Terms and conditions

GENERAL TERMS AND CONDITIONS OF ONLINE SALE 

These general terms and conditions of sale (hereinafter the "GTC") are proposed by the company DANYBERD, a simplified joint-stock company with a capital of 37,500 euros, registered with the Trade and Companies Register (RCS) of Lyon under number 305 445 975, and whose registered office is located at 3 rue Vauban, 69006 Lyon (hereinafter the "Company"). The Company operates this website (hereinafter the "Site"). The Site offers customers the possibility to order a variety of products, mainly textile products (hereinafter the "Products").

1. APPLICATION AND ENFORCEABILITY OF THE GTC

The purpose of these GTC is to define all the conditions under which the Company markets the Products offered for sale on the Site to customers. They therefore apply to any order for Products placed on the Site by the customer. The customer declares having read and accepted these GTC before placing their order. The validation of the order therefore constitutes acceptance of these GTC. These are regularly updated, the applicable GTC are those in force on the Site on the date the order is placed. 

2. ORDERING PRODUCTS ON THE SITE

Before placing an order or when finalizing their order, the customer has the option to create an identification account on the Site so as not to have to re-enter their data for a subsequent order. It is the customer's responsibility to maintain the confidentiality and security of their login credentials. The customer must immediately inform the Company of any unauthorized use of their credentials. The Company cannot be held responsible for any loss or damage resulting from the customer's inability to protect their credentials. When placing an order, the customer selects the Products they wish to purchase, and can access their order summary at any time before confirming it. For any new order, the customer must enter their delivery information and delivery method. After entering their information and delivery method, the customer can proceed to payment for their basket via the payment methods offered on the Site. A clear and legible payment notice will appear on the order confirmation screen to ensure that the customer explicitly acknowledges their obligation to pay for the order. The Company sends an order confirmation by email to the customer, summarizing the elements of their order. The sending of this confirmation email formalizes the contractual commitment between the Company and the customer.

Shipping costs may seem higher, but this is justified by our commitment to offer quality products at competitive prices. We continuously strive to reduce these costs to better meet our customers' expectations.

To ensure optimal security for your order, Ad Valorem* insurance fees may be added to these rates. Please note that this insurance is not applicable for deliveries to pick-up points.

3. PRICE AND PAYMENT TERMS FOR THE ORDER

Prices are mentioned on the Site in the Product descriptions. The total amount is indicated in the order summary, before the customer accepts these GTC, validates their order, enters and validates their delivery details and, if applicable, billing details if they are different, and proceeds to payment. The full payment must be made on the day of the order by credit card, unless specific conditions expressly accepted by the Company apply.

The Site uses a secure payment system from a specialized online payment security provider. This system guarantees the customer complete confidentiality of their banking information. The credit card transaction, carried out between the customer and the secure system, is therefore fully encrypted and protected. 

The customer guarantees to the Company that they have the necessary authorizations to use the payment method chosen when placing the order.

The Company reserves the right to suspend or cancel any execution and/or delivery of an order, regardless of its nature and stage of execution, in case of non-payment or partial payment of any sum due by the customer to the Company, in case of payment incident, or in case of fraud or attempted fraud related to the use of the site and the payment of an order.

4. AVAILABILITY AND DELIVERY

 1. Product Availability

Product availability indications are provided at the time of placing the order. 

Errors or modifications may occur exceptionally, particularly due to an excessive number of orders for the same Product. 

In the event of Product unavailability after the order is placed, the Company will inform the customer as soon as possible, offering either to order another Product or to cancel the order and be refunded.

2. Product Delivery

Deliveries announced as "before 1 p.m. the next day" only apply if the order was placed before 11 a.m. In other words, if you order before 11 a.m., your package will arrive the next day before 1 p.m. However, if you place your order after 11 a.m., delivery may be delayed by an additional day.

The delivery zones to which the Products can be delivered are indicated on the Site during the order placement process. Outside these delivery zones, the Company will be entitled to refuse the order or to accept it after estimating the transport costs associated with this delivery.

In the event of delivery outside mainland France, the Customer is also required, as an importer, to pay all customs duties, taxes, or other fees levied upon the arrival of the Products. In the event of the customer refusing to pay these amounts, causing the package to be returned, the return costs and penalties charged by Chronopost will be deducted from the refunded amount.

In case of delivery delay due to unforeseeable circumstances, the customer is invited to contact the Company to find out the additional time needed for delivery. If delivery is not made by the end of the additional period communicated, the customer may cancel their order by contacting the Company in writing. The customer will then be refunded no later than fourteen days from the receipt of the cancellation request by the Company.

However, the customer must ensure that the delivery information provided to the Company is and remains correct, and that it remains so until complete receipt of the ordered Product(s). The customer therefore undertakes to inform the Company of any change in contact details that may occur between the order by sending, without delay, an email to the customer service email address. Failing this, in case of delay and/or error, the customer cannot in any case hold the Company responsible for the failure or delay in delivery.

Upon receipt or collection of the package (especially at a relay point), it is the Customer's responsibility to check the condition of the packaging as well as the conformity and number of items delivered. If the package is damaged, reconditioned, or opened, the Customer is strongly advised to refuse it to the carrier or the relay point. If the Customer nevertheless decides to accept it, they must imperatively make precise, dated, and reasoned handwritten reservations on the delivery note or with the relay point agent (e.g., "Package received open, X items are missing"). The Customer must immediately take photos of the package and report the incident to the Company's Customer Service within a maximum of 3 working days following receipt. Failure to comply with these formalities and characteristic reservations upon delivery, the product will be deemed compliant and no claim related to spoilage or damage during transport will be accepted by the Company.

The Company will also not be liable if the non-receipt or delay in delivery of the Products is due to a force majeure event as defined by applicable law and competent courts.

5. CUSTOMER OBLIGATIONS

The customer undertakes to comply with the terms of these GTC. The customer undertakes to use the Site in accordance with the Company's instructions.

The customer agrees that they will only use the Site for their personal use, in accordance with these GTC. In this regard, the customer agrees to refrain from:

  • Using the Site in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these GTC.

  • Selling, copying, reproducing, renting, lending, distributing, transferring, or licensing all or part of the content on the Site, or decompiling, extracting, disassembling, modifying, displaying in a customer-readable form, attempting to discover any source code or using any software enabling or including all or part of the Site.

  • Attempting to gain unauthorized access to the Site's computer system or engaging in any activity that disrupts, degrades the quality, interferes with the performance, or impairs the functionality of the Site.

  • Using the Site for abusive purposes by intentionally introducing viruses or any other malicious program and attempting to gain unauthorized access to the Site.

  • Infringing the intellectual property rights of the Company and/or reselling or attempting to resell the Products to third parties.

  • Disparaging the Site and/or the Products as well as the Company on social networks and any other means of communication.

6. RIGHT OF WITHDRAWAL

In accordance with articles L.221-18 and following of the Consumer Code, the customer has a period of 14 clear days from the receipt of the last Product ordered on the Site to exercise their right of withdrawal, without having to justify reasons or pay any penalty.

To exercise their right of withdrawal, the customer must notify their decision to withdraw by means of an unambiguous statement, without justifying reasons. The customer may communicate their decision to withdraw to the Company by any means, in particular by sending it by mail to the Company at the following address: DANYBERD - 3 rue Vauban, 69006 Lyon or by using the contact form on the Site. The customer may also use the withdrawal form reproduced at the end of these GTC to exercise their right of withdrawal, if they wish.

The customer must return the Product(s) at their own expense and in the same condition as that in which they received them, and with all packaging elements, as soon as possible and no later than 14 days from the notification of the decision to withdraw from this contract, and to the address communicated by the Company to the customer upon receipt of the withdrawal request. The risks associated with return transport are the exclusive responsibility of the Customer. It is the Customer's responsibility to choose a mode of transport offering tracking and, if they wish, insurance adapted to the value of the goods. In the event of loss or theft of the package by the carrier chosen by the Customer, no refund can be made by the company DANYBERD, and it will be up to the Customer to initiate compensation procedures directly with their carrier.

In the event of customer withdrawal, the refund for the Product(s) subject to the right of withdrawal is made by the Company using the same payment method as that used for the initial transaction, unless the customer expressly agrees to a different method. In any case, this refund will not incur any costs for the customer. The refund is made as soon as possible, and no later than 14 days from the receipt of the Products by the supplier or from proof of shipment of the Products provided by the customer to the Company. In accordance with Article L. 221-24 of the Consumer Code, the company DANYBERD reserves the right to defer this refund until the effective recovery of the products at its premises, or until the Customer has provided irrefutable proof of the effective delivery of the goods to our address.

In accordance with article L.221-23 of the Consumer Code, the customer is informed that a partial refund may be applied due to a depreciation of the Product(s), returned following the exercise of their right of withdrawal, resulting from handling by the customer other than those necessary to establish the nature, characteristics, and proper functioning of the Products.

7. LIABILITY

The Company implements all appropriate measures to ensure the customer the supply of quality Products under optimal conditions. However, it cannot under any circumstances be held liable for any damage attributable either to the customer, or to the unforeseeable and insurmountable act of a third party unrelated to the contract, or to a case of force majeure. 

The Site may contain links to other sites not published or controlled by the Company, which cannot be held responsible for the operation, content, or any element present or obtained through these sites.

Before any use of the Site, the customer must ensure that they have the technical and computer means allowing them to use the Site and order the Products from the Site, and that their browser allows secure access to the Site. The customer must also ensure that the computer configuration of their hardware/equipment is in good condition and does not contain viruses.

8. PERSONAL DATA

The use of the Site and the ordering of Products lead to the collection and processing of personal data relating to the users of the Site and customers by the Company. 

These collection and processing operations are carried out in accordance with the privacy policy available on the Site.

9. INTELLECTUAL PROPERTY

All elements of this Site and the Site itself are protected by copyright, trademark law, design and model rights and/or all other intellectual property rights. These elements are the exclusive property of the Company. All these rights are reserved worldwide.

The Company's name and brand, logos, designs and models, stylized letters, figurative marks, and all signs represented on this Site are and will remain the exclusive property of the Company.

No title or right whatsoever to any element or software will be obtained by downloading or copying elements from this Site. It is formally forbidden for the customer to reproduce (except for personal and non-commercial use), publish, edit, transmit, distribute, show, remove, delete, add to this Site and the elements and software it contains, nor to modify them or carry out any work based on them, nor to sell or participate in any sale related to this Site, the elements of this Site or any software relating thereto.

Any use by the customer of the corporate names, trademarks, and distinctive signs belonging to the Company is strictly prohibited except with the express prior agreement of the Company.

10. APPLICABLE LAW AND JURISDICTION

In connection with these GTC, they are governed and interpreted in accordance with French law. The customer is nevertheless informed that this does not prevent them from benefiting from the protection afforded by the mandatory provisions of their country of residence.

In the event of a dispute that may arise concerning the interpretation and/or execution of these T&Cs, or in connection therewith, the user may decide to submit the dispute with the Company to a conventional mediation procedure or any other alternative dispute resolution method.The consumer mediator appointed by the Company can be contacted via the following address: https://www.mediationconso-ame.com/

The customer can also visit the European consumer dispute resolution platform set up by the European Commission at the following address, which lists all accredited dispute resolution bodies in France: https://webgate.ec.europa.eu/odr/.

Should this mediation procedure fail, or if the client wishes to refer the matter to a court, the rules of the Civil Procedure Code will apply.

 

APPENDIX A - WITHDRAWAL FORM

For the attention of DANYBERD - 3 rue Vauban, 69006 Lyon 

I hereby notify you of my withdrawal from the contract for the sale of the Product or the

Product Reference:

___________________________________________________________________________

Invoice No.: [_________________________________]

Ordered on [____________]*/received on [________________]*

Payment method used: __________________________

Customer name and, if applicable, beneficiary of the order:

________________________________________________

Customer address:

_________________________________________________________________________________

Delivery address: _________________________________________________________________________________

Date: [__________________]

Customer's signature (except in case of email transmission)

 

APPENDIX B - INFORMATION ON LEGAL GUARANTEES

Online purchases cannot be exchanged in-store. Therefore, we invite you to follow our online procedure for any exchange or refund request. You have 14 days from the receipt of your order to return items that do not suit you. 

Products must be in their original condition, unworn, unused, unwashed, with all tags attached and in their original packaging, including the delivery box. Any depreciation of the products resulting from handling other than what is necessary to establish the nature, characteristics, or proper functioning of the products may engage your liability and lead to the return or exchange being ineligible.  

Upon receipt of your order, make sure to check the entirety of your order and its conformity. In case of damage or missing products, please contact us immediately upon receipt of your order. 

The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.

The legal guarantee of conformity gives the consumer the right to have the goods repaired or replaced within thirty days following their request, free of charge and without major inconvenience.

If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.

If the consumer requests the repair of the goods, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.

The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by being fully reimbursed against return of the goods, if:

1° The professional refuses to repair or replace the goods;

2° The repair or replacement of the goods occurs after a period of thirty days;

3° The repair or replacement of the goods causes a major inconvenience for the consumer, especially when the consumer permanently bears the costs of taking back or removing the non-conforming goods, or if they bear the costs of installing the repaired or replacement goods;

4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.

The consumer also has the right to a price reduction or termination of the contract when the lack of conformity is so serious that it justifies an immediate price reduction or termination of the contract. The consumer is then not required to request the repair or replacement of the goods beforehand.

The consumer does not have the right to terminate the sale if the lack of conformity is minor.

Any period during which the goods are immobilized for repair or replacement suspends the remaining warranty period until the delivery of the repaired goods.

The above-mentioned rights result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code.

A seller who maliciously obstructs the implementation of the legal guarantee of conformity incurs a civil fine of a maximum of 300,000 euros, which can be increased to up to 10% of the average annual turnover (article L. 241-5 of the French Consumer Code).

The consumer also benefits from the legal guarantee against hidden defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles them to a price reduction if the goods are kept or a full refund against return of the goods.