General Terms and Conditions of Sale
and of Use
The law governing the terms and conditions of sale/use is French law. Any dispute that may arise between the company and a user during the performance of these terms shall be subject to an attempt at amicable resolution. Failing this, disputes shall be submitted to the competent courts under ordinary law.
If you have any doubt or question about our general terms and conditions of sale, please feel free to call us at 01 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, SOLE PROPRIETORSHIP, with its registered office at PARIS (75001) 330-320 rue Saint-Honoré, registered in the Trade and Companies Register of PARIS under number 342 916 657 000 71, whose VAT number is FR 9034291665 represented by Ms. Valérie DANENBERG. (hereinafter the «company”). The company sells the following products to its customers via its website: Jewelry.
Any adult natural person acting exclusively within the strict framework of their personal needs, who consults the website www.danenberg.fr and makes a purchase from Valérie Danenberg.
Preamble
The company invites users to carefully read these general terms and conditions of sale and use (hereinafter referred to as the GTC/GUC). Any purchase implies acceptance of the Terms and Conditions (T&C). The product characteristics are indicated on the website. It is the customer's responsibility to take them into account before making a purchase. The photographs or graphics presented on the website are non-contractual. The customer acknowledges having read and accepted them by checking the box provided for this purpose before placing an online order. The T&Cs (Terms and Conditions of Sale / Terms of Use) govern the conditions under which the company sells its products to its professional and consumer customers via its website. They apply to all sales concluded by the company and take precedence over any conflicting document, notably the customer's general conditions of purchase. They are systematically communicated to any customer who requests them. In the event of a subsequent modification of the T&Cs, the customer is subject to the version in force at the time of their order.
Legal Notice
ACCOMMODATION
The website www.danenberg.fr is hosted by OVH, SAS with a capital of 10,069,020 euros, registered in the RCS Lille Métropole under number 424 761 419 00045, whose VAT number is FR 22 424 761 419 and whose registered office is located at 2 rue Kellermann – 59100 Roubaix – France.
PHOTO CREDIT
Didier Crété
Régine Mahaux
Terms and Conditions of Online Sale
DEFINITIONS
«Client» means the professional or consumer who has placed an order for a product sold on the website; «Order» means any order placed by the user registered on this site; «General Conditions of Sale and Use» or «GCS/GCU» means these general conditions of online use and sale; «Consumer» means the individual buyer who is not acting for professional purposes and/or outside their professional activity; «Products» means tangible items that can be owned and are offered for sale on this site; «Professional» means the corporate or individual buyer acting within the scope of their professional activity; «Site» means this site, namely http://www.danenberg.fr; «Company» means the company Valérie Danenberg. «User» means any person who uses the site.
INSCRIPTION
Registration on the site is open to all legal entities or natural persons of legal age who enjoy full legal capacity and status. The use of the site is conditional upon the registration of a user. Registration is free of charge. To proceed with registration, the user must fill in all mandatory fields; otherwise, the registration cannot be completed.
Users warrant and solemnly declare that all information provided on the site, particularly during registration, is accurate and compliant. They undertake to update their personal information from the page dedicated to this purpose available in their account. Every registered user has a username and a password. These are strictly personal and confidential and must under no circumstances be disclosed to third parties, failing which the account of the offending registered user will be deleted. Each registered user is
personally responsible for maintaining the confidentiality of their username and password. The company shall not be held liable under any circumstances for the identity theft of a User. If a user suspects fraud at any time, they must contact the company as soon as possible so that the latter can take the necessary measures and regularize 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 General Terms and Conditions of Sale (GTC/GTU), notably the creation of multiple accounts for a single person or the provision of false information, the company reserves the right to proceed with the temporary or permanent deletion of all accounts created by the offending user. The deletion of the account entails the permanent loss of all benefits and services acquired on the site. However, any order placed and invoiced by the site prior to the deletion of the account will be fulfilled under normal conditions. In the event of an account deletion by the company for failure to fulfill the duties and obligations set forth in the GTC/GTU, the offending user is strictly prohibited from re-registering on the site directly, through another email address, or via an intermediary without the express authorization of the company.
Order
ORDER CONDITIONS
You declare: That you are at least 18 years old and have the legal capacity necessary to place and fulfill any order, or that you hold parental authorization allowing you to place and fulfill any order and are able to justify this at any time upon our simple request; that you are an individual acting for your personal needs.
PLACE ORDER
You can choose to place your order: Directly on the website or by phone with our customer service at 01 42 60 19 59 or by credit card, bank transfer or ALMA payment (payment in up to 4 installments free of charge for a maximum amount of €3,000).
SPECIFIC PROVISIONS APPLICABLE TO PLACING AN ORDER ON THE WEBSITE
Any order can only be placed when the user registers on the site. When logged into their account, the user can add products to their virtual cart. They can then access their virtual cart summary to confirm the products they wish to order and place their order by clicking the “Order” button. They must provide a valid address, delivery method, and payment method in order to finalize the order and validly form the sales contract between them and the company. Finalization 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 email. This confirmation will summarize the order and relevant delivery information. Placing an order constitutes the conclusion of a distance selling contract between the company and the customer.
Products and Prices
MANUFACTURING OF PRODUCTS
Valérie Danenberg does her utmost to ensure that her online catalog 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. Since every computer is configured differently, their color may also vary. Our goal is to give you as much information and detail as necessary so that you can feel like you know your product before you even have it in your possession. However, the displayed stone weight may vary by 0.15 carats from the actual weight of the same stone. The weight of the setting may vary depending on the ring size, with a difference of up to 0.50 carats depending on the model, which impacts the price. The gold weight may vary depending on the ring size by approximately plus or minus 5 grams depending on the model, which is reflected in the price. As our manufacturing is artisanal and handmade, it is possible that certain measurements and weights indicated on our product pages differ slightly from the actual product you will receive. The products subject to the Terms and Conditions of Sale/Use are those that appear on the site 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 stock limits. The latter cannot be held responsible for out-of-stock items or the impossibility of selling a product whose stock is nonexistent.
When a registered user wishes to purchase a product sold by the company through the website, the price indicated on the product page corresponds to the price in euros, all taxes included (TTC), excluding shipping costs, and takes into account applicable discounts in effect on the day of the order. The indicated price does not include delivery charges, which will be detailed, if applicable, in the summary before placing the order. Fees will apply for any delivery outside the European zone.
If the total cost of the products cannot be calculated in advance, the company will send the customer a detailed quote setting out the price calculation formula. All orders are payable in euros. Under no circumstances may a user demand the application of discounts that are no longer in effect 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 based on the rates in effect at the time your order is registered.
An invoice for your order is issued when your order is shipped. It can also be requested by phone or email from Valérie Danenberg's customer service.
TERMS OF PAYMENT
Unless otherwise stipulated, all sales are payable in cash at the time the order is placed. Depending on the nature or amount of the order, the Company remains free to require a down payment or payment of the full price when the order is placed or upon receipt of the invoice.
Payment can be made by:
– Bank transfer
- Species
– Credit card via secure connection – 4x interest-free (maximum cart €3,000)
In the event of total or partial non-payment of the products by the agreed date on the invoice, the business customer shall pay the company a late payment penalty at a rate equal to the rate applied by the European Central Bank to its refinancing operation plus 10 percentage points. The refinancing operation used shall be the most recent one as of the date of the order for services. In addition to the late payment penalties, any sum, including the down payment, not paid by its due date by the business customer shall automatically entail the payment of a fixed fee of 40 euros due for collection costs. No set-off may be made by the customer between late penalties for the supply of ordered products and sums owed by the customer to the company for the purchase of products offered on the website.
POTENTIAL ERRORS
The information and prices displayed on the site may be incorrect due to system errors, typos, or data entry mistakes. We do our utmost to prevent errors, but they may still occur. We do not honor orders with incorrect information or prices. If the displayed price is lower than the actual price of the product, we will contact you by email to either cancel the order or provide you with instructions for paying the price difference.
NON-NEGOTIABLE PRICES
The prices of our products are non-negotiable because we have a very fair pricing policy and operate on 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 French artisanal manufacturing and the prices of the premium raw materials we select for you, such as gold and gemstones.
Delivery
The manufacturing time for each piece of jewelry is 6 to 8 weeks.
The products are shipped with declared value via postal service and insured by us in the following geographic zones:
– Metropolitan France
– Corsica
The company undertakes to provide all material and human efforts to deliver the products as quickly as possible. These may vary depending on the customer's geographical area, the chosen delivery method, or the product ordered. In the event that delivery is impossible due to an error in the address provided by the customer, the company will contact the customer as soon as possible to obtain a new delivery address, and any additional delivery charges will be borne by the customer.
Furthermore, the company cannot be held liable for reasons related to exceeding delivery deadlines:
During periods of high demand, such as the end-of-year holiday season, for delays caused by force majeure events, meaning due to the occurrence of an unforeseeable, irresistible event beyond its control, or for acts exclusively attributable to the carrier responsible for delivery.
Delivery is carried out, depending on the customer's choice and according to the prices indicated on the website, to the address indicated by the customer when placing the order by standard mail, or at the company's store chosen by the customer at the time of the order.
PROPERTY - RISKS
The transfer of ownership and risk of the jewelry shall take place upon delivery of the products. However, in the event that: (i) Your package is returned to us by the carrier because the address was incorrect or you failed to claim it within the allotted time, (ii) You failed to respond to telephone calls, voicemails, and emails notifying you of the situation (particularly if the email addresses and telephone numbers you provided to us are incorrect), and we were therefore unable to reach you for a period of 4 months from the shipping date of the package, The company shall claim ownership of the products and may dispose of them freely. The company shall retain the down payments made for the manufacture of the jewelry upon ordering, and you agree to have no recourse to recover the sums paid or the unclaimed products. Certain measurements indicated on our product pages differ slightly from the actual product you will receive.
Returns and Exchanges
CLAIMS / RETURNS
For all orders placed on this website, the customer has a 14-day right of claim from the delivery of the product. It is their responsibility to check the apparent condition of the products upon delivery. In the absence of reservations expressly made upon delivery, the products are deemed to comply with the order.
To exercise this right of complaint, the customer must send a declaration to the company at the address [email protected], expressing their reservations and complaints, accompanied by the relevant supporting documents (receipt slip countersigned by the carrier, photographs, etc.).
A claim that does not comply with the conditions described above cannot be accepted.
In the event of a return for a refund, the return shipping costs and insurance fees are covered by the company. To do this, your package must be returned using the shipping label provided by the company from one of the following countries: Metropolitan France & French Overseas Departments and Territories (DOM-TOM) and all of Europe. Upon receipt of your piece of jewelry, we will verify that it is in perfect condition, and then acknowledge receipt of the piece. Afterward, we will refund the amount 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 returns provided for above will only be accepted by the company and give rise to a refund or exchange if:
(I) the return process described by our advisors and on our website has been followed; (II) the products are returned to us in perfect condition, you may of course try it on and see if it fits you, and if not, return it to us without wearing it so that it remains intact and free of any scratches or other damage.
Thus, items returned incomplete, damaged, spoiled or soiled will under no circumstances be accepted for return. In particular, products showing scratches, even minor ones, can never be returned. (III) Our specialists will inspect closely to ensure that the frame and the stone, or any other constituent element of the product, fully comply with the product sent to you, without damage, modification, or intervention of any kind; (IV) products must be returned to us in their original packaging, complete (original certificate provided if applicable, packaging including gift box, case, etc.)
We also specify that:
Returns are only possible for a single product per order. Products that have been modified or customized in any way upon your request (in particular, a change in stone size or stones of different colors from what is visible in our online catalog) can no longer be refunded or exchanged. Returns are not possible for jewelry that has been engraved by the company Valérie Danenberg.
RESIZING
Up to thirty (30) days after the delivery date, you have the option to return the ordered products to us to have your jewelry resized.
To do this, you must inform Valérie Danenberg's customer service by email at [email protected] of your decision before returning the products to us, indicate the new size requested, and follow the exact return process that we will provide. Your request for resizing is only effective once the company acknowledges receipt in writing of your return request. If you return the products to us for resizing, the return, insurance, and reshipping costs are covered by our House, provided that your package has been returned using the prepaid label provided by the company from one of the following countries: Metropolitan France and French Overseas Departments and Territories (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 maximum timeframe for resizing is 4 (four) weeks.
Traditional resizing can be done by a maximum of two sizes up or down only when the ring band is thin and not set with stones. When it comes to a diamond-set band, it is only possible to reduce or add one size because on full-eternity set rings, we keep a small unset space at the back of the band in order to be able to perform this operation.
In all other cases, these are custom size adjustments requiring an estimated quote for the weight of gold to be added. Depending on the model, it will only be possible to increase or decrease the size by half a size to one size.
CONDITIONS FOR ACCEPTING SIZE MODIFICATIONS
The size adjustments provided for above will only be covered by the company if: (I) the return process described by our advisors and on our website has been followed; (II) the products are returned to us in perfect condition, unworn. Consequently, items returned incomplete, damaged, spoiled, or soiled cannot be resized. In particular, products showing scratches, even minor ones, cannot be resized. (III) Our specialists confirm that the setting and the stone, or any other constituent element of the product, do indeed conform to the product that was sent to you, without damage, modification, or intervention of any kind.
We also specify that:
Products that have been custom or specifically modified at your request (in particular, a change in the size of the stone or stones of different colors than what is visible on our online catalog) cannot be resized. Likewise, certain special products cannot be resized. Resizing is not possible for an order with a delivery address outside the European Union.
CONSUMER RIGHT OF WITHDRAWAL
The consumer has a 14-day right of withdrawal from the day the order was placed, except for the products mentioned in Article L.121-21-8 of the Consumer Code.
To exercise this right of withdrawal, the consumer must send a statement to the address: [email protected]. The products must be returned in their original packaging and in perfect condition within 48 hours of notifying the company of the withdrawal. The direct costs of return remain the responsibility of the consumer. They will be refunded all amounts paid for their order within 30 days of the company becoming aware of their withdrawal statement. The refund will be made using the same payment method used for the purchase.
TRANSFER OF RISK AND TITLE
The company retains ownership of the products sold until full payment of the price by the customer. It may therefore repossess the products in the event of non-payment. In this case, the deposits paid shall remain acquired by the company as compensation.
For professional customers, the transfer of risk to the customer occurs as soon as the goods are handed over to the carrier by the company. For consumer customers, the transfer of risk occurs upon delivery or when collecting the goods in store when the customer has chosen in-store pickup.
LEGAL GUARANTEES
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 that comply with the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter was charged to them under the contract or was carried out under their responsibility.”
Article L.211-5 of the Consumer Code: “To be in conformity with the contract, the good must:
1. Be fit for the use usually expected of a similar good and, where applicable: correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model; exhibit the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or their representative, notably in advertising or labeling.
2. Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.”
MODIFICATIONS
The company reserves the right to modify the website, the terms and conditions of sale/use (T&C), as well as any delivery procedure or other constituent element of the services provided by the company through this website.
When an order is placed, the user is subject to the terms and conditions set forth in the Terms of Sale/Terms of Service in effect at the time the order is placed.
PROCESSING OF PERSONAL DATA
Registration on the website entails the processing of the customer's personal data. If the customer objects to the processing of their data, they are asked to refrain from using the website.
This processing of personal data is carried out in compliance with the General Regulation
on data protection 2016/679 of April 27, 2016. Furthermore, in accordance with the Data Protection Act of January 6, 1978, the customer has the right at any time to query, access, rectify, modify, and object to all of their personal data by writing, by mail and proving their identity, to the following address: [email protected]
This personal data is necessary for processing their order and issuing their invoices where applicable, as well as for improving the site's functionality.
Sharing of Collected Data
The site may use third-party companies to perform certain operations. By browsing the site, the customer agrees that third-party companies may have access to their data to ensure the proper functioning of the site.
These third-party companies only have access to the collected data to the extent necessary to perform a specific task. The website remains responsible for the processing of this data. Furthermore, the user may therefore receive information or commercial offers from the company or its partners. The user may at any time object to receiving these commercial offers by writing to the company's address indicated above, or by clicking on the link provided for this purpose in the emails received. In addition, customer information may be transmitted to third parties without their prior express consent in order to achieve the following purposes:
Comply with the law protecting everyone against serious bodily injury or death, combat fraud or harm to the company or its users, and protect the company's property rights.
DATA PROTECTION
The company ensures an appropriate level of security proportionate to the risks incurred and their probability, in accordance with the General Data Protection Regulation 2016/679 of April 27, 2016.
However, these measures do not constitute a guarantee in any way and do not bind the company to an obligation of result regarding data security.
COOKIES
To allow its users to benefit from optimal browsing on the site and better functioning of the various interfaces and applications, the company may place a cookie on the user's computer. This cookie makes it possible to store information relating to browsing on the site, as well as any data entered by users (in particular searches, login, email, password). The user expressly authorizes the company to place a file known as a «cookie» on the user's hard drive.
The user has the option to block, modify the retention period of, or delete this cookie via their browser interface. If the systematic disabling of cookies on the user's browser prevents them from using certain services or features of the site, this malfunction cannot under any circumstances constitute damage for the member, who may not claim any compensation on this basis.
RESPONSIBILITY
The company cannot be held liable under any circumstances for the temporary or permanent unavailability of the website, and although it deploys all its means to ensure the service continuously, it may be interrupted at any time. Furthermore, the company reserves the right, by a voluntary act, to make the website unavailable in order to carry out any update, improvement, or maintenance operation.
As previously mentioned herein, the company cannot under any circumstances be held liable for delivery delays due to reasons beyond its control, independent of its will, unforeseeable and irresistible, or for which it cannot be held at fault.
INTELLECTUAL PROPERTY
The brand, logo, and visual identity of this site are trademarks registered with the INPI and works of the mind protected by copyright, the ownership of which belongs exclusively to the company. Any distribution, exploitation, representation, or reproduction, whether partial or complete, without the express authorization of the company will subject the offender to civil and criminal prosecution.
jurisdiction clause
The law governing the terms and conditions of sale/use is French law. Any dispute that may arise between the company and a user during the performance of these terms shall be subject to an attempt at amicable resolution. Failing this, disputes shall be submitted to the competent courts under ordinary law.
ACCEPTANCE OF T&C / TOU
The customer or user expressly accepts the General Terms and Conditions of Sale/Use. The customer declares that they are aware of them and waives the right to rely on any other document, in particular their own general purchasing conditions. The consumer acknowledges having received 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 period by which the company undertakes to provide the service; information relating to the identity of the company (postal and telephone contact details,
electronics; ;
information relating to legal and contractual guarantees and the terms and conditions for their implementation; ;
the possibility of resorting to conventional mediation in the event of a dispute; information relating to the right of withdrawal (period, terms and conditions of exercise).