These General Terms and Conditions of Sale (“GTCS”) govern sales made on the website https://toothgemsworld.com (the “Site”). Validating an order implies full and unconditional acceptance of these GTCS by ticking the box “Read and accepted the General Terms and Conditions of Sale”.
Language – Prevailing version
These GTCS are drafted in French. In the event of a translation, only the French version shall prevail in case of any conflict, translation error, or difference in interpretation.
Tooth Gems World is a brand operated by J & K Entreprise, a French limited liability company (SARL) with share capital of €1,000, registered with the Paris Trade and Companies Register under number 952 621 456.
Registered office: 60 rue François Ier, 75008 Paris, France
SIREN: 952621456 – VAT number: FR37952621456
Contact: contact@toothgemsworld.fr
Brand
Tooth Gems World is a brand commercially operated in multiple territories. Protections, usages and availability may vary by country.
Seller ≠ manufacturer
Unless otherwise stated on the product page, Tooth Gems World acts as a seller/distributor. Products are manufactured by third-party manufacturers. The customer undertakes to comply with the manufacturer’s IFU, leaflets and recommendations.
2.1. Access restricted to professionals
Access to and use of the Site are reserved for Professional Customers acting within the scope of their commercial, industrial, craft, or liberal/professional activity. By placing an order, the customer declares and warrants that they act as a professional and purchase exclusively for the needs of their activity. The customer confirms that the purchase is made solely for their professional activity and not for personal or domestic use.
Products offered outside the DIY Range are intended for trained professionals. The customer must ensure they have the necessary skills, authorisations and training, and uses the products under their sole responsibility.
Any customer whose order is not exclusively composed of products from the DIY Range is deemed to be acting as a Professional Customer under these GTCS.
2.1 bis. Status declaration – Enforceability
By validating an order on a Site reserved for professionals, the customer declares that they act as a Professional Customer under these GTCS (commercial, industrial, craft, or liberal/professional activity) and purchase exclusively for the needs of that activity. Except where an order is composed exclusively of products from the DIY Range, the customer is deemed professional and may not, after the order, claim consumer status in order to obtain the application of consumer-specific rules, in particular where their declarations, their use, their billing information or the nature of the products ordered demonstrate a professional-use purchase.
2.2. Exception – Individual customers
The “individual customer” exception applies only where the order contains exclusively products from the collection “DIY TOOTH GEM KITS” (the “DIY Range”).
2.3. Mixing DIY + other products
If an order contains DIY products and non-DIY products, the customer is reclassified as a Professional Customer and falls under the “professional” regime.
Tooth Gems World reserves the right to verify the information provided by the customer at any time and to refuse any order that does not meet these criteria.
The essential characteristics of the products (description, contents, use, precautions, compatibility, storage conditions, etc.) are available on the product pages. Visuals are non-contractual (rendering/colour may vary depending on screens).
3.1. Aesthetic products and regulated products
Products sold on the Site may include:
The customer acknowledges that product selection, protocol, use, implementation and results are under their sole responsibility, in compliance with the regulations applicable in their country/area of practice and in accordance with the instructions shown on the product page.
3.2. Seller’s role – Distributor / non-manufacturer
Depending on the references, Tooth Gems World acts as a distributor and/or reseller of products supplied by third-party manufacturers. Unless expressly stated otherwise on the product page, Tooth Gems World is not the manufacturer of the products sold.
Technical information, leaflets, usage instructions (IFU), precautions, storage conditions and compliance data (including, where applicable, CE marking and documentation) are established under the manufacturer’s responsibility. Tooth Gems World makes available, where applicable, the elements provided by the manufacturer via the product page and/or upon request.
The customer remains solely responsible for product selection, compliance with IFU, the manufacturer’s protocol, implementation conditions, and the compliance of their use with the regulations applicable in their country/area of practice.
3.3. Compliance with IFU / manufacturer’s protocol
The customer undertakes to use each product in accordance with the IFU, leaflets, technical sheets, labelling and manufacturer recommendations, as well as applicable best practices. In case of any conflict between a use intended by the customer and the IFU, the IFU shall prevail.
3.4. Specific professional documents
Professional customers are invited to contact us before placing any order if they require specific documents relating to the products in the context of their professional activity, including safety data sheets, technical sheets, traceability information, conformity documents or any other document required for their own professional use.
It is the responsibility of the professional customer to verify, before finalising the order, that the available documents, product characteristics and information indicated on the product pages correspond to their needs, protocol, professional obligations and the regulations applicable to their use.
The absence of transmission of a specific additional document after the order has been placed shall not, in itself, constitute grounds for cancellation, return or refund, provided that the products delivered comply with the order and with the information indicated on the product pages.
Prices displayed on the Site are shown in the currency offered at the time of purchase. They may be changed at any time without affecting orders already validated.
Local VAT: by default, the VAT applied corresponds to the VAT of the destination country where the Site collects it. Intra-Community VAT exemption: if the customer provides a valid VAT number at the time of payment, an exemption may apply in accordance with regulations.
VAT provided after payment: if the customer submits their VAT number after payment, no VAT refund/adjustment will be made. The customer must enter their information at the time of order.
Important: the absence of a valid intra-Community VAT number at the time of the order (and the fact that VAT is charged) does not result in the customer being reclassified as a consumer/private individual under these Terms and Conditions. This only affects the tax treatment of the order (VAT).
Shipments outside the EU: customs duties, taxes or local charges may be requested by the authorities of the destination country. These charges are solely borne by the customer and are not included in the product price or shipping fees and are not reimbursed by the seller.
The order becomes final after payment validation and confirmation. Orders are processed in real time by logistics. As a result, it is not possible to modify, cancel or add products once the order is confirmed.
Any correction request (address, information) must be made within 30 minutes after payment and cannot be guaranteed.
Available payment methods are those displayed on the Site at the time of order (bank card, PayPal, bank transfer, instalment payment solutions, etc.). Payments are processed via secure providers. Depending on your bank/payment method, authentication (3D Secure, biometrics, one-time code, etc.) may be required.
7.1. Carriers
Shipments are mainly made via UPS, Chronopost, Colissimo and DHL (depending on destination and selected option).
7.2. Incoterm and import charges
Shipments outside the European Union and/or the Schengen Area are carried out under the DAP Incoterm. As such, any customs duties, local taxes, fees, formalities, authorizations, licenses or import documents required by the authorities of the destination country remain the sole responsibility of the customer/importer.
Any parcel blocked, refused, returned or not delivered due to a refusal, non-payment of import charges, incomplete formalities, or missing authorization, license or import document not provided by the customer shall not be eligible for a refund.
7.3. Delivery times
Delivery times are provided as an indication from the dispatch date and may vary (customs, inspections, congestion, events beyond our control). No delivery time is guaranteed and no refund of shipping costs will be granted in case of delay.
Shipment tracking – Customer diligence
After dispatch, a tracking link is provided to the customer (by email and/or via their account). The customer agrees to check the tracking regularly in order to review any information from the carrier (delivery attempt, parcel made available at a pickup point, request for additional information, etc.) and to act within the time limits indicated by the carrier (in particular when the parcel is made available at a pickup point).
This reminder applies without prejudice to any mandatory rules applicable to consumers when the order is composed exclusively of products from the DIY Range.
7.4. Transfer of risk
Professional Customers: risks (loss, theft, damage) are transferred to the customer upon handover of the products to the carrier.
Individual customers (DIY-only order): risks are transferred upon actual delivery of the products to the customer (or designated third party), subject to any mandatory applicable provisions.
7.5. Delivery – Inspection and reservations
Upon delivery, the customer must inspect the parcel and its contents. In case of anomaly (damaged parcel, opened parcel, missing items, etc.), the customer must: (i) submit precise and complete reservations to the carrier in accordance with the applicable procedure, (ii) keep any useful evidence (photos, labels, packaging), (iii) and contact us within the claim deadlines set out in Section 8.
Important: failure to submit reservations may limit or delay the handling of a shipping claim, in particular for Professional Customers. For individual customers (DIY-only order), this applies subject to mandatory legal consumer rights.
7.6. Replacement shipment: one attempt only
A replacement shipment will be made only once to the shipping address provided in the order. If the replacement is not collected by the customer, the customer loses their right to a new shipment and/or refund.
The Shipping Policy supplements and clarifies these Terms and Conditions with regard to shipping and delivery, including in particular shipping fees, delivery times, delivery areas, tracking, parcel shop availability, failure to collect, and carrier returns, and the customer is invited to refer to it before placing any order: please refer to our Shipping Policy.
8.1. Not received order: maximum claim period
For any order not received, the claim must be submitted no later than 1 month after the dispatch date / indicated delivery time. After this period, the claim cannot be considered, in particular due to carrier deadlines.
8.2. Incomplete order: reporting deadline
Any claim for an incomplete order must be reported within 48 hours after delivery.
8.3. Carrier file / investigation
In the event of a shipping dispute (loss, theft, damage, non-delivery), the customer undertakes to provide all requested elements (statement, photos, police report, etc.). Any refund/replacement related to a shipping dispute will be made only after the carrier investigation is opened and closed and after review of the file, based on information provided by the carrier and by the customer.
Any return request must be sent by email to contact@toothgemsworld.fr. Products must be unused, in their original condition and in their original packaging, subject to any mandatory provisions applicable to consumers (DIY).
Where the customer qualifies as an individual (DIY-only order), they have, where required by law, a 14-day period to exercise their right of withdrawal, subject to legal exceptions (including sealed hygiene products once opened, digital content after performance, etc.).
Consumer law provisions do not apply to professionals. However, as a commercial gesture, Tooth Gems World may accept a return within 14 days, subject to the exclusions below and the conditions of the Refund Policy.
For hygiene, safety and/or product nature reasons, certain items cannot be returned. In particular, the following are non-returnable/non-refundable:
Shipping costs actually borne by Tooth Gems World for dispatch and, where applicable, return, are non-refundable and may be deducted from any refund, including where such costs exceed the shipping fees charged to the customer.
For full details (procedure, deadlines, exclusions, terms): please refer to our Refund Policy.
The statutory warranties below apply only where the customer qualifies as an individual (DIY-only order), in accordance with mandatory applicable provisions.
10.1. Legal warranty of conformity
The customer benefits from the legal warranty of conformity for the goods sold, under the conditions provided by applicable regulations. In the event of a lack of conformity, the customer may request that the goods be brought into conformity (repair or replacement, subject to applicable conditions), or, failing that, a price reduction or termination of the sale.
10.2. Hidden defects warranty
The customer may also rely on the warranty against hidden defects under the conditions provided by law, where the defect makes the product unfit for its intended use or significantly reduces such use.
10.3. How to claim
For any claim under a statutory warranty, the customer must contact Tooth Gems World at contact@toothgemsworld.fr and provide proof of purchase, a description of the issue and, where possible, photos. Eligibility and the proposed remedy are determined after review of the file, in accordance with applicable legal rules.
10.4. Reminder
Statutory warranties apply independently of any commercial warranty. They apply within the conditions and limits provided by law (in particular depending on the nature of the product, its use and the circumstances of the defect).
Trainings and digital products offered on the Tooth Gems World Site are provided via online access and/or downloadable content. Trainings constitute solely a sharing of know-how.
Access is generally unlimited (“lifetime”), except in the event of exceptional platform closure or force majeure. Where provided for on the product page, a certificate may be issued: it is sent manually (generally within about one week) according to the terms indicated on the product page.
Our trainings and certificates are not certified by the government or any other authority. They do not in themselves allow the customer to start a professional activity. The customer must carry out all necessary administrative steps with the competent bodies in their country/area of practice.
Non-refundable: digital products and trainings are non-refundable after purchase (and, where applicable, after access has been provided), in accordance with the Refund Policy.
12.1. General principles
Unless mandatory law provides otherwise, products and services are provided “as is” and “subject to availability”. Tooth Gems World does not guarantee the absence of interruptions, delays or errors related to the Site or digital services.
Unless mandatory law provides otherwise, Tooth Gems World shall not be liable for damages resulting from use that does not comply with IFU/manufacturer protocols, improper implementation, or any protocol applied by the customer.
12.2. Professional customers (outside DIY)
The Professional Customer acknowledges that they use products, services, content and trainings under their sole responsibility. The Professional Customer is solely responsible for: (i) their protocol, (ii) the acts performed, (iii) hygiene and safety conditions, (iv) product compatibility and suitability for their use, (v) compliance with manufacturer IFU and recommendations, and (vi) compliance with applicable rules and obligations in their country/area of practice.
12.3. Insurance obligation (Professional Customer)
The Professional Customer undertakes to hold appropriate professional liability insurance for their activity, covering in particular acts, procedures, protocols, services and associated risks. Tooth Gems World provides no commercial warranty on products. Professional equipment must be insured by the Professional Customer with their own insurer.
12.4. Individual customers (DIY-only order)
DIY products are intended for personal aesthetic use. The customer undertakes to strictly follow the instructions and safety recommendations on the product pages. Tooth Gems World shall not be liable for damage resulting from non-compliant use, mishandling, misuse, or failure to follow precautions. This clause applies subject to mandatory statutory warranties set out in Section 10.
12.5. Results – Hold – Breakage – Non-compliant use
Results, hold and durability of an application (including, without limitation, the hold or breakage of jewelry after application) depend in particular on the protocol, the substrate, the environment, maintenance, and implementation conditions by the customer. Therefore, Tooth Gems World cannot guarantee any result, hold or durability and shall not be liable for hold, breakage after application, or any damage resulting from an unsuitable protocol, failure to comply with IFU, or non-compliant use.
12.6. Indemnification
The customer undertakes to indemnify and hold harmless Tooth Gems World, its officers, employees and partners against any claim, demand, damage, loss, cost or expense (including reasonable attorneys’ fees) resulting from: (i) non-compliant use of products, (ii) failure to comply with IFU, (iii) any protocol or act performed by the customer, (iv) breach of these GTCS, or (v) breach of the customer’s legal/regulatory obligations.
12.7. Limitation of liability
Tooth Gems World shall not be liable for indirect, immaterial or consequential damages (loss of business, loss of revenue, loss of data, etc.). Where liability is established, it is limited to the total amount of the relevant order, unless prohibited by law. Nothing in these GTCS limits rights that cannot be excluded by applicable law, in particular in case of bodily injury directly caused by a proven product defect.
Tooth Gems World retains ownership of the products sold until full payment of the price (principal, fees and taxes) has been received. In the event of non-payment, Tooth Gems World may reclaim the products at the customer’s expense, without prejudice to any other action.
All content on the Site (texts, visuals, logos, documents, videos, trainings, etc.) is protected. Any reproduction, distribution, use or dissemination, in whole or in part, is prohibited without prior written authorisation.
Personal data is processed in accordance with the Privacy Policy available on the Site.
Tooth Gems World shall not be liable for any delay, non-performance or interruption due to a force majeure event (including, without limitation: natural disaster, fire, strike, pandemic, network outage, carrier unavailability, administrative decision, customs blockage, war, riot, etc.). Affected obligations are suspended for the duration of the event.
These GTCS are governed by French law. Any dispute falls within the jurisdiction of the competent courts of Paris, subject to mandatory rules applicable to consumers where the order is exclusively DIY.
