number (3-digit number on the back of their bank card). This data will be encoded on the servers on which the Site is hosted using the SSL security standard.

The card will be debited at the time of order placement. In any event, the amount debited corresponds to the product(s) delivered.

It is specified that to make payment by credit card, the Customer will be automatically redirected to the PayPal payment server.

In case of a cheque payment, it must be sent to the following address: France Minerals, 81 Route Porte Fâche, 16100 BOUTIERS, FRANCE.

Gift card payment:

Gift cards can be used at once on a purchase on the website and also in store. Any purchase can be paid for with a gift card and supplemented by another payment method available on the website.

All new gift cards issued after 01/06/2015 will be available online.

In any event, the online provision of the credit card number or any other payment method and the final validation of the order is valid proof of the entire order, in accordance with the provisions of Law No. 2000-230 of March 13, 2000, adapting the law of evidence to information technology and electronic signatures reproduced in Articles 1316 and seq. of the Civil Code. They will also be liable for the sums incurred by the acquisition of the items on the order form.

This confirmation acts as signature and express acceptance for all transactions made on the site.

5.6 Order acknowledgement

After payment, the Customer is directed to a page confirming their online purchase.

A summary document of the order is sent to the Customer by email to the email address specified by them and no later than before delivery. This document constitutes acknowledgement of receipt and includes all the elements of the contract between the Parties

5.7 Order Tracking

To track the current order, the Customer can log in to their personal account by navigating to the ‘my account’/‘my orders’ section or send us an email for follow-up request if the device encounters difficulties on the site.
6Product Delivery
Customers can either have the product delivered to their home or a designated location.

6.1 Home delivery

Customers may have Products delivered to the address they have indicated when the Products were ordered, as this address may differ from the billing address.

The Products ordered by the customer are delivered in Mainland France, overseas departments and territories and Monaco.

For products in stock at the time of order, the Customer benefits from several delivery methods, detailed on the following page: Link

For deliveries outside mainland France the customer agrees to pay all taxes due to the importation of products, customs duty, value added tax, and all other taxes due according to the laws of the country receiving the order.
7Order Reception
Upon order receipt, the Customer is required to ensure conformity of the received Products with the order they have placed. It is essential to report any discrepancies regarding the delivery to France Minerals customer service team within 14 days of receiving the products. This is particularly the case for damaged parcels and missing or deteriorated products. Any claim made more than 14 days after receipt of the Products will be rejected and the liability of France Minerals cannot be incurred under any circumstances. The Customer may be obliged, at the request of France Minerals, to return the non-compliant or deteriorated product to them. The customer must do this by post. France Minerals reserves the right to refuse to process a subsequent order in the event of abnormal or improper returns from the Customer.
8Right of withdrawal and refund
The Customer has 14 clear days from receipt to return ordered Product(s) (with exception of custom products) for a refund, without needing to justify any reason. In order to exercise this ability, the Customer is invited to declare his return by email to the address: contact@france-minerals.co.uk or through the withdrawal form received by email at the time of the order. They can also use the contact form on the ‘Contact Us’ page. The Customer is obliged to include the return number, which will be communicated to them at the time of the declaration. All products must be returned in new condition, in their original packaging accompanied by the return slip and invoice. The return of Products can only be done by post to the following address:

France Minerals 81 Route Porte Fâche 16100 BOUTIERS FRANCE

Products that are incomplete or that have been degraded, worn or dirtied by the customer will not be returned or exchanged. The exercise of such a faculty will not result in any penalty for the Customer, including the return costs that will be paid for if the products have not been damaged.

If the above conditions are met, France Minerals will refund the customer the total amount of their order, within 14 days of France Minerals’s receipt of the Products.

However, in accordance with Article L. 121–202 of the Consumer Code, the right of withdrawal, as well as any refund request, cannot be exercised when the product has been manufactured, modified, adjusted (resized) or customised at the request of the Customer. Commercially, France Minerals will agree to reshape, modify, adjust (resize) or customise the product a second time at your request to contact@france-minerals.co.uk for a flat-rate cover according to the type of product:

  • Bracelet: £15 (VAT included)
  • Necklace: £20 (VAT included)
9Exchange
France Minerals can exchange products ordered on the www.france-minerals.co.uk site within 14 working days once the customer receives the order. This exchange is done by post.

To do this, the products must:

Be in their original condition (have not been worn on a daily basis, do not present any damage or alteration due to misuse) in their original packaging with their invoice free of any writing.
10Responsability
France Minerals takes no responsibility for the technical operation of its Site, and does not guarantee the total absence of viruses or other harmful elements on its Site and on the servers. If the use of the Site or its contents were to cause the user harm forcing them to have equipment, hardware or databases repaired or replaced, France Minerals cannot be liable for the costs incurred by these activities. In general, all information contained on the Site is provided ‘as it is’ and ‘accessible according to the availability of the Site.’

France Minerals disclaims any responsibility:

For any damage resulting from a fraudulent intrusion by a third party that results in a change in the information disseminated on the Site.
11Warranty
Legal warranty

All of our products benefit from legal warranty as recalled by the articles reproduced in the appendix, provided that the use has been normal and that maintenance advice has been followed.

Warranty against hidden defects

All Products benefit from the hidden defects guarantee (Articles 1641 and seq. of the Civil Code as recalled by the articles reproduced in the appendix), allowing the Customer to return Products delivered defective or non-compliant.
12Protection of personal data
The applicable privacy law in effect is Law No. 2018-493 of June 20, 2018. These provisions made by the France Minerals website set out the privacy policy and are displayed on the following pages:

13Proof, retention and archiving of transactions
France Minerals recommends that the customer keep a paper trail or all data relating to their order on a reliable computer medium.

Computerised registers stored on France Minerals’s computer systems under reasonable security conditions will be considered as evidence of communications, orders and payments between the Parties.

The invoices are archived on a reliable and durable medium in order to correspond to an accurate and durable copy.
14Intellectual property
The Site is owned and operated by France Minerals. All content, features and components i.e. graphic charter, domain name, comments, videos, photos, the brand, illustrations, iconography, images and other items on the website, are protected under existing intellectual property and copyright laws for which www.france-minerals.co.uk holds these rights.

Any unauthorised exploitation of the site or its content could constitute as infringement under Articles L. 335-2 and seq. of the Intellectual Property Code.
15Major Force
France Minerals will not be responsible for the total or partial non-performance of its obligations under this contract, if this non-performance results either from the Customer, or from an unpredictable and insurmountable event to a third party to the contract, or in the case of force majeure as defined by the jurisprudence of the French courts, including total or partial strikes of postal services and means of transport and/or communications.

France Minerals will notify the Customer of a force majeure event within 5 working days of its occurrence.

The Parties agree to consult as soon as possible to determine how the order will be processed for the duration of the force majeure event.

After a 30-day period of interruption due to force majeure, the Parties will be relieved of their obligations to each other. If necessary, France Minerals will refund the Customer as soon as possible. War, riots, fire, strikes, accidents and impossibility of being stocked are considered as force majeur events absolving the seller of their obligation to deliver, In this case, prompt refund is mandatory. Always check your delivery on its arrival. Customers have 48 hours to make any reservations with the courier in case of missing or damaged products.
16Applicable Law and Dispute Resolution
These Terms and Conditions are subject to French law.

This contract is subject to French law. France Minerals cannot be held responsible for damages of any kind, whether material, intangible or bodily, which could result from misoperation or misuse of sold products. The same is true for any product modifications resulting from manufacturers. The liability of France Minerals will, in any event, be limited to the amount of the order and cannot be challenged for simple errors or omissions that could have persisted despite all the precautions taken in the products’ presentation. In case of difficulties in the fulfilment of this contract, the buyer has the possibility, before any legal action, to seek an amicable solution, in particular with the help of a trade association of the branch, a consumers' association or any other association of their choice. It should be noted that the search for an amicable solution does not disrupt the legal warranty period, nor the duration of the contractual warranty. Claims or challenges will always be met with careful consideration, as goodwill is always presumed in those who take the time to explain their circumstances. In the event of a dispute, the customer will first go to the company for a amicable solution. Failing this, the Court is the sole jurisdiction, regardless of the location of delivery and the accepted payment method. In the event of a dispute, the French courts will have sole jurisdiction.
17Mediation
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, France Minerals adheres to the FEVAD E-Commerce Ombudsman Service (Federation of e-commerce and distance selling) whose contact details are the following: 60 Rue La Boétie – 75008 Paris – https://www.mediateurfevad.fr. After a prior written approach by consumers to France Minerals, the Ombudsman’s Service can be referred to for any consumer disputes that have not been resolved. To find out the ombudsman referral methods, click here.
18Appendixes – Reproductions of Articles L. 217-4 to L. 217-12 of the Consumer Code and 1641 to 1648 of the Civil Code
All of our products benefit from the legal warranty scheme, provided that their use has been carried out under normal conditions and maintenance advice has been followed.

Article L. 217-4 of the Consumer Code

The seller delivers an item that conforms to the contract and is responsible for faults in conformity that exist at the time of delivery. The seller is also responsible for faults in conformity arising from packaging, assembly instructions or installation when the contract assigns it responsibility for the latter or when it was carried out under its responsibility.

Article L. 217-5 of the Consumer Code

The item conforms to the contract: 1. If it is fit for the use normally expected of a similar item and, where applicable: – if it matches the description given by the seller and has the qualities that the seller represented to the buyer in the form of a sample or model; – if it has the qualities that a buyer can legitimately expect in light of the public statements made by the seller, the manufacturer or its representative, particularly in advertising or labelling; 2. Or, if it has the characteristics defined by mutual consent between the parties or is fit for any special use sought by the buyer, as communicated to and agreed to by the seller.

Article L. 217-6 of the Consumer Code

The seller is not bound by the public statements of the manufacturer or its representative if it is established that the seller was not aware of them and was legitimately not in a position to be aware of them.

Article L. 217-7 of the Consumer Code

Any non-conformities that appear within twenty-four months from the delivery of the items is deemed to have existed at the time of delivery, unless proven otherwise. This period is fixed at six months for second-hand items. The seller may rebut this presumption when it is not compatible with the nature of the goods and the nonconformity cited.

Article L. 217-8 of the Consumer Code

The buyer is entitled to demand that the item conform to the contract. However, they cannot challenge conformity on the grounds of a defect already known to them, or of which they could not have been unaware when entering into the contract. This also applies when the nonconformity is due to materials they themselves provided.

Article L. 217-9 of the Consumer Code

In the case of non-compliance, the buyer must choose between repairing and replacing the goods. However, the seller may not agree to the buyer’s choice if its cost is clearly disproportionate to the other option, given the value of the goods or the significance of the defect. The seller is then required to proceed, unless it is impossible, with the option not chosen not by the buyer.

Article L. 217-10 of the Consumer Code

If repairing or replacing the goods is impossible, the buyer may choose between: returning the goods and receiving a refund or keeping the goods and receiving a partial refund. The same options apply when: 1) The solution requested, proposed or agreed under Article L. 217-9 cannot be implemented within one month after the buyer’s claim; 2) Or if this solution cannot be implemented without major inconvenience to them in light of the nature of the item and their intended use. However, cancellation of the sale cannot be made if the non-conformity is minor.

Article L. 217-11 of the Consumer Code

The provisions of Articles L.217-9 and L.217-10 are applied without any cost to the buyer. These provisions must not prevent the award of damages.

Article L. 217-12 of the Consumer Code

Any action arising from a lack of conformity must be taken within two years after delivery of the item.’

Article 1641 of the Civil Code

The seller is bound by a guarantee against latent defects of the thing sold which makes it unfit for the use for which it is intended, or which so impair that use that the buyer would not have bought it or would have only paid a lower price for it, if they had known.

Article 1642 of the Civil Code

The seller is not liable for apparent defects which the buyer was able to see for themselves.

Article 1643 of the Civil Code

The seller is liable for latent defects, even when they were not aware of them, unless, in this case, they stipulated that they would not be bound by any guarantee.

Article 1644 of the Civil Code

In the case of Articles 1641 and 1643, the buyer has the choice to return the item and be refunded the price, or to keep the item and be refunded for part of the price.

Article 1645 of the Civil Code

If the seller knew about the defects in the thing, they are required, in addition to refunding the price received for it, to pay any interest and damages to the buyer.

Article 1646 of the Civil Code

If the seller did not know about the defects in the thing, they will only be required to refund to the buyer the costs of the sale.

Article 1647 of the Civil Code

If the item which had defects perished as a result of its poor quality, the loss is ascribed to the seller, who is required to refund the price to the buyer and to pay them other damages as explained in the two previous articles. But the buyer must not be liable for a loss caused by an unforeseeable event.

Article 1648 paragraph 1 of the Civil Code

Any action arising from impairing defects must be brought by the purchaser within two years of discovering the defect.’
19General Conditions for Professionals
Discounts applied on invoice amount (excluding tax):
  • £0 to £200 excl. tax: 20%
  • £200 to £400 excl. tax: 30%
  • £400 to £800 excl. tax: 40%
  • above £800 excl. tax: 50%
The first purchase must be a minimum £250 excl. tax. There is no minimum purchase required for the following orders.
Goods insured for at least £250 excl. tax.
Payment: payable in advance on the website by Credit Card, Paypal, Cheque or Bank Transfer.