General Terms and Conditions of Sale - 28.06.22

General Terms and Conditions of Sale


PREAMBLE:

 

These terms are entered into between, on the one hand, DENAIVE DIFFUSION, a French limited liability company (SARL), SIRET: 44309987400028, with share capital of EUR 7,500 and VAT No. FR91443099874, hereinafter referred to as “Dominique DENAIVE”, and, on the other hand, persons wishing to make a purchase via the e-commerce website www.denaive.com, hereinafter referred to as the “User”.

For the purposes hereof, it is agreed that the User and Dominique DENAIVE shall collectively be referred to as the “Parties” and individually as a “Party”, and that the User who has validated an order shall then be referred to as the “Buyer”. The User’s rights and obligations necessarily apply to the Buyer.

The User wishing to purchase on the Site declares that they have full legal capacity and that they have read and accepted the applicable rights and obligations set out in the terms of sale.

Any order for a Product offered on the Site requires consultation of and express acceptance of these General Terms and Conditions of Sale, without such acceptance being conditional upon the User’s handwritten signature. In accordance with legal provisions, it is reiterated that validation of the order form, as specified in Article 3 below, constitutes an electronic signature which, between the Parties, has the same value as a handwritten signature and serves as proof of the entire order and of the enforceability of the sums due in performance of that order.

These General Terms and Conditions of Sale may be retained by any visitor to this site, either by printing them or by saving them electronically, in accordance with the provisions of Article 1369-1 of the French Civil Code.

ARTICLE 1: PURPOSE

 

The purpose of the General Terms and Conditions of Sale is to define the reciprocal contractual commitments of each party on the Internet, thereby regulating the various stages of the online ordering process, order tracking, and the terms of use of this Site.

The Parties agree that their relationship will be governed exclusively by this contract and the specific delivery and return conditions presented under the “delivery” tab. These may be subject to modifications and updates; the conditions applicable to a customer’s order of an item are solely those in force on the date the order is placed.

If any condition were to be missing, it would be deemed to be governed by the practices in force in the distance-selling sector among companies headquartered in France.

ARTICLE 2: THE ITEMS

 

These general terms and conditions of sale are intended to define, exclusively with regard to the relationships established via the Internet, the rights and obligations of the Parties arising from the online sale of Products offered on the Site. They govern all the steps required to place an order and ensure the monitoring of that order between the contracting Parties.

www.denaive.com is a website intended for consumers, offering high-quality jewelry for sale at retail prices. The items available on the Site remain available while stocks last.

The products offered for sale on the website are subject to the warranty conditions provided for by law, particularly Articles L. 211-4, L 211-5, and L 211-12 of the French Consumer Code, as well as Articles 1641 and 1648, first paragraph, of the French Civil Code, as reproduced in the appendix.

The company cannot guarantee in any way that the products will remain available for sale for any given period.

The company shall not be held liable for failure to perform the contract in the event of a stock shortage or product unavailability, force majeure, disruption or total or partial strike, particularly affecting postal services and means of transport and/or communications, flooding, or fire. Likewise, as the goods are transported at the recipient’s risk, the company shall not be held liable for any loss or damage occurring during transport.

 

 

 

Orders delivered in Metropolitan France and in the countries of the European Community will be charged inclusive of all taxes. Orders delivered to the French overseas departments and territories and to countries outside the European Community will be charged exclusive of taxes. Your order may be subject to import duties and taxes, which are incurred once the shipment reaches your destination country. DENAIVE DIFFUSION SARL is not responsible for these charges if they are applied, and they are payable by you as the customer.

 

When the customer receives their delivery, Dominique DENAIVE undertakes to send a detailed invoice including the price of the items and the delivery costs, in accordance with Article L 121–18 of the Order Code.

 

Purchases may only be paid for by bank card. Accepted bank cards are: Visa, Mastercard, and American Express. It is also possible to use a PayPal or ApplePay account to pay for purchases. Payment in 3 or 4 instalments is also available free of charge for purchases of 200 euros or more, with no geographical restrictions.

 

The electronic certificate issued by the secure remote payment service provider shall constitute proof of the amount and date of the transaction, in accordance with the provisions of Articles 1316 et seq. of the Civil Code.

 

If payment is declined, the customer's order will be cancelled.

 

 

ARTICLE 3: PRICES AND PAYMENT:


Prices are displayed in euros, inclusive of all taxes. The delivery costs will be displayed automatically when the order is confirmed.

 

Orders delivered in Metropolitan France and in the countries of the European Community will be charged inclusive of all taxes. Orders delivered to the French overseas departments and territories and to countries outside the European Community will be charged exclusive of taxes. Your order may be subject to import duties and taxes, which are incurred once the shipment reaches your destination country. DENAIVE DIFFUSION SARL is not responsible for these charges if they are applied, and they are payable by you as the customer.

 

When the customer receives their delivery, Dominique DENAIVE undertakes to send a detailed invoice including the price of the items and the delivery costs, in accordance with Article L 121–18 of the Order Code.

 

Purchases may only be paid for by bank card. Accepted bank cards are: Visa, Mastercard, and American Express. It is also possible to use a PayPal or ApplePay account to pay for purchases. Payment in 3 or 4 instalments is also available free of charge for purchases of 200 euros or more, with no geographical restrictions.

 

The electronic certificate issued by the secure remote payment service provider shall constitute proof of the amount and date of the transaction, in accordance with the provisions of Articles 1316 et seq. of the Civil Code.

 

If payment is declined, the customer's order will be cancelled.

 

Payment in three or four instalments with ALMA:


The Seller offers its Customers Alma's credit service for payment for their purchases and execution of the payment. This is subject to the Customer's acceptance of the T&Cs or credit agreement offered by Alma.

Any refusal by Alma to grant credit for an order may result in its cancellation.

Any termination of the T&Cs binding the Customer and the Seller entails termination of the T&Cs or credit agreement between Alma and the Customer.

Payment in three or four installments is available through our partner Alma. Payment security is provided by Alma and its service providers. All payments are protected by 3D Secure.



Purchase amount:


Only purchases between €200 and €2,000 are eligible for payment with Alma.

Fees: When paying in installments with Alma, the customer pays no fees.

Alma is the electronic payment processor and issues an electronic certificate that serves as proof of the transaction amount and date in accordance with Articles 1316 et seq. of the Civil Code.

Termination: Any termination of the T&Cs binding the Seller and the customer entails termination of the T&Cs between Alma and the customer.

 



ARTICLE 4: THE ORDER

 

To place an order online, the customer must be an adult, have legal capacity, and hold a bank card.

However, if the order placed does not follow the proper sequence of steps established by Dominique DENAIVE—for example, if an address is incorrect—the company will inform the customer directly by email.

To place an order, the customer must follow several essential steps to ensure it proceeds smoothly.

First step: Choosing, selecting, validating, and saving items in the cart

2th Step: Verification of the selected items (the order can be modified at any time).

Third step: Order confirmation and validation

From this point onward, the customer must:

– identify themselves using a profile created directly online, including their name and addresses (postal and email). The customer may choose their own delivery and billing addresses.

– To make the payment, the customer must enter their bank card number, expiration date, and associated security code.

– To validate the order, the customer must click the validation button, which authorizes the immediate debit of the amount of the order placed.

Once this action has been completed, the customer will no longer be able to cancel the order, and the contract will therefore be irrevocable, except if the items are no longer in stock.

 

ARTICLE 5: DELIVERY

 

Dominique DENAIVE delivers throughout France and worldwide.

The order will be shipped to the address provided by the customer during online registration once payment has been accepted. Dominique DENAIVE undertakes to ship the order within a maximum of 5 business days in France and 15 days worldwide.

Shipping will be carried out by Colissimo, and for orders placed in France worth €100 or more, shipping will be free.

Dominique DENAIVE also undertakes to deliver parcels in perfect condition, and the customer must personally check the contents and condition of the parcel before signing the delivery receipt. If the parcel is damaged or open, the customer must report it to the courier and note the observed damage.

The delivery cost depends on the weight, volume, and delivery location.

For deliveries within metropolitan France, shipping is free for purchases of €100 or more.

For deliveries to Europe and the overseas departments and territories, shipping is free for purchases of €200 or more.

For deliveries to the rest of the world, shipping is free for purchases of €200 or more.

 

ARTICLE 6: RETURNS AND WARRANTY

 

In accordance with the provisions of Articles L 121-20 and subsequent articles of the French Consumer Code, a right of withdrawal may be exercised without giving reasons within 7 days of receipt of the order.

In the event of a return or exchange, the customer must return the items at their own expense and provide proof of the return with a date, for example, a registered letter or delivery against signature.

Dominique DENAIVE jewelry is guaranteed for 1 year, and repairs will be carried out in France; the customer must therefore return damaged items at their own expense.

If Dominique DENAIVE issues a refund, the customer will be refunded to the bank card used for the transaction.