The website www.komansky.com (hereinafter referred to as the “Website“) allows internet users (hereinafter referred to as “Members“) to purchase Emerald (hereinafter together: the “Product“), for professional purposes, for the purpose of investment or building a collection and also to benefit from a delivery service and secure deposit of their product in safe.
These terms and conditions are intended to define the terms and conditions of use of the services offered on the Site (hereinafter: the “Services“), as well as define the rights and obligations of the parties in this context.
They are accessible and printable at any time by a direct link at the bottom of the Site.
They may be supplemented, where appropriate, by conditions of use specific to certain services, which supplement these general conditions and, in the event of contradiction, prevail over the latter.
The Site and the Services are operated by KOMANSKY.COM,
The Company can be contacted at the following coordinates:
Komansky : 43 West 47th Street, New York tel : 1-646-809-702-3
Komansky : Rhone 13, Geneva, Switzerland
The Site and the Services are accessible to any natural or legal person with full legal capacity to engage under these terms and conditions.
The accession of a user to the status of Member includes the acknowledgment and acceptance of these terms and conditions.
This knowledge and acceptance can only be full and complete. Any membership subject to reservation is considered null and void. Members who do not agree to be bound by these terms and conditions shall not access the Site or use the Services.
The simple navigation on the Site is free and does not require registration.
To make a first purchase, provided by Article 6.2, and more generally, to use the Services, the Member must register on the Site, by completing the form provided for this purpose.
As such, the Member must prove his identity and provide all information and documents marked as mandatory in the registration form.
Incomplete registration will not be validated.
The registration automatically entails the opening of an account in the name of the Member (hereinafter: the “Account“), giving him access to a personal space (hereinafter: the “Personal Space“) which allows him to manage its use of the Services.
The Member warrants that all information given in the registration form is accurate, up-to-date and truthful and is not misleading.
He undertakes to update this information in his Personal Space in case of modification, so that they always correspond to the aforementioned criteria.
The Member is informed and agrees that the information entered for the purpose of creating or updating his Account is proof of his identity. The information entered by the Member commits it as soon as it is validated.
The Member can access at any time his Personal Area after identifying himself with his public nickname, login and password.
The Member undertakes to use the Services personally and not to allow any third party to use them in his place or on his behalf, except to bear full responsibility for them.
He is also responsible for maintaining the confidentiality of his username and password. He must immediately contact the Company at the coordinates mentioned in article 2 hereof if he notices that his Account has been used without his knowledge. It acknowledges the right of the Company to take all appropriate measures in such a case.
Any transaction made from the Personal Space is deemed to be made indisputably and irrevocably by the Member.
The Company offers the possibility to buy cut and certified emeralds.
Emeralds are kept in sealed cases by the last certifying laboratory and are individually referenced. Their international reference issued by the certifying laboratory is listed in the Komansky system. A copy of the certificate of each emerald is available on the site in the information sheet. A link to the certificate on the certification lab site allows members to verify that the emeralds kept in chests match the certificates provided.
To maintain maximum resale value, emeralds never came out of their individual case.
All Komansky emeralds are guaranteed not to come from any conflict zone and not to contribute to the financing of any armed organization. The combination of the Kcut with the laser engraved number on the leaflet accompanied by the certificate, offers a perfect traceability of each emerald.
The Member has access to the following Services, in a form and according to the functionalities and technical means that the Company deems most appropriate.
All Products on the Site are offered for sale by the Company.
All sales to individuals are governed by Projectsfunder limited 71-75 Shelton street London.
To place a purchase order, the customer’s profile must be 100% complete (ID, proof of address, RIB and account validated by our commercial services).
The Member must select the desired Products so that they appear in his shopping cart (hereinafter: the “Shopping Cart“).
The Shopping Cart is automatically updated in real time according to the selected Products to indicate the total price of the order (hereinafter: the “Purchase Price“).
After checking the contents of the Shopping Basket and the Purchase Price, the Member validates the Shopping Basket, which allows him to proceed to the payment.
In the absence of validation of the Shopping Basket within 30 (thirty) minutes from the selection of the Products, it will be canceled and the Member will not be able to validate it in order to proceed to the payment.
To purchase, the member must place a purchase order by determining the price and the desired quantity of products.
The Sales Team is reachable on the days and times indicated on the Site.
Unless otherwise notified during the call by the Member, telephone conversations between the Member and the Sales Team shall be recorded by the Company for the purpose of improving the quality of the Services.
The payment of the Purchase Price can be made online, by credit card, through the secure online payment service provided by a third party provider, by bank transfer, or by any other means that will be offered on the Site at moment of the Purchase.
The Member warrants to the Company that he has the necessary authorizations to use the method of payment chosen.
Pursuant to Article L121-21-8 of the Consumer Code, the Member is expressly informed and agrees that the prices of the Products are set as defined in Article 6.
Thus, in the context of the Purchase of Products, the Member does not have a right of withdrawal.
As a result, the Member is expressly informed and agrees that any payment of the Purchase Price constitutes a firm and definitive purchase.
It is therefore up to Members to verify the information provided during their order before any validation and payment of the relevant Purchase Price.
The Member is expressly informed and agrees that the Company remains the owner of the Products it has purchased as long as the entire Purchase Price has not been fully cashed by the Company.
In the event of non-payment of all or part of the Purchase Price, the Company will retain the ownership of the unpaid Products.
The Member can consult through his Personal Space the statements of Purchases made on the Site.
The Member acknowledges that the Products purchased on the Site are by default deposited in the exclusive custody of the Company, for the purposes of implementing the Services, which the Member expressly accepts.
Thus, as soon as they are purchased and awaiting sale, these Products are deposited in a safe secured by the Company (hereinafter: the “Safe“).
The Company undertakes to take out any insurance covering its liability for the deposit of the Products, on the minimum basis of their price at the date and time of the loss.
After two years of acquisition, and upon request of the Member, the Company undertakes to offer the Member’s Products for sale.
If, in the first year of the acquisition, the Member was in urgent need of liquidity preventing it from waiting for favorable terms of sale, the Company undertakes to redeem the Seller Member’s emeralds for an amount of 15 % lower than the original purchase price. This clause is accessible only to Members with Products with a total value greater than 20,000 (twenty thousand) euros.
Within a maximum period of five (5) business days following the resale of the Products, the Company will pay to the Member the amount indicated in the Sale Price (hereinafter the “Sale Price“), minus any Costs mentioned in the Article 7.
The Sale Price is paid into a suspense account, which can be consulted by the Member on his Personal Space.
The Member may, at any time, use the sums contained in this suspense account and instruct from his Personal Space to the Company to pay him all or part of the Sale Price by bank transfer to the bank details provided by him. or by any other means, according to the methods indicated on the Site.
The Member may also use the sums contained in this suspense account for the sole purpose of making a Purchase or payment of Fees and, more generally, of paying for the Services offered on the Site.
The Company reserves the right to offer any other Service it deems useful, in a form and according to the functionalities and technical means that it deems most appropriate to render said Services.
The use of the Services entails for the Member the payment of the various fees listed below (hereinafter together: the “Fees“).
The price of the depository service of the Products is mentioned on the Site (hereinafter: the “Costs of Custody“).
The Custody Costs are entirely borne by the Company for a period of one year from the date of acquisition of the Products by the Member.
After the second year, the fees are calculated monthly according to the weight of the Products held in the Safe and are billed to the Member, the 1st week of the current month for the past month. The Member can consult his invoices through his Personal Space.
No later than the 15th day of each month, the Member must pay the Childcare Expenses for the past month.
The payment of the Costs of Custody can be done online, by credit card, through the service of secure online payment and provided by a third party provider, by bank transfer, or by any other means which will be proposed on the Site at the moment payment.
The Member expressly authorizes the Company, by the acceptance of the present general conditions of use, to pay the outstanding and unpaid Custodian Expenses, by means of the product of the sale of the products of the Member in the custody of the Company within the limits of the necessary to this Regulation.
The value used for the sale, which will be used to clear Expired and Unpaid Expenses, will be the quotation price at the time of sale.
The Company shall not make any sale of products in its custody for the purpose of payment of the Custody Costs without having previously and by any means giving certain date to the notification, put in default the Member to have to pay within ten days Unpaid custody fees.
If, within this period of ten days, the Member proceeds to the payment of the Costs of Custody by any means exposed to the article 7.1 of these general conditions, the Company will not make the sale mentioned in the formal notice . If the total amount of the outstanding and unpaid Custody Costs exceeds the value of the products in the custody of the Company, the Company – after formal notice, reserves the right to sell all the products stored for the Member and to close the account of the latter.
These provisions do not preclude those provided for in Article 18 of these general conditions.
The Company reserves the right, at its discretion and in accordance with terms and conditions of which it will be the sole judge, to propose promotional offers.
Members will be informed by any useful means of the date of entry into force of the new amounts 1 month before being put online.
The Member expressly agrees that all the obligations to pay the sums of money arising between himself and the Company, which are not subject to discussion as to their enforceability and amount, shall be compensated between them, by right and without formality, the conditions of legal compensation are met or not.
The Company will communicate to the Member, through its Personal Space, an invoice at the end of each clearing transaction.
In order to receive transfers from the SEPA Outside Banks, Komansky will apply the management fees indicated on the Website, under Tariffs.
Services are underwritten for an indefinite period.
The Member may unsubscribe from the Services at any time, on only one written request for cancellation (email or handwritten letter).
It automatically deletes the Member’s Account.
The Company and the Members can not profit from a gross and gross error relating to the fixing of the price of Purchase or Sale of the Products on the Site.
The Company reserves the right to cancel Purchases or Sales for Products whose Purchase or Sale Price is affected by a manifest and gross error.
The Company will inform the Member by any means in case of cancellation of a Purchase or Sale.
The Member will be reimbursed within 24 (twenty-four) hours of any sums paid during the Purchase or Sale, according to the terms and conditions indicated on the Site.
The Member also undertakes to reimburse the Company within 24 (twenty-four) hours of any sums paid during a Sale, according to the terms and conditions indicated on the Site.
The Company allows a Member (hereinafter “the Holder Member“) to give a power of attorney to a third party, natural person, (hereinafter: the “Agent Member“) to use his Account and the Services associated with him. its place.
Subscription of a proxy on the Site is free and granted for an indefinite period.
The Member Holder may, at any time, terminate the power of attorney granted to an Agent Member, according to the terms and conditions indicated on the Site.
The power of attorney automatically ceases in the event of the death of the Member Holder.
The Member Holder must provide the company with all the information and documents requested by the Company to implement the power of attorney for the benefit of the Member.
The Company reserves the right to refuse any request for power of attorney, without having to justify its decision.
The Administrator Member shall benefit from all the rights vested in the Member with the exception of the right to unsubscribe provided for in Article 8.
All of the actions performed by the Agent Member are deemed to have been carried out with the prior consent of the Full Member.
The Member Holder expressly disclaims liability for the Company in case of mismanagement of its Account by the Member Proxy or in the event of unauthorized actions.
It is the responsibility of the Member Holder to ensure the correct use of his Account by the Member.
Buy and Sell operations are subject to special taxation. As an indication, the main tax provisions applicable to these transactions are available on the Site. This information is however provided for information purposes only and may not reflect the latest legislative or regulatory developments. In any case, they can not be interpreted as recommendations or as a tax consultation.
It is therefore the responsibility of the Member to obtain information and to comply with the fiscal and declarative obligations attached to the transactions it carries out on the Site.
Investments or investments in precious stones or investment have a certain share of risk in particular related to the fluctuation of supply and demand, as indicated on the Site. The Member making the Sale or Purchase of Products must therefore be aware that his profit related to a potential gain can not be guaranteed in any case.
Any decision to buy or sell Products by the Member is therefore made under its sole responsibility.
In case of doubt, it is up to the Member to request the intervention of an independent council which will be able to accompany it during its transactions.
Pursuant to international legislation relating to the fight against money laundering and the financing of terrorism, the Company is obliged to:
As a result, the Company may be required to refuse certain transactions.
In this context and as a verification, the Member expressly agrees to provide the Company with the information and documents it deems necessary to fulfill its obligations, including the origin of the capital, the precise economic justification of any transaction and the supporting documents. relating thereto.
The Member expressly acknowledges and agrees that the Company may be required to set up surveillance systems aimed at combating money laundering and the financing of terrorist activities.
The Member may, in accordance with the regulations, access all the information thus communicated provided that this right of access does not call into question the purpose of the fight against money laundering and the financing of terrorism when these data relate to the applicant and held under Articles L.621-8, L.621-9 and L.621-10 of the French Monetary and Financial Code.
Without prejudice to the other obligations provided for herein, the Member undertakes to respect the following obligations.
The Member undertakes, in his use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order.
He is solely responsible for the proper performance of all formalities including administrative, tax and / or social and all payments of contributions, taxes or levies of any kind that are incumbent upon him as the case may be in connection with his use of the Services. The responsibility of the Company can not in any case be engaged in this respect.
The Member acknowledges having read on the Site the characteristics and constraints, including technical, of all Services. He is solely responsible for his use of the Services.
The Member undertakes to make a strictly personal use of the Services. He is therefore prohibited from assigning, granting or transferring all or part of his rights or obligations hereunder to any third party in any way whatsoever.
The Member undertakes to provide the Company with all the information necessary for the proper execution of the Services. More generally, the Member undertakes to cooperate actively with the Company for the proper execution of these presents.
The Member acknowledges that the Services offer him an additional, non alternative solution to perform placement or collection operations and that this solution is not a substitute for other means available to the Member to achieve the same objective.
The Member must take the necessary measures to safeguard by his own means the information of his Personal Space that he deems necessary, of which no copy will be provided.
The Member is informed and accepts that the implementation of the Services requires that it be connected to the Internet and that the quality of the Services depends directly on this connection, for which it is solely responsible.
It is strictly forbidden to use the Services for the following purposes:
Members are strictly prohibited from copying and / or misappropriating the concept, technologies or any other element of the Company’s Site for their own purposes or those of third parties.
Also strictly prohibited are: (i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempted intrusions into the Company’s systems, (iii) any misuse of system resources (iv) any actions likely to impose a disproportionate burden on the infrastructure of the latter, (v) any breaches of the security and authentication measures, (vi) any acts likely to infringe the rights and interests financial, commercial or moral of the Company or users of its Site, and finally more generally (vii) any breach of these terms and conditions.
It is strictly forbidden to monetize, sell or concede all or part of the access to the Services or the Site, as well as the information that is hosted and / or shared.
In case of breach of any of the provisions of these terms and conditions or more generally, violation of the laws and regulations in force by a Member, the Company reserves the right to take any appropriate measure including:
(i) suspend access to, or participation in, the Services of the Member, the perpetrator of the breach or offense,
(ii) delete any content posted on the Site,
(iii) publish on the Site any information message that the Company may deem useful,
(iv) notify any relevant authority,
(v) initiate any legal action.
In case of breach by the Member of an obligation arising from these terms and conditions, the Company reserves the right to terminate its access to all or part of the Services, with immediate effect, by letter, fax or email. Termination becomes effective as of the date of sending, by the Company, the writing sent to the Member pursuant to this clause. It entails automatically and without prior notice the deletion of the Member’s Account, without prejudice to any other consequences that may be induced by these terms and conditions.
In the event that the Member still has Products in the Safe on the day of the cancellation, this one expressly gives Order of Sale to the Company of all of its Products according to the quotation fixed at 16 hours the day of termination.
The Account will be suspended for the duration of the Sale of all the Products of the Member and the payment of the Sale Price.
The Member warrants the Company against any claims, claims, actions and / or claims that the Company may suffer as a result of the Member’s breach of any of its obligations or warranties under these terms and conditions.
He undertakes to compensate the Company for any loss he may suffer and to pay him any costs, charges and / or convictions that he may have to bear as a result.
The Company undertakes to provide the Services diligently and according to the rules of the art, it being specified that it imposes upon it an obligation of means, to the exclusion of any obligation of result, which the Members recognize and accept. specifically.
The value of the Products that the Member may purchase or sell through the Site may fluctuate up or down depending on, among other things, supply and demand on the date of the transaction.
Thus, the Company does not guarantee the realization of a gain by the Member.
The Company does not have the power to advise on wealth management or financial investment advice, but its client advisors are at the service of its clients to assist them in their purchase of precious products and services. related.
The Company declines any responsibility in the event of any loss of the information accessible in the Member’s Personal Space, the latter having to save a copy of it and not being able to claim any compensation in this respect.
The Company undertakes to carry out regular checks to verify the functioning and accessibility of the Site. As such, the Company reserves the right to temporarily interrupt access to the Site for maintenance reasons. Similarly, the Company can not be held responsible for temporary difficulties or impossibilities of access to the Site resulting from external circumstances, force majeure, or due to disruption of telecommunication networks.
The Company does not guarantee to Members (i) that the Services, subject to constant research to improve its performance and progress, will be completely free from errors, defects or defects, (ii) that the Services, being standard and not proposed for the sole purpose of a given Member based on his own personal constraints, will specifically meet his needs and expectations.
In any event, the liability that may be incurred by the Company hereunder is expressly limited to proven direct damages suffered by the Member.
The Parties agree that a case of force majeure, that is to say, an unforeseeable, irresistible, insurmountable event beyond the control of the Party that is the victim thereof, will suspend the contractual obligations as of the proof of the case. force majeure by the Party which suffered it and until its extinction.
Suspended bonds will be executed again as soon as the effects of the event of force majeure cease.
However, in case of persistence of the case of force majeure greater than 30 (thirty) days, these Terms and Conditions may, at the option of the Parties, be terminated automatically and without any compensation from any of the Parts.
The termination will be effective within a maximum period of 72 (seventy-two) hours from the delivery or sale of all the Products held in the Safe by the Member and the payment of the Sale Price, less the possible costs may apply.
Due to the specific nature of the services it offers, the Company undertakes, in case of force majeure, to implement the necessary means to protect the Products entrusted to it and to facilitate their delivery to the benefit of the Members as soon as possible. their request.
In the event of a serious national or international crisis, a college made up of the 20 most active Members would then be created (hereinafter: the “College of Members“) to assist, in an advisory capacity, the Company in the best choices to to ensure the continuity of the Services, the integrity and the best valuation of the Products held by the Company in its Safe Deposit on behalf of the Members.
Thus, in the event of a serious national or international crisis, the Company may, after consultation with the College of Members, modify the physical location and the nature of the storage of the Products. Such a transfer could result in an exceptional fee negotiated with the Members’ College which would then be communicated to all Members for acceptance through Site.
In the event of death of the Member, the Account will be blocked automatically without notice.
Products deposited by the Member in the Safe will be retained by the Company pending the instructions of the rights holders of the Member or the notary responsible for settlement of the estate.
During this period, the Custody Fees provided for in article 8.1.1 will continue to apply and must be paid at the latest upon the termination of the Account.
The termination will be effective within a maximum period of 72 (seventy-two) hours from the date of delivery or sale of all the Products held in the Safe and the payment of the Sale Price, less any possible costs. applicable and mentioned on the Site.
The systems, software, structures, infrastructures, databases and contents of any kind (texts, images, visuals, music, logos, brands, databases, etc.) operated by the Company within the Site are protected by all intellectual property rights or rights of database producers in force. All disassembly, decompilation, deciphering, extractions, reuse, copies and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of the Company are strictly prohibited. and may be subject to prosecution.
The Company has a personal data protection policy, the characteristics of which are explained in the document entitled “Confidentiality Policy“, which the Member is expressly invited to read on Site.
The Company reserves the right to modify these terms and conditions at any time.
The Registered Member will be informed of these changes by any means at least 1 (one) month before they come into force.
If he does not agree to the amended terms and conditions, he must unsubscribe from the Services in accordance with Article 9.
Any Member who uses the Services subsequent to the entry into force of the amended terms and conditions is deemed to have accepted such changes.
In the event of a translation of these terms into one or more languages, the language of interpretation will be the French language in the event of contradiction or dispute over the meaning of a term or a provision.
These general conditions are governed by American law.
In the event of any dispute as to the validity, interpretation and / or performance of these terms and conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction to try them, except in the case of contrary mandatory rules of procedure.
These terms and conditions came into effect on June 10, 1999.