General Terms and Conditions of Sale and Use
If you have any doubts or questions about our terms and conditions, please call us on +33(0)1 42 60 19 59 so that we can answer your questions.
These general terms and conditions of sale and use of the site (hereinafter, the "Terms") apply between :
The Company VALÉRIE DANENBERG, an INDIVIDUAL COMPANY, whose registered office is in PARIS (75001) 330-320 rue Saint-Honoré, registered in the PARIS Trade and Companies Register under the number 342 916 657, whose VAT number is ..... represented by Mrs Valérie DANENBERG. (hereinafter the "Company"). The Company sells the following products to its Clients via its Internet site : Jewelry.
Any natural person of legal age acting exclusively within the strict framework of their personal needs, who consults the website www.valeriedanenberg.fr and/or makes a purchase from Valérie Danenberg. The Seller does not carry out any Online Sales to legal entities. www.valeriedanenberg.fr et/ou effectue un achat auprès de Valérie Danenberg. Le vendeur ne réalise aucune vente en ligne à des personnes morales.
The Company invites users to carefully read these General Terms and Conditions of Sale and Use (hereinafter the "GTC/UGU"). Placing an Order implies acceptance of the GTC/UGU. The characteristics of the Products are indicated on the Website. It is the Customer's responsibility to take this into account before making a purchase. The photographs or graphics presented on the Website are not contractual. The Customer acknowledges that he/she has read them and accepted them by ticking the appropriate box before placing his/her online Order. The GCS/GU shall govern the conditions under which the Company sells its Products to its Professional and Consumer Clients via its Internet Site. They apply to all sales made by the Company and supersede any conflicting document, in particular the Client's general terms and conditions of purchase. In the event of a subsequent modification of the GTC/GU, the Client is subject to the version in force at the time of the Order.
The website www.valeriedanenberg.fr is hosted by OVH, a SAS with a capital of 10,069,020 euros, registered with the Lille Métropole Trade and Companies Register under No. 424 761 419 00045, whose VAT number is FR 22 424 761 419 and whose head office is located at 2 rue Kellermann - 59100 Roubaix - France. TO BE COMPLETED BY DYNAMES
General Terms and Conditions of Online Sales
"Customer" refers to the Professional or Consumer who has placed an Order for a Product sold on the Website;
"Order" refers to any order placed by the User registered on this Website;
"General Terms and Conditions of Sale and Use" or "GTC/UG" refer to the present general terms and conditions of use and online sales;
"Consumer" refers to the buyer who is a natural person and who is not acting for professional purposes and/or outside his professional activity;
"Products" refers to the material things that can be appropriated and that are offered for sale on this Site;
"Professional" refers to the buyer who is a legal or natural person and who is acting within the framework of his professional activity;
"Site" refers to this Site, i.e. http://www.valeriedanenberg.fr ;
"Company" refers to the Company Valérie Danenberg, more fully described in article I hereof; and
"User" refers to any person who uses the Site.
Registration on the Site is open to all legal entities or individuals of legal age and enjoying their full personality and legal capacity.
Use of the Site is conditional on registration of a User. Registration is free of charge.
In order to register, the User must fill in all the compulsory fields; otherwise registration cannot be completed.
Users guarantee and declare on their honour that all the information communicated on the Site, in particular at the time of their registration, is accurate and compliant. They undertake to update their personal information on the page dedicated to this information and available in their account. All registered Users have a login and a password. These are strictly personal and confidential and may not be communicated to third parties under penalty of deletion of the account of the offending Registered User. Each Registered User is personally responsible for maintaining the confidentiality of his/her login and password. The Company shall not be held responsible for the usurpation of a User's identity. If a User suspects fraud at any time, he/she must contact the Company as soon as possible, so that the latter can take the necessary measures and regularise the situation.
Each User, whether a legal entity or an individual, may only hold one account on the Site.
In the event of non-compliance with the GTC/GU, in particular the creation of several accounts for a single person or the provision of false information, the Company reserves the right to temporarily or permanently delete all accounts created by the offending User.
The deletion of an account entails the permanent loss of all benefits and services acquired on the Site. However, any Order made and invoiced by the Site prior to the deletion of the account will be executed under normal conditions.
In the event of deletion of an account by the Company for failure to comply with the duties and obligations set out in the GCS/GU, the offending User is formally prohibited from re-registering on the Site directly, via another e-mail address or through an intermediary without the express authorisation of the Company.
CONDITIONS FOR PLACING AN ORDER
To be at least 18 years old and to have the legal capacity necessary to place and honour any order or to be the holder of a parental authorisation allowing you to place and honour any order and to be able to justify this at any time, on our simple request; to be a natural person acting within the framework of your personal needs (in particular in the sense that any order that You place must correspond to the normal needs of an individual).
PLACING AN ORDER
You can choose to place your order:
Directly on the website or by phone with our customer service at +33(0)1 41 60 19 59 or directly by credit card during your appointment in our shops, bank transfer or ALMA payment (payment up to 3 times free of charge for a maximum amount of €3,000).
SPECIFIC PROVISIONS APPLICABLE TO THE PLACING OF ORDERS ON THE SITE :
Orders can only be placed once the User has registered on the Site. The User, when logged on to his account, can add Products to his virtual basket. The User can then access the summary of his virtual basket in order to confirm the Products he wishes to order and place his Order by pressing the "Order" button.
He/she must enter an address, a delivery method and a valid payment method in order to finalise the Order and effectively form the sales contract between him/her and the Company. Completion of the Order implies acceptance of the prices of the Products sold, as well as the delivery terms and deadlines indicated on the Site. Once the Order has been placed, the User will receive confirmation by e-mail. This confirmation will summarise the Order as well as the relevant delivery information. The placing of an Order shall constitute the conclusion of a distance selling contract between the Company and the Client. The Company shall be entitled to offer the Client price reductions, discounts and rebates depending on the number of Products available on the Web site or on the regularity of the Orders, in accordance with the conditions set by the Company.
Products and Prices :
Valerie Danenberg makes every effort to ensure that her online catalogue is as accurate and correct as possible. In order for you to see the details of certain products, they may appear larger or smaller than they actually are. As each computer is configured differently, their colour may also vary. Our goal is to give you as much information and detail as possible so that you can feel like you know your product before you own it. However, the weight of the stone displayed may vary by 0.15 carats per from the actual weight of the stone. The weight of the setting can vary according to the size of the finger, up to 0.50 carats depending on the model, which has an impact on the price. The weight of gold can vary according to the size of the finger by about 5 grams more or less depending on the model, which will affect the price. As our manufacturing is handmade, it is possible that some of the measurements and weights shown on our product pages may differ slightly from the actual product you will receive. The Products covered by the T&Cs/Guidelines are those that appear on the website and are sold and shipped directly by the Company. The Products are described on the corresponding page within the site and mention is made of all their essential characteristics. The sale is subject to the Company's available stocks. The Company cannot be held responsible for stock shortages or the impossibility of selling a Product that is not in stock.
When a registered user wishes to purchase a product sold by the company through the site, the price indicated on the product page corresponds to the price in euros, all taxes included (TTC), excluding shipping costs and taking into account applicable discounts in force on the day of the order. The price indicated does not include delivery costs, which will be detailed, where applicable, in the summary before placing the Order. If the total cost of the Products cannot be calculated in advance, the Company will provide the Client with a detailed quote outlining the price calculation formula. All orders are payable in Euros. Under no circumstances shall a user be entitled to claim any discounts that are no longer applicable on the date of the Order.
If the total cost of the Products cannot be calculated in advance, the Company will send to the Customer a detailed quotation setting out the formula for calculating the price. All Orders are payable in euros. Under no circumstances may a user demand the application of discounts no longer in force on the day of the Order.
The company reserves the right to modify its prices at any time and without notice, subject to article 1.3 above. Products already ordered will be invoiced on the basis of the prices in force at the time of the registration of Your order.
An invoice for Your order is issued upon shipment of Your order. It can also be requested by telephone or email from Valerie Danenberg's Customer Service.
Unless otherwise agreed, all sales shall be paid for in cash at the time the Order is placed. Depending on the nature or amount of the Order, the Company is free to require a deposit or payment in full at the time of placing the Order or upon receipt of the invoice.
Payment can be made by:
Credit card via a secure connection - 3x free of charge (maximum basket 3 000€).
In the event of non-payment of all or part of the Products on the date agreed on the invoice, the Professional Client shall pay the Company a late payment penalty equal to the rate applied by the European Central Bank for its refinancing operation plus 10 percentage points. The financing operation used is the most recent on the date of the Order for the services.
In addition to the late payment penalties, any sum, including the deposit, not paid on the due date by the Professional Client will automatically give rise to the payment of a fixed penalty of 40 euros due for collection costs.
In the event of non-payment of all or part of the Products on the date agreed on the invoice, the Consumer Client shall pay the Company a late payment penalty at a rate equal to the legal interest rate.
No compensation may be made by the Client between penalties for late supply of the Products ordered and sums owed by the Client to the Company for the purchase of Products offered on the Site.
The penalty due by the Client, whether Professional or Consumer, is calculated on the amount including tax of the remaining sum due, and runs from the due date of the price without any prior notice of default being necessary.
The information and in particular the prices that are displayed on the site may be incorrect due to errors or typos in the system or typographical filling. We do our best to avoid errors, but they may occur. We do not honour orders with incorrect information or prices. If the price displayed is lower than the actual price of the product, We will contact You by email to either cancel the order or give You instructions on how to pay the difference in price.
The prices of our products are not negotiable because we have a very fair pricing policy and practice small margins in order to be as close as possible to our customers' budgets. The final price of our creations is the result of the costs of a French artisanal manufacture and the prices of the premium raw materials that we select for You, such as Gold and Precious stones.
Each piece of jewelry takes 6 to 8 weeks to be made.
The Products are delivered by post at declared value and insured by us in the following geographical areas:
The Products are delivered by DHL and insured by us in the following geographical areas:
The Company undertakes to make every effort to deliver the Products as quickly as possible. These times may vary depending on the Client's geographical area, the delivery method chosen or the Product ordered.
In the event that delivery is impossible due to an error in the address indicated by the Client, the Company will contact the Client as soon as possible in order to obtain a new delivery address and any additional delivery costs will be charged to the Client.
In addition, the Company cannot be held responsible for reasons relating to delivery times being exceeded:
In periods of high demand, such as the end-of-year festive periods, for delays caused by reasons of force majeure, i.e. due to the occurrence of an unforeseeable, irresistible event beyond its control, for events attributable exclusively to the carrier responsible for the delivery.
Delivery is made according to the Customer's choice and the prices indicated on the Site:
To the address indicated by the Client at the time of placing the Order by ordinary mail.
In one of the Company's shops, chosen by the Client at the time of placing the Order.
OWNERSHIP - RISKS
The transfer of ownership and risks on the jewellery will take place at the delivery of the products. However, in the event that:
(i) Your parcel is returned to Us by the carrier because the address was wrong or You did not claim it within the time limit,
(ii) You did not respond to the telephone, to Our voice and electronic messages to notify You of the situation (in particular if the e-mail addresses, and telephone numbers that You transmitted to Us are wrong), and that We were therefore unable to reach You for a period of 4 months from the dispatch of the parcel,
The company takes ownership of the products and may dispose of them freely. The company retains the deposit payments from the manufacture of the jewelry to the order and you agree that you will have no recourse to recover any monies paid or unclaimed products. some measurements shown on our product pages differ slightly from the actual product You will receive.
Returns and Resizing
COMPLAINTS / RETURNS
For all orders placed through this web site, the Client has the right to make a claim within 14 days of receiving the Products. It is the Client's responsibility to verify the apparent state of the Products upon delivery. If no reservations are expressly made at the time of delivery, the Products shall be deemed to conform to the Order.
To exercise this right of complaint, the Client must send the Company, at the address email@example.com, a statement in which he expresses his reservations and complaints, accompanied by the relevant supporting documents (receipt countersigned by the carrier, photographs, etc.).
A complaint that does not comply with the conditions described above cannot be accepted.
In the case of a return for reimbursement, the cost of return and insurance will be covered by the Company. For this, your package must be returned using the form provided by the Company from one of the following countries Metropolitan France & DOM TOM and all of Europe. Upon receipt of Your jewel, We check that it is in perfect condition, then acknowledge receipt of the jewel. Then, We will reimburse You the price corresponding to the value of the products no later than thirty (30) days following the date on which Your return was accepted by the company.
CONDITIONS FOR ACCEPTING RETURNS
The above-mentioned returns will only be accepted by the company and will only be refunded or exchanged if:
(I) the return process described by our advisors and on our website has been respected;
(II) the products are returned to us in perfect condition, you can of course try them on and see if they fit, and if not, send them back to us without wearing them so that they remain intact and free of scratches and other damage.
Thus, items returned incomplete, damaged or soiled will not be taken back under any circumstances. In particular, products with even small scratches can never be taken back. (III) Our specialists will check with a magnifying glass that the mount and the stone, or any other component of the product, are in conformity with the product that was sent to You, without damage, modification or intervention of any kind;
(IV) the products are returned to us in their original packaging, complete (original of the certificate provided if this is the case, packaging, including gift box, case, etc.).
We also specify that :
The return is only possible for one product per order;The products having been the subject, at Your request, of a modification or of any other personalization (in particular a change of size of the stone or stones of different colours than what is visible on Our online catalogue) will not be able to be refunded nor exchanged;The return is possible on a jewel which was engraved by the Company Valerie Danenberg, provided that the other conditions of return were respected.
Up to thirty (30) days after the date of delivery, We give You the possibility to return the ordered products to Us in order to resize your jewel.
To do this, You must inform Valerie Danenberg's customer service by e-mail: firstname.lastname@example.org of your decision before returning the products to Us, indicate the new size requested and follow exactly the return process that We will indicate to You. Your resizing request is only effective from the moment the company acknowledges receipt of your return request in writing. If You return the products to Us for resizing, the cost of return, insurance and shipping will be covered by Us, provided that Your package was sent using the slip provided by the company from one of the following countries: Metropolitan France and DOM TOM, and all of Europe. Upon receipt of the resized products, You will not be able to make a return or exchange for a piece of jewelry that has been resized. The period of resizing is 4 (four) weeks maximum.
The classic resizing is done for a maximum of two sizes up or down only when the ring is thin and not set with stones. When the ring is set with diamonds, it is only possible to reduce or add one size because on rings set in a full circle, we keep a small space at the back of the ring to be able to do this operation.
In all other cases, it is a question of a particular size reduction requiring an estimate of the weight of gold to be added. Depending on the model, it will only be possible to add or reduce by half to one size.
CONDITIONS FOR ACCEPTING SIZE DISCOUNTS
The resizing provided for above will only be taken in charge by the company if:
(I) the return process described by Our advisors and on Our website has been respected;
(II) the products are returned to Us in perfect condition, without having been worn. Thus, items returned incomplete, damaged or soiled cannot be resized. In particular, products that have scratches, even if discreet, cannot be resized.
(III) Our specialists confirm that the mount and the stone, or any other component of the product, are in conformity with the product that was sent to You, without damage, modification, or intervention of any kind.
We also specify that :
The products having been the object, at Your request, of a personalized or specific modification (in particular a change of size of the stone or stones of different colours than what is visible on Our online catalogue) will not be able to give place to resizing;In the same way, certain special products cannot be resized. They are then clearly presented as such to the customer at the time of the order;The resizing is possible on a jewel that has been engraved by the company Valerie Danenberg, provided that the other conditions have been met;The resizing is not possible for an order whose delivery address is outside the European Union.
CONSUMER'S RIGHT OF WITHDRAWAL
The Consumer has a right of withdrawal of 14 days from the placing of the Order, except for the products mentioned in article L.121-21-8 of the Consumer Code.
o exercise this right of withdrawal, the Consumer sends a statement to the address: email@example.com The Products must be returned in their original packaging and in perfect condition within 48 hours (is this legal?) of the Consumer notifying the Company of the withdrawal. The direct costs of returning the Products shall be borne by the Consumer.
The Consumer shall be reimbursed for the full cost of placing the Order within 30 days of the Company becoming aware of his/her declaration of withdrawal.
The reimbursement shall be made by the same means of payment as that used for the purchase.
TRANSFER OF RISK AND OWNERSHIP
The Company retains a right of ownership over the Products sold until full payment of the price by the Client. It may therefore repossess the said Products in the event of non-payment. In this case, the advance payments made shall be retained by the Company by way of compensation.
For Professional Clients, the transfer of risks to the Client takes place as soon as the goods are handed over to the carrier by the Company. For Consumer Clients, the transfer of risks takes place on delivery or when the goods are collected from the shop if the Client has chosen in-store delivery.
The Products sold on the Site are guaranteed in accordance with the legal provisions of the Consumer Code and the Civil Code as reproduced below: Article L.211-4 of the Consumer Code: "The seller is required to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L.211-5 of the French Consumer Code: "To be in conformity with the contract, the goods must :
1. Be fit for the purpose usually expected of similar goods and, where applicable:correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;have the qualities that a buyer may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2. Or have the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter.
The Company reserves the right to make changes to the Site, the GTC/GU and any delivery procedure or other element of the services provided by the Company through this Site.
When an Order is placed, the User is subject to the provisions set out in the GTC/GU in force at the time the Order is placed.
PROCESSING OF PERSONAL DATA
Registration on the Site entails the processing of the Customer's personal data. If the Customer refuses the processing of his/her data, he/she is requested to refrain from using the Site.
This processing of personal data is done in compliance with the General Data Protection Regulation 2016/679 of 27 April 2016. Furthermore, in accordance with the French Data Protection Act of 6 January 1978, the Customer has the right to query, access, rectify, modify and oppose all of his personal data at any time by writing, by post and providing proof of his identity, to the following address: firstname.lastname@example.org
This personal data is necessary for the processing of the Order and the preparation of invoices, if applicable, as well as for the improvement of the Site's functionalities.
Sharing of Collected Data
The Site may use third-party companies to carry out certain operations. By browsing the Site, the Customer accepts that third party companies may have access to his/her data to enable the proper functioning of the Site.
These third-party companies only have access to the data collected in the context of carrying out a specific task. The Site remains responsible for the processing of this data.
Furthermore, the User may receive information or commercial offers from the Company or its partners. The User may at any time object to receiving such commercial offers by writing to the Company's address indicated above, or by clicking on the link provided for this purpose in the e-mails received.
In addition, customer information may be passed on to third parties without the customer's express prior consent for the following purposes:
Comply with the law, which protects any person against serious bodily harm or death, fight against fraud or attacks on the Company or its Users, protect the Company's property rights.
The Company ensures an appropriate level of security commensurate with the risks involved as well as their probability, in accordance with the General Data Protection Regulation 2016/679 of 27 April 2016.
However, these measures in no way constitute a guarantee and do not commit the Company to an obligation of result regarding data security.
To enable its Users to benefit from optimal browsing on the Site and better operation of the various interfaces and applications, the Company may place a cookie on the User's computer. This cookie enables information relating to browsing on the Site to be stored, as well as any data entered by Users (in particular searches, login, email, password).
The User expressly authorises the Company to place a file called a "cookie" on the User's hard disk.
The User has the possibility of blocking, modifying the duration of conservation, or deleting this cookie via the interface of his or her browser. If the systematic deactivation of cookies on the User's browser prevents him/her from using certain services or features of the Site, this malfunctioning shall in no way constitute damage for the member, who shall not be entitled to claim any compensation as a result.
The Company cannot under any circumstances be held responsible for the unavailability, whether temporary or permanent, of the Website and although it uses all its means to ensure that the service is always available, it may be interrupted at any time. In addition, the Company reserves the right, by voluntary action, to make the Website unavailable in order to carry out any updating, improvement or maintenance operation.
As previously mentioned herein, the Company cannot be held responsible for delays in delivery for reasons beyond its control, independent of its will, unforeseeable and irresistible or for which it cannot be held responsible.
The brand, the logo and the graphic charter of this Site are registered trademarks with the INPI and are intellectual works protected under copyright law, the property of which belongs exclusively to the Company. Any dissemination, exploitation, representation, reproduction, whether partial or complete, without the express authorisation of the Company will expose the offender to civil and criminal proceedings.
The law governing the GTC/GU is French law. Any dispute that may arise between the Company and a User during the performance of these terms and conditions shall be subject to an attempt at amicable resolution. Failing this, disputes will be referred to the competent courts under common law.
ACCEPTANCE OF THE GCV/CGU
The Client or User expressly accepts the GTC/GU. The Customer declares that he/she is aware of them and waives the right to rely on any other document, in particular his/her own general terms and conditions of purchase. The Consumer acknowledges that he/she has been informed of the information and details provided for in Articles L.111-1 to L.111-7 of the Consumer Code, and in particular :
The essential characteristics of the Product; the price of the Products;
the date or deadline by which the Company undertakes to provide the Service;
information relating to the identity of the Company (postal, telephone and electronic contact details);
information relating to the legal and contractual guarantees and their implementation procedures;
the possibility of resorting to conventional mediation in the event of a dispute;
information relating to the right of withdrawal (deadline, procedures for exercising).