Terms and Conditions of Sale

General Terms and Conditions of Sale

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

Article 1 — Purpose and Scope

These General Terms and Conditions of Sale (hereinafter “GTC”) govern all contractual relationships between JOHYA, the seller, and any individual or legal entity—whether a consumer or a business—making a purchase on the johya.com website (hereinafter “the Customer”).

Any order placed on the johya.com website implies the Customer’s full and unconditional acceptance of these Terms and Conditions, and the Customer acknowledges having read them in advance.

Article 2 — Seller Identification

JOHYA, a simplified joint-stock company (SAS) with a capital of 2,000 euros, with its principal place of business at 44 rue Rennequin, 75017 Paris, registered with the Paris Trade and Companies Register [to be completed], represented by its President, Mr. Vincent Renault.

Email: administratif@johya.com

Article 3 — Products

The products offered for sale are gemstones, primarily Colombian emeralds, sold individually or in lots, mounted or unmounted.

Each product has a description sheet that specifies:

  • Carat weight (1 carat = 0.200 grams)
  • Approximate dimensions
  • Color and Saturation
  • The level of clarity
  • Geographic origin (when it can be verified)
  • The type and intensity of any treatment (see Article 4)
  • Whether a gemological certificate is available, if applicable

The photographs of the stones are taken under technical conditions that ensure the best possible representation, but may show slight variations in color or appearance compared to the actual product due to the settings on the Customer’s screen. JOHYA shall not be held liable for these variations.

Article 4 — Disclosure of Processing Activities

In accordance with Decree No. 2002-65 of January 14, 2002, regarding the trade in gemstones and pearls, and the rules established by the CIBJO (International Confederation of Jewelers, Goldsmiths, and Silversmiths), JOHYA is committed to transparently disclosing all treatments applied to the stones offered for sale.

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

  • None (no oil / untreated)
  • Insignificant
  • Minor (minor / F1)
  • Moderate (F2)
  • Significant (significant / F3)

This information is always included on the product description and, if applicable, on the gemological certificate that accompanies the stone.

Article 5 — Price

Prices are listed in euros (EUR), including all taxes (TTC), for deliveries to mainland France and the European Union, excluding shipping costs.

For shipments outside the European Union, prices do not include French VAT. Any customs duties, local taxes, and customs clearance fees upon arrival are the sole responsibility of the recipient.

JOHYA reserves the right to change its prices at any time, provided that the price applicable to an order is the price displayed at the time the order is confirmed.

Article 6 — Order

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

  • Selecting items in the shopping cart
  • Entering Shipping and Billing Information
  • Express Acceptance of These Terms and Conditions
  • Actual payment for the order

An order confirmation email is sent to the Customer at the email address provided when the order was placed. This email summarizes the products ordered, the total amount, and the delivery terms.

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

  • Pre-existing Dispute with the Client
  • Suspected fraud or failure to pay
  • 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 ordering using the methods offered on the website (credit card and any other payment method listed on the payment page).

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

For high-value orders, JOHYA may request additional documentation verifying the customer’s identity and the source of funds in accordance with its AML/CFT obligations (see Article 13). The order will not be shipped until these documents have been received and verified.

Article 8 — Delivery

Delivery terms (service areas, delivery times, carriers, and fees) are detailed in the Delivery Policy available on the website.

Gemstones are shipped via insured delivery and require a signature upon delivery. The Customer agrees to be available at the contact information provided and to sign the delivery receipt.

If the Customer is not present at the time of the first delivery attempt, the Customer must follow the carrier’s instructions to schedule a new delivery or pick up the package. Any return to the sender due to failure to pick up the package within the legal time limit will result in additional reshipment fees, which will be the Customer’s responsibility.

Article 9 — Acceptance and Verification

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

  • Listed on the carrier's delivery slip
  • Reported to JOHYA via email at administratif@johya.com within 48 hours of receipt, with supporting photographs

Article 10 — Right of Withdrawal

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

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

The product must be returned in its original condition, along with all accessories (certificate, case, invoice), no later than fourteen (14) days after notification of the cancellation. The Customer is responsible for the return shipping costs, which must be sent via insured and signed delivery.

JOHYA will refund the full amount paid by the Customer, including the initial shipping costs, within fourteen (14) days of receiving the returned product or proof of shipment from the Customer, whichever comes first. The refund will be issued via the same payment method 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 that are clearly personalized (custom-made rings, personalized engravings, etc.). This exclusion is noted on the relevant product page.

Article 11 — Warranties

Products sold by JOHYA are covered by the statutory warranties provided for in Articles L217-3 et seq. of the Consumer Code (statutory warranty of conformity) and in Articles 1641 et seq. of the Civil Code (warranty against hidden defects).

The statutory warranty of conformity applies for a period of two (2) years from the date of delivery of the goods. The Customer may choose between repair or replacement of the product, subject to the cost conditions set forth in Article L217-12 of the Consumer Code. The Customer is not required to provide proof of the existence of the lack of conformity during the twenty-four (24) months following delivery of the goods.

The warranty against hidden defects entitles the Customer to a refund or a price reduction within two (2) years of discovering the defect.

These warranties apply regardless of any commercial warranties that may have been granted.

Article 12 — Authenticity and Certification

JOHYA guarantees the natural authenticity of the stones it sells, in accordance with the descriptions provided in the product listings. This guarantee does not preclude the possibility of treatments, which are disclosed transparently (see Article 4 and the 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 liable for any analytical errors attributable to the laboratory.

Article 13 — AML/CFT Obligations

As a professional in the gemstone trade, JOHYA is subject to the anti-money laundering and counter-terrorism financing obligations set forth 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 ID
  • Request proof of residence
  • Request proof of the source of funds for large transactions
  • Refuse or suspend a transaction if verification is not possible or if there is suspicion

The thresholds and procedures are determined in accordance with applicable regulations and the company’s internal AML/CFT procedures.

Article 14 — Liability

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

In any event, JOHYA's liability is limited to the amount of the order in question.

Article 15 — Personal Data

Personal data collected in connection with orders is processed in accordance with the Privacy Policy available on the website, in compliance with Regulation (EU) 2016/679 (GDPR) and Law No. 78-17 of January 6, 1978, as amended.

Article 16 — Mediation and Dispute Resolution

In the event of a dispute regarding the fulfillment of an order, the Customer is asked to first contact JOHYA’s customer service department at administratif@johya.com to seek an amicable resolution.

Failing that, the consumer may contact, free of charge, the consumer ombudsman listed in the Legal Notice, or use the European Online Dispute Resolution platform available at https://ec.europa.eu/consumers/odr/

Article 17 — Governing Law and Jurisdiction

These Terms and Conditions are governed by French law. In the event of a dispute, and if all attempts at an amicable resolution have failed, the French courts shall have exclusive jurisdiction, subject to the mandatory rules applicable to consumers.

Appendix — Standard Withdrawal Form

To be completed and returned only if you are exercising your right of withdrawal.

Attn: 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 item (*) listed below:

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

(*) Delete as appropriate.