Terms and conditions of use
Effective as of 10/30/2023
The purpose of these general conditions of use (the ” GCU “) is to provide a legal framework for the terms and conditions under which OPAL SYMPHONY makes the Site and its services available and to define the conditions of access and use of the services by the ” User “.
These GCU are available on the site under the heading ” GCU “.
ARTICLE 1: DEFINITIONS
Dimensional measurements
Dimensional measurements are made using a precision non-digital caliper, and are expressed in millimeters.
Weights are measured in carats, rounded down to the nearest tenth favorable to the buyer according to the rules of rounding, measured on a JS-VG precision balance (100ct x 0.01ct) and calculated in grams from this measurement for shipping purposes.
The results of these measurements are as descriptive and precise as possible, but are not contractually binding, as the free or semi-geometric shapes of natural stones do not allow for precise three-dimensional measurements.
Definitions :
-Length=largest dimension measured, expressed in millimeters (mm)
-width=second largest dimension measured in mm
-height or thickness=third dimension of the stone in relation to length and width, maximum thickness measured in mm
Shooting conditions
Photography and filming are carried out in a studio, using 5500 K natural light and a cold front LED on a black or white background, depending on the type of opal. The stones are dry when photographed.
The aim of the photographs is to give the best possible idea of the dimensional and colorimetric characteristics of the opals, the “stone in hand” effect; as these characteristics vary greatly depending on the light source and its orientation in relation to the stone, these images are not contractual, they have been produced and made available to help you make a decision before purchase and do not engage the responsibility of the seller.
Origin of the stones
All our opals are natural, cut to get the best aesthetic benefit from their opalization without any chemical treatment, so each stone is unique.
Stone analysis certificate
It is not customary in the natural opal trade to provide an analysis report, but gemmological analysis by a qualified independent laboratory (LFG-Paris) is possible on request and at the buyer’s full expense, paid in advance by the buyer in accordance with the conditions laid down by the LFG.
For more information: https://www.laboratoire-francais-gemmologie.fr/.
Please contact us for a quotation.
ARTICLE 2: Site access
The https://opalsymphony.com website provides the User with free access to the following services:
Sale of cut and polished opals
The site is accessible free of charge anywhere to any User with Internet access. All costs incurred by the User in accessing the service (hardware, software, Internet connection, etc.) are at the User’s expense.
ARTICLE 3: Data collection
The site ensures that the User’s personal information is collected and processed with respect for privacy in accordance with the French Data Protection Act n°78-17 of January 6, 1978 (see RGPD). The personal data collected is used only to process orders and for possible commercial information on our part (if you have given us your consent for this use) and is not passed on to any third party; we only sell opals!
In accordance with the French Data Protection Act of January 6, 1978, Users have the right to access, rectify, delete and oppose their personal data. The User exercises this right :
- by e-mail to contact@opalsymphony.com
- via a contact form ;
- via your personal space ;
ARTICLE 4: DELIVERIES
In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be charged to the customer and are his sole responsibility.
The seller organizes the shipment and provides the customs documents so that the customer can pay customs duties at destination.
Opalsymphony has a BTI (Binding Tariff Regulation) valid until 26/10/2026, number FR-BTI-2023-06176.
The BTI number must be indicated during customs clearance, in box 44 of the declaration, with the code “C626” in accordance with Article 33.2 of Regulation (EU) No 952/2013 of the European Parliament and of the Council of October 9, 2013 establishing the European Union Customs Code.
EORI (outside UK): FR 953 252 343 00017
Harmonized HS code: 71039900
Preferential origin: EU
Sales within the European Union :
The European Union is a free-trade zone with no customs duties and no customs declarations.
For all destinations, the choice of carrier is colissimo home with signature.
Deliveries are made to the address given by the Customer at the time of ordering, and to which the carrier has easy access.
Delivery times
Delivery times depend on the carrier’s conditions at the address indicated by the Customer when ordering on the site.
Delivery consists of the transfer to the Customer of physical possession and control of the Product. Except in special cases or when one or more Products are unavailable, all Products ordered will be delivered at once.
The Vendor undertakes to use its best efforts to deliver the products ordered by the Customer within the time limits specified below.
Indicative average delivery time for colissimo home delivery in mainland France: 48 hours on average, D+3 for continental Europe and D+5 for the rest of the world to the main economic centers.
These times are in working days, depending on the destination, and exclude time spent in customs.
Certain very busy delivery periods, such as Christmas for example, are likely to generate delivery delays beyond our control.
Generally speaking, if you have a delivery problem, please contact us so that we can help you as best we can (in this case, remind us of your order references).
Short periods of delivery stoppages may also be necessary for the operation of Opal Symphony; these will be clearly indicated on the store page so that the purchaser is informed prior to purchase. Sales will not be blocked during these periods, only deliveries will be delayed.
Your opal still hasn’t arrived and delivery times have passed: Contact us!
If our efforts to find your opal are unsuccessful, the law provides that if the products ordered have not been delivered within 15 days of the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the sale may be cancelled at the written request of the Customer under the conditions set out in articles L 216-2, L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days of the date of termination of the contract, to the exclusion of any compensation or deduction.
Deliveries are made by Colissimo, to the address given by the Customer at the time of ordering and to which the carrier has easy access.
Risks
Breaking :
The Customer acknowledges that delivery is the responsibility of the carrier and that he has no recourse against the Seller in the event of non-delivery of the goods transported (no insurance against breakage).
We take great care of our stones, right down to their packaging, which we design to be as protective as possible so that they travel in the safest possible conditions.
We also take great care of our customers, and if unfortunately your opal arrives at its destination broken and the tamper-evident seal on its box (a box with a transparent lid) is not broken, we will reimburse you upon receipt of the returned purchase.
If you’re having trouble: contact us! Send us photos and explanations, and we’ll help you.
Loss of package in transit :
Nevertheless, Opal Symphony is insured against the risk of loss in transit. In the event that your opal is lost during delivery and colissimo is unable to locate the parcel and declares it lost, Opal Smphony undertakes to reimburse the customer in full.
We cannot guarantee delivery times, which is the responsibility of the carrier and the customer if the address is originally incorrect on the customer account.
Claims :
The customer must check the condition of the products delivered. The customer has a maximum of 7 days from the date of delivery to make any complaints by e-mail or post, accompanied by all relevant supporting documents (notably photos).
Once this period has elapsed and if these formalities have not been complied with, the Products will be deemed to be in conformity and no claim will be validly accepted by the Vendor.
The transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products. Products therefore travel at the Seller’s risk. In this respect, the risks are transferred at the time the goods are handed over to the customer.
Returns must be made in their original, complete condition (packaging, accessories, tamper-evident seal intact) to enable them to be remarketed as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete products cannot be returned.
The customer is responsible for return shipping costs.
Reimbursement will be made within 14 days of receipt by the Vendor of the Products returned by the Customer in accordance with the conditions set out in this article.
Organization of returns: contact us using the contact form
Security and confidentiality
The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information over the Internet.
Implementing customer and user rights
Pursuant to the regulations applicable to personal data, Customers and users of the opalsymphony.com website have the following rights:
- They can update or delete their personal data as follows: directly on their customer account or by simple request to contact@opalsymphony.com.
- They may delete their account by writing to the e-mail address indicated in article 9.3 “Data controller”: contact@opalsymphony.com
- They may exercise their right of access to their personal data by writing to the address indicated in article 9.3 “Data controller” contact@opalsymphony.com.
- If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in article 9.3 “Data controller” contact@opalsymphony.com.
- They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in article 9.3 “Data controller” contact@opalsymphony.com.
- Finally, they may object to the processing of their data by the Vendor.
These rights, provided they do not conflict with the purpose of the processing, may be exercised by sending a request by post or e-mail to the Data Controller whose contact details are given above.
The data controller must respond within one month.
Any refusal to grant the Customer’s request must be justified.
Customers are informed that in the event of refusal, they may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer will be asked to tick a box indicating whether or not he/she agrees to receive informative and advertising e-mails from the Vendor. You may withdraw your consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 5: Intellectual property
Trademarks, logos, signs and all site content (text, images, sound, etc.) are protected by the French Intellectual Property Code and, more specifically, by copyright.
The User must request prior authorization from the site for any reproduction, publication or copy of the various contents. The user agrees to use the contents of the site for strictly private purposes, and any use for commercial or advertising purposes is strictly forbidden.
Any total or partial representation of this site by any means whatsoever without the express authorization of the website operator constitutes an infringement punishable by article L 335-2 et seq. of the French Intellectual Property Code.
In accordance with article L122-5 of the French Intellectual Property Code, Users who reproduce, copy or publish protected content must cite the author and source.
ARTICLE 6: Liability
The sources of the information published on https://opalsymphony.com are deemed reliable, but the site does not guarantee that it is free from defects, errors or omissions.
The information provided is for information purposes only and is generally not contractually binding. Despite regular updates, the https://opalsymphony.com website cannot be held responsible for changes to administrative and legal provisions occurring after publication. Similarly, the site cannot be held responsible for the use and interpretation of the information contained in this site.
The https://opalsymphony.com site cannot be held responsible for any viruses that may infect the computer or any other hardware of the Internet user, following use, access or downloading from this site.
The site cannot be held liable in the event of force majeure or the unforeseeable and insurmountable act of a third party.
ARTICLE 7: Hypertext links
Hypertext links may be present on the site. Users are informed that by clicking on these links, they will leave the https://opalsymphony.com website. The latter has no control over the web pages to which these links lead and cannot, under any circumstances, be held responsible for their content.
ARTICLE 8: Cookies
The User is informed that when visiting the site, a cookie may be automatically installed on his/her browser.
Cookies are small files stored temporarily on the hard disk of the User’s computer by your browser and which are necessary for the use of the https://opalsymphony.com website. Cookies do not contain any personal information and cannot be used to identify anyone. A cookie contains a unique identifier, randomly generated and therefore anonymous. Some cookies expire at the end of the User’s visit, while others remain.
The information contained in cookies is used to improve the https://opalsymphony.com website.
By browsing the site, the User accepts them.
The User may deactivate these cookies using the settings in his browser software.
ARTICLE 9: Applicable law and jurisdiction
French law applies to this contract. In the event of failure to resolve a dispute between the parties amicably, the French courts shall have sole jurisdiction.
For any question relating to the application of these GTU, you can contact the publisher at the address and phone number listed in ARTICLE 1.