Terms and Conditions of Sale

Terms and Conditions of Sale

Version applicable as of [online date]. JOHYA reserves the right to modify these General Terms and Conditions of Sale at any time. The version applicable to any order is the one in force on the date the order is placed.

Article 1 — Purpose and Scope

These General Terms and Conditions of Sale (hereinafter "GTS") govern all contractual relations between the company JOHYA, seller, and any natural or legal person, consumer or professional, making a purchase on the johya.com website (hereinafter "the Customer").

Any order placed on the johya.com website implies the full and unreserved acceptance of these GTS by the Customer, who acknowledges having read them beforehand.

Article 2 — Seller Identification

JOHYA, SAS with a capital of 2,000 euros, registered office at 44 rue Rennequin 75017 Paris, RCS Paris [to be completed], represented by its President Mr. Vincent Renault.

Email: administratif@johya.com

Article 3 — Products

The products offered for sale are precious stones, mainly Colombian emeralds, sold individually or in lots, mounted or unmounted.

Each product has a descriptive sheet specifying:

  • Weight in carats (1 carat = 0.200 gram)
  • Approximate dimensions
  • Color and saturation
  • Clarity level
  • Geographical origin (when it can be attested)
  • Type and intensity of any treatments (see Article 4)
  • Existence of a gemological certificate, if applicable

Photographs of the stones are taken under technical conditions allowing for the best possible rendition, but may show slight variations in color or appearance compared to the actual product due to the Customer's screen settings. JOHYA cannot be held responsible for these variations.

Article 4 — Disclosure of Treatments

In accordance with Decree n°2002-65 of January 14, 2002, relating to the trade of gemstones and pearls, and the rules issued by CIBJO (World Jewellery Confederation), JOHYA undertakes to transparently disclose all treatments applied to the stones offered for sale.

For emeralds, the level of oil or resin treatment is indicated according to the international nomenclature:

  • None (no oil / no treatment)
  • Insignificant
  • Minor (F1)
  • Moderate (F2)
  • Significant (F3)

This information is systematically included on the product sheet and, where applicable, on the gemological certificate accompanying the stone.

Article 5 — Prices

Prices are indicated in euros (EUR), all taxes included (TTC) for deliveries to metropolitan France and the European Union, excluding delivery costs.

For deliveries outside the European Union, prices are exclusive of French VAT. Any customs duties, local taxes, and customs clearance fees upon arrival are the sole responsibility of the recipient Customer.

JOHYA reserves the right to modify its prices at any time, it being understood that the price applicable to an order is the one displayed at the time of its validation.

Article 6 — Order

The Customer places an order by following the online purchase process on the johya.com website. The order is definitively validated after:

  • Selecting products in the cart
  • Entering delivery and billing information
  • Express acceptance of these GTS
  • Effective payment of the order

An order confirmation email is sent to the Customer at the address provided during the order. This email summarizes the products ordered, the total amount, and the delivery conditions.

JOHYA reserves the right to refuse or cancel any order in case of:

  • Pre-existing dispute with the Customer
  • Suspicion of fraud or payment default
  • Product unavailability
  • Obvious pricing error
  • Inability to comply with AML/CFT obligations (see Article 13)

Article 7 — Payment

Payment is made online, at the time of order, by the means offered on the site (credit card, and any other payment method referenced on the payment page).

Transactions are secured by Shopify's payment provider. JOHYA does not store the Customer's complete banking data at any time.

For high-value orders, JOHYA may request additional identity and source of funds documentation as part of its AML/CFT obligations (see Article 13). The order will only be shipped after receipt and verification of these elements.

Article 8 — Delivery

Delivery terms (service areas, deadlines, carriers, costs) are detailed in the Delivery Policy accessible on the website.

Precious stones are shipped with insured delivery and mandatory signature upon receipt. The Customer undertakes to be available at the indicated coordinates and to sign the delivery slip.

In the event of the Customer's absence during the first presentation, the Customer must follow the carrier's instructions to arrange a new presentation or collect the package. Any return to the sender due to failure to collect within the legal deadlines will result in new re-shipping costs to be borne by the Customer.

Article 9 — Receipt and Verification

The Customer is invited to check the condition of the package and the conformity of the products upon receipt, in the presence of the carrier if possible. Any anomaly (damaged package, missing product, apparent non-conformity) must be:

  • Mentioned on the carrier's delivery slip
  • Reported to JOHYA by email at administratif@johya.com within 48 hours of receipt, with photographic evidence

Article 10 — Right of Withdrawal

In accordance with Articles L221-18 et seq. of the Consumer Code, the consumer Customer has a period of fourteen (14) calendar days from receipt of the product to exercise their right of withdrawal, without having to give reasons for their decision.

To exercise this right, the Customer must notify JOHYA of their decision by an unambiguous statement, by email to administratif@johya.com or by using the standard withdrawal form at the end of these GTS.

The product must be returned in its original condition, accompanied by all its accessories (certificate, case, invoice), no later than fourteen (14) days following the notification of withdrawal. Return shipping costs, with insured and signed delivery, are at the Customer's expense.

JOHYA will refund all sums paid by the Customer, including initial delivery costs, within fourteen (14) days from receipt of the returned product or proof of shipment by the Customer, whichever date is earlier. The refund will be made using the same payment method as that used for the order.

In accordance with Article L221-28 of the Consumer Code, the right of withdrawal does not apply to goods made to the Customer's specifications or clearly personalized (custom-made rings, personalized engravings, etc.). This exclusion is stated on the relevant product sheet.

Article 11 — Warranties

Products sold by JOHYA benefit from the legal guarantees provided for in Articles L217-3 et seq. of the Consumer Code (legal guarantee of conformity) and Articles 1641 et seq. of the Civil Code (guarantee against hidden defects).

The legal guarantee of conformity applies for a period of two (2) years from the delivery of the goods. The Customer can choose between repair or replacement of the product, subject to the cost conditions provided for in Article L217-12 of the Consumer Code. The Customer is exempted from providing proof of the existence of the lack of conformity during the twenty-four (24) months following the delivery of the goods.

The guarantee against hidden defects allows the Customer to obtain a refund or a price reduction within two (2) years from the discovery of the defect.

These guarantees apply independently of any commercial guarantee that may be granted.

Article 12 — Authenticity and Certification

JOHYA guarantees the natural authenticity of the stones sold, in accordance with the descriptions on the product sheet. This guarantee does not exclude the existence of treatments, which are subject to transparent disclosure (see Article 4 and Authenticity Policy).

When a gemological certificate is provided, it is issued by an independent laboratory identified on the certificate itself. JOHYA is not the issuer of the certificate and cannot be held responsible for an analysis error attributable to the laboratory.

Article 13 — AML/CFT Obligations

As a professional in precious stone trading, JOHYA is subject to anti-money laundering and combating the financing of terrorism obligations provided for in Articles L561-1 et seq. of the Monetary and Financial Code.

As such, JOHYA may be required to:

  • Request a copy of a valid identification document
  • Request proof of address
  • Request proof of source of funds for significant transactions
  • Refuse or suspend a transaction in case of inability to verify or suspicion

Thresholds and procedures are determined in accordance with applicable regulations and the company's internal AML/CFT procedure.

Article 14 — Liability

JOHYA cannot be held liable for any indirect damage resulting from the order or use of the products, nor for damages resulting from a case of force majeure as defined in Article 1218 of the Civil Code.

JOHYA's liability is in any case limited to the amount of the order concerned.

Article 15 — Personal Data

Personal data collected in the context of orders is processed in accordance with the Privacy Policy accessible on the website, in compliance with Regulation (EU) 2016/679 (GDPR) and amended Law n°78-17 of January 6, 1978.

Article 16 — Mediation and Dispute Resolution

In the event of a dispute relating to the execution of an order, the Customer is invited to first contact JOHYA's customer service at administratif@johya.com to seek an amicable solution.

Failing this, the consumer Customer may freely use the consumer mediator mentioned in the Legal Notice, or the European Online Dispute Resolution platform accessible at https://ec.europa.eu/consumers/odr/

Article 17 — Applicable Law and Competent Jurisdiction

These GTS are subject to French law. In the event of a dispute and after failure of any attempt at amicable resolution, French courts will have sole jurisdiction, subject to the mandatory rules applicable to consumers.

Appendix — Standard Withdrawal Form

To be completed and returned only in case of exercising the right of withdrawal.

To JOHYA, 44 rue Rennequin, 75017 Paris — administratif@johya.com

I / We (*) hereby notify you of my / our (*) withdrawal from the contract for the sale of the following good (*):

Product description: ______________________________________________
Ordered on (*) / received on (*): ______________________________________
Order number: ______________________________________________
Name of consumer(s): ______________________________________
Address of consumer(s): ___________________________________
Signature of consumer(s) (only in case of paper notification):
Date: ______________________________________________________

(*) Delete as appropriate.