Terms and conditions

GENERAL TERMS AND CONDITIONS OF ONLINE SALE

These general terms and conditions of sale (hereinafter the “GTC”) are offered by the company DANYBERD, a simplified joint-stock company with a share capital of 37,500 euros, registered with 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 of ordering a variety of products, mainly textile products (hereinafter the “Products”).

1. APPLICATION AND ENFORCEABILITY OF THE GTC

The purpose of these General Terms and Conditions is to define all the conditions under which the Company markets the Products as 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 to have read and accepted these General Terms and Conditions before placing their order. Validation of the order therefore constitutes acceptance of these General Terms and Conditions. These are regularly updated; the applicable General Terms and Conditions 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 his order, the customer has the option of creating an identification account on the Site so as not to have to enter his data again during a future order. It is the customer's responsibility to maintain the confidentiality and security of his login credentials. The customer must immediately inform the Company of any unauthorized use of his credentials. The Company cannot be held responsible for any loss or damage resulting from the customer's inability to protect his credentials. When placing an order, the customer selects the Products he wishes to purchase, and can access the summary of his order at any time before confirming it. For any new order, the customer must enter his delivery information and delivery method. After entering his information and delivery method, the customer can proceed to pay for his basket via the payment methods offered on the Site. A clear and legible payment notice will appear in the order confirmation screen to ensure that the customer explicitly acknowledges his obligation to pay for the order. The Company sends an order confirmation by email to the customer, including the details of the order summary. Sending 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 offering quality products at competitive prices. We continually strive to reduce these costs to better meet our customers' expectations.

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

3. PRICE AND CONDITIONS OF PAYMENT OF 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 General Terms and Conditions, validates their order, enters and validates their delivery details and, if applicable, their billing details if they are different, and proceeds to payment. Payment in full must be made on the day of the order by credit card unless special conditions are expressly accepted by the Company.

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

The customer guarantees to the Company that he has 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 level of execution, in the event of non-payment or partial payment of any amount owed by the customer to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an order.

4. AVAILABILITY AND DELIVERY

1. Availability of Products

Product availability information is provided at the time the order is placed.

Errors or modifications may occur exceptionally, particularly due to too many orders for the same Product.

In the event that a Product is unavailable after an order has been placed, the Company will inform the customer as soon as possible, offering to order another Product or to cancel the order and receive a refund.

2. Delivery of Products

Deliveries advertised 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 following day before 1 p.m. However, if you order after 11 a.m., delivery may be delayed by an additional day.

The delivery areas to which the Products can be delivered are indicated on the Site during the ordering process. Outside of these delivery areas, 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 importer, to pay all customs duties, taxes or other charges levied upon arrival of the Products.

In the event of a delivery delay due to unforeseeable circumstances, the customer is invited to contact the Company to find out the additional time required for delivery. If delivery is not made within the specified additional time, the customer may cancel their order by contacting the Company in writing. The customer will then be reimbursed no later than fourteen days from the Company's receipt of the cancellation request.

The customer must, however, ensure that the delivery information provided to the Company is and remains correct, and that it remains so until full receipt of the Product(s) ordered. 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 a delay and/or error, the customer may under no circumstances hold the Company liable for the failure or delay in delivery.

The Company shall 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 the competent courts.

5. CUSTOMER OBLIGATIONS

The customer agrees to comply with the terms of these General Terms and Conditions. The customer agrees to use the Site in accordance with the Company's instructions.

The customer agrees to use the Site only for their personal use, in accordance with these General Terms and Conditions. In this regard, the customer agrees to refrain from:

• To use the Site in any illegal manner, for any illegal purpose or in any manner incompatible with these T&Cs.

• To sell, copy, reproduce, rent, lend, distribute, transfer or license all or part of the content appearing on the Site or to decompile, extract, disassemble, modify, display in a customer-readable form, attempt to discover any source code or use any software activating or comprising all or part of the Site.

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

• To use the Site for abusive purposes by deliberately introducing viruses or any other malicious program and to attempt to gain unauthorized access to the Site.

• To infringe the Company’s intellectual property rights and/or to resell or attempt to resell the Products to third parties.

• To denigrate 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 et seq. 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 provide reasons or pay a penalty.

To exercise his right of withdrawal, the customer must notify his decision to withdraw by means of an unambiguous statement, without providing reasons. The customer may communicate his decision to withdraw to the Company by any means, in particular by sending it by post 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, if he wishes, the withdrawal form reproduced at the end of these General Terms and Conditions to exercise his right of withdrawal.

The customer must return the Product(s) at his own expense and in the same condition in which he received them, and with all packaging elements, as soon as possible and at the latest within 14 days from 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.

In the event of withdrawal by the customer, the reimbursement of the Product(s) which was/were the subject of the right of withdrawal is made by the Company by the same means of payment as that used for the initial transaction, unless the customer expressly agrees to a different means. In any event, this reimbursement will not incur any costs for the customer. The reimbursement will be 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 supplied by the customer to the Company.

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 his 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. RESPONSIBILITY

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

The Site may contain links to other sites not edited 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 he or she has the technical and IT resources to use the Site and order the Site's Products, and that his or her browser allows secure access to the Site. The customer must also ensure that the computer configuration of his or her hardware/equipment is in good condition and does not contain any viruses.

8. PERSONAL DATA

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

These collection and processing operations are carried out in accordance with the confidentiality 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 of 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 material or software shall be obtained by downloading or copying material from this Site. The customer is expressly prohibited from reproducing (other than for his/her personal and non-commercial use), publishing, editing, transmitting, distributing, showing, removing, deleting, adding to this Site and the material and software contained therein, nor modifying them or making any work based on them, nor selling or participating in any sale in connection with this Site, the material on this Site or any software relating thereto.

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

10. APPLICABLE LAW AND JURISDICTION

These General Terms and Conditions are governed by and interpreted in accordance with French law. However, the customer is informed that this does not prevent them from benefiting from the protection afforded to them by the mandatory provisions of their country of residence.

In the event of a dispute that may arise in connection with the interpretation and/or execution of these Terms and Conditions or in relation to these General Terms and Conditions, 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 the dispute resolution bodies approved in France: https://webgate.ec.europa.eu/odr/.

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

ANNEX A - WITHDRAWAL FORM

To 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: __________________________

Name of the customer and, where applicable, the beneficiary of the order:

________________________________________________

Customer address:

_________________________________________________________________________________

Delivery address : _________________________________________________________________________________

Date : [__________________]

Customer signature (except in the case of transmission by email)

APPENDIX B - INFORMATION ON LEGAL GUARANTEES

Purchases made online cannot be exchanged in-store. Therefore, we encourage you to follow our online procedure for any exchange or refund requests. You have 14 days from the date of receipt of your order to return any items that are not suitable.

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

Upon receipt of your order, be sure to check that it is complete and correct. In case of damage or missing items, please contact us as soon as you receive your order.

The consumer has a period of two years from delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance 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 on which it appeared.

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

If the product is 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 obtaining a full refund upon return of the goods, if:

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

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

3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of recovery or removal of the non-compliant good, or if he bears the costs of installation of the repaired or replacement good;

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

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

The consumer is not entitled to cancel the sale if the lack of conformity is minor.

Any period of immobilization of the property for the purpose of repair or replacement suspends the warranty which remained to run until delivery of the repaired property.

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

A seller who, in bad faith, obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover (Article L. 241-5 of the Consumer Code).

The consumer also benefits from the legal guarantee against hidden defects pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the item is kept or to a full refund upon return of the item.