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 share capital of 37,500 euros, registered in the Lyon Trade and Companies Register (RCS) under number 305 445 975, and whose registered office is located at 3 rue Vauban, 69006 Lyon (hereinafter the "Company"). The Company publishes 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 of Products placed on the Site by the customer. The customer declares to have read and accepted these GTC before placing their order. 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 of placing the order. 

2. ORDERING PRODUCTS ON THE SITE

Before placing an order or when finalizing an order, the customer has the option of creating an identification account on the Site so that they do not 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 a summary of their order 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 pay for their basket using the payment methods offered on the Site. A clear and legible payment mention will appear on the order confirmation screen to ensure that the customer explicitly acknowledges their payment obligation for the order. The Company sends an order confirmation email to the customer, including the details of their order summary. The sending of this confirmation email formalizes the contractual commitment between the Company and the customer.

Delivery costs may seem higher, but this is justified by our commitment to offering 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 relay points.

3. PRICE AND PAYMENT CONDITIONS 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 with payment. Full payment must be made on the day of the order by bank card, unless special conditions are expressly accepted by the Company.

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

The customer guarantees to the Company that they have the necessary authorizations to use the chosen payment method 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 the event of non-payment or partial payment of any sum due by the customer to the Company, in the event of a payment incident, or in the event 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 order placement. 

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

In the event of product unavailability after an order has been 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 an order after 11 a.m., delivery may be delayed by an additional day.


The delivery zones for which 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 accept it after estimating the transportation costs associated with this delivery.

In the case of delivery outside mainland France, the Customer is also obliged, as the importer, to pay all customs duties, taxes or other charges levied at the time of arrival of the Products. In the event of refusal to pay these sums by the customer leading to the return of the package, the return costs and penalties charged by Chronopost will be deducted from the refunded amount.

In the event of a delivery delay due to unforeseeable circumstances, the customer is invited to contact the Company to ascertain the additional time required 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 reimbursed at the latest within fourteen days from 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 full receipt of the ordered Product(s). The customer therefore undertakes to inform the Company of any change of contact details that may occur between the order by sending, without delay, an email to the customer service email address. Failing this, in the event of delay and/or error, the customer may under no circumstances hold the Company responsible for the failure or delay in delivery. 

The Company will also not be responsible if the non-receipt or delay in delivery of the Products is due to an event of force majeure 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 use the Site only 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 sublicensing 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, or interferes with the performance or 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 receipt of the last Product ordered on the Site to exercise their right of withdrawal, without having to give reasons or pay a penalty.

To exercise their right of withdrawal, the customer must notify their decision to withdraw by means of an unequivocal statement, without giving reasons. The customer may communicate their decision to withdraw to the Company by any means, notably 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, if they wish, use the withdrawal form reproduced at the end of these GTC to exercise their right of withdrawal.

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 at the latest within 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 that offers tracking and, if desired, insurance appropriate 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 the compensation procedures directly with their carrier.

In the event of customer withdrawal, the refund for the Product(s) subject to the right of withdrawal will be 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 event, this refund will not incur any costs for the customer. The refund is made as soon as possible, and at the latest 14 days from 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 actual recovery of the products at its premises, or until the Customer has provided irrefutable proof of the actual 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 depreciation of the Product(s) returned following the exercise of their right of withdrawal, resulting from handling by the customer other than that necessary to establish the nature, characteristics, and proper functioning of the Products.

7. LIABILITY

The Company implements all appropriate measures to ensure the customer receives 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 using the Site, the customer must ensure that they have the technical and computer means 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 equipment is in good condition and does not contain any 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 law and/or any 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, 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. The customer is formally prohibited from reproducing (except for personal and non-commercial use), publishing, editing, transmitting, distributing, displaying, removing, deleting, adding to this Site and the elements and software it contains, nor from modifying them or performing any work based on them, nor from selling or participating in any sale related to this Site, the elements of this Site, or any software related thereto.

Any use by the customer of the trade names, trademarks and distinct signs belonging to the Company is strictly prohibited except with the express prior consent of the Company.

10. APPLICABLE LAW AND JURISDICTION

These GTC 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 provided by the mandatory provisions of their country of residence.

In the event of a dispute likely to arise during the interpretation and/or execution of these terms or in connection with these GTCU, 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 designated 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 approved dispute resolution bodies in France: https://webgate.ec.europa.eu/odr/.

In the event of failure of this mediation procedure or if the customer wishes to seize a court, the rules of the Code of Civil Procedure will apply.

 

APPENDIX A - WITHDRAWAL FORM

To 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's name and, if applicable, the beneficiary of the order:

________________________________________________

Customer address:

_________________________________________________________________________________

Delivery address: _________________________________________________________________________________

Date: [__________________]

Customer signature (except for email transmission)

 

APPENDIX B - INFORMATION ON LEGAL GUARANTEES

Purchases made online 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 shipping box. Any depreciation of the products resulting from handling other than that necessary to establish the nature, characteristics or proper functioning of the products may engage your liability and result in the non-eligibility of the return or exchange.

Upon receipt of your order, please check the entirety of your order as well as 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 defect in conformity. During this period, the consumer is only required to establish the existence of the defect in conformity and not the date of its appearance.

The legal guarantee of conformity gives the consumer the right to repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience to them.

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 can obtain a reduction in the purchase price by keeping the goods or terminate the contract by being fully reimbursed against the 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 to the consumer, particularly when the consumer definitively 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 reduction in the price of the goods or to the termination of the contract when the defect in conformity is so serious that it justifies an immediate price reduction or contract termination. The consumer is then not obliged to request the repair or replacement of the goods beforehand.

The consumer does not have the right to terminate the sale if the defect in conformity is minor.

Any period of immobilization of the goods for repair or replacement suspends the remaining warranty until the delivery of the repaired goods.

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

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

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