Terms and conditions
These general conditions of sale (hereinafter the “ CGV ”) are offered by the company DANYBERD, a simplified joint stock company with share capital of 37,500 euros registered in the Lyon trade and companies register (RCS) under number 305 445 975, and whose head 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 opportunity to order a variety of products, mainly textile products (hereinafter the “ Products ”).
1. APPLICATION AND ENFORCEMENT OF THE CGV
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 his 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 their order, the customer has the option of creating an identification account on the Site so as not to have to enter their data again the next time they order. It is the customer's responsibility to maintain the confidentiality and security of their login credentials. The customer must immediately notify 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 identifiers.
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 provide their delivery information and delivery method.
After having provided their information and delivery method, the customer can proceed to pay 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, including the elements of the order summary. Sending this confirmation email formalizes the contractual commitment between the Company and the customer.
3. PRICE AND PAYMENT CONDITIONS OF THE ORDER
The 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 his order, provides and validates his delivery details and, where applicable, billing details if they are different, and proceeds to payment. Full payment must be made on the day of the order by credit card unless special conditions are expressly accepted by the Company.
The Site uses the security system of a service provider specializing in online payment security. This system guarantees the customer total confidentiality of their banking information. The credit card banking transaction, carried out 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, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum which would be 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
- Availability of Products
Indications of Product availability are 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 of unavailability of the Product after placing the order, the Company will inform the customer as soon as possible, offering either to order another Product or to cancel the order and be reimbursed.
- Delivery of Products
The delivery areas for which the Products can be delivered are indicated on the Site during the order placement process. Outside of these delivery areas, the Company will be entitled to refuse the order or accept it after estimating the transport costs associated with this delivery.
In the event of a delay in delivery due to unforeseeable circumstances, the customer is invited to contact the Company to find out the additional time required for delivery. If there is no delivery at the end of the additional period communicated, the customer may cancel his 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.
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 which 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 cannot under any circumstances hold the Company responsible for the defect or delay in delivery.
The Company will also not be liable 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 the competent courts.
5. CUSTOMER OBLIGATIONS
The customer undertakes to respect the terms of these General Terms and Conditions. The customer undertakes to use the Site in accordance with the Company's instructions.
The customer agrees that he only uses the Site for his personal use, in accordance with these General Terms and Conditions. In this regard, the customer agrees to refrain:
- To use the Site in any illegal manner, for any illegal purpose or in any manner incompatible with these General Terms and Conditions.
- To sell, copy, reproduce, rent, lend, distribute, transfer or sublicense all or part of the content appearing on the Site or to decompile, extract, disassemble, modify, display in form readable by the customer, attempt to discover any source code or use any software activating or comprising all or part of the Site.
- Attempt to gain unauthorized access to the Site's computer system or engage in any activity that disrupts, diminishes the quality or interferes with the performance or deteriorates the functionality of the Site.
- To use the Site for abusive purposes by intentionally introducing viruses or any other malicious program and to attempt to gain unauthorized access to the Site.
- Infringe the intellectual property rights of the Company and/or 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.
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 his right of withdrawal, without having to justify reasons or to pay a penalty.
To exercise his right of withdrawal, the customer must notify his decision to withdraw by means of an unambiguous declaration, without providing reasons. The customer may communicate his decision of withdrawal 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 can 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 as that in which he received them, and with all the 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 have (have) been 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 agrees expressly in a different way. In any case, this reimbursement will not incur any costs for the customer. Reimbursement is made as soon as possible, and no later than 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.221-23 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 manipulations by the customer other than those necessary to establish the nature, characteristics and proper functioning of the Products.
7. RESPONSIBILITY
The Company implements all measures to ensure that the customer is supplied, under optimal conditions, with quality Products. 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 he has the technical and IT means allowing him to use the Site and order the Products from the Site, and that his browser allows secure access to the Site. The customer must also ensure that the computer configuration of its hardware/equipment is in good condition and does not contain 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, designs and models and/or all other intellectual property rights. These elements are the exclusive property of the Company. All of these rights are reserved for the entire world.
The name and brand of the Company, the 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 material or software will be obtained by downloading or copying material from this Site. The customer is strictly prohibited from reproducing (except for his personal and non-commercial use), publishing, editing, transmitting, distributing, showing, removing, deleting, adding to this Site and the elements and software it contains, no more modify them or carry out any work based on them, nor sell or participate in any sale in connection with this Site, the elements of this Site or any software relating thereto.
Any use by the client of the company names, brands and distinct signs belonging to the Company is strictly prohibited except in the event of express and prior agreement from the Company.
10. APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION
These General Terms and Conditions are governed and interpreted in accordance with French law. The customer is, however, informed that this cannot prevent him from benefiting from the protection provided to him by the mandatory provisions of his country of residence.
In the event of a dispute likely to arise during 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 designated by the Company can be contacted via the following address: https://www.mediationconso-ame.com/
The customer can also go to the European consumer dispute resolution platform set up by the European Commission at the following address and listing all dispute resolution organizations approved in France: https://webgate. ec.europa.eu/odr/.
If this mediation procedure fails or if the client wishes to take legal action, the rules of the Code of Civil Procedure will apply.
APPENDIX A - WITHDRAWAL FORM
To the attention of DANYBERD - 3 rue Vauban, 69006 Lyon
I hereby notify you of my withdrawal from the contract relating to the sale of the Product or
Product Reference:
___________________________________________________________________________
Invoice number: [_________________________________]
Ordered on [____________]*/received on [________________]*
Payment method used: __________________________
Name of the customer and, where applicable, the beneficiary of the order:
________________________________________________
Customer address:
_________________________________________________________________________________
Delivery address : _________________________________________________________________________________
Date : [__________________]
Signature of the customer (except in the case of transmission by email)
ANNEX B - INFORMATION ON LEGAL WARRANTIES
The consumer has a period of two years from delivery of the goods to obtain implementation of the legal guarantee of conformity in the event of a lack of conformity appearing. 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 repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience for them.
If the item is repaired within the framework of the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests repair of the good, but the seller requires replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the good.
The consumer can obtain a reduction in the purchase price by keeping the goods or end the contract by being reimbursed in full against 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 taking back or removing the non-compliant good, or if he bears the costs of installing the repaired good or of substitution ;
4° The non-compliance 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 good or to the termination of the contract when the lack of conformity is so serious that it justifies that the reduction in the price or the termination of the contract be immediate. The consumer is then not required to request repair or replacement of the goods beforehand.
The consumer does not have the right to cancel the sale if the lack of conformity is minor.
Any period of immobilization of the good for its repair or replacement suspends the guarantee which remained to run until the delivery of the restored good.
The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code.
The 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 up 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 in application of 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 item is kept or to a full refund against return of the item.