If you have any doubts or questions about our general terms and conditions of sale, do not hesitate to call us at : 00331 42 60 19 59 .
These general conditions of sale and use of the website are applicable between:
VALÉRIE DANENBERG, an INDIVIDUAL COMPANY, whose registered office is located in PARIS at 330-320 rue Saint-Honoré 75001, registered in the Paris Trade and Companies Register under number 342 916 657, whose VAT number is.... represented by Mrs Valérie DANENBERG. The Company markets the following products to its Customers via its Website: www.valeriedanenberg.fr and targets any adult and physical person acting exclusively within the strict framework of their personal needs, who consults the website and/or makes a purchase from Valérie Danenberg.The Seller does not make any Online Sales to legal entities.
The Company invites users to read carefully our General Terms and Conditions of Sale and Use ( referred to as the "GTC/GTC"). The placing of an Order implies the acceptance of the T&Cs/T&Cs. The characteristics of the products are listed on the Website. It is the customer's responsibility to read them before making a purchase. The photographs or graphic designs presented on the Website are not contractual. The Customer acknowledges having read and accepted them by checking the according box provided for this purpose before placing his online purchase. The GTC/CGU rule the terms under which the company sells its products to its private consumer customers via its Website. This applies to all sales concluded by the company and are binding on all contradictory documents, in particular the client's general terms and conditions of purchase. In the event of a subsequent modification of the GTC/CGU, the customer is subject to the version active at the time of his order.
LEGAL NOTICE :
The www.valeriedanenberg.fr website is hosted by OVH, a SAS with a capital of 10,069,020 euros, registered with the RCS Lille Métropole under the 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 Crête and Régine Mahaux.
GENERAL TERMS AND CONDITIONS OF ONLINE SALES: DEFINITIONS :
- « Customer » refers to 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 website.
- "General Terms and Conditions of Sale and Use" or "GTC/GTCU" refers to these general terms and conditions of use and online sales.
- "Consumer" refers to the buyer who is a natural person and who does not act for professional needs and/or outside his professional activity.
- "Products" refers to the objects and materials that can be purchased and that are for sale on this website.
- "Professional" refers to the buyer who is a legal or natural person acting within the framework of his professional activity.
- "Site" refers to this website, i. e. http:// www.valeriedanenberg.fr .
- "Company" refers to Valérie Danenberg Company, more specifiaclly described in Article I.
- "User" refers to any person who uses the website."
Website registration is open to all legal or physical person of more than 18 years old and with full legal personality and capacity. The use of our website is subject to the registration of a user. Registration is free of charge.To proceed with registration, the user must fill in all the mandatory fields; otherwise registration cannot be completed. Users guarantee and declare on their honour that all information communicated on the website, in particular during the registration, is accurate and compliant. They undertake to update their personal information on the page dedicated to them and available in their account. All registered users have a username and a password. The latter, are strictly personal and confidential and must not be communicated to third parties under any circumstances, otherwise 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 under no circumstances, be held liable for the usurpation of a user's identity. If a user suspects fraud at any time, he/she should contact the company as soon as possible, so that the company can take the necessary actions. Each user, whether a legal or physical person, may only have one account on the website. In the event of non-compliance with the GTC/CGU, in particular the creation of several accounts for a single person or provoding false information, the company reserves the right to temporarily or permanently delete all accounts created by the offending user. The deletion of the account results in the permanent loss of all benefits and services acquired on the website. However, any order made and invoiced by the website before the account is deleted will be executed under normal conditions. In the event that an account is deleted by the company for failure to comply with the duties and obligations set out in the GTC/CGU, the offending user is strictly prohibited from re-registering on the website directly or indirectly, by means of another e-mail address or by an intermediary without the company's express authorisation.
CONDITIONS FOR PLACING AN ORDER
- To be at least 18 years old and have legal capacity
necessary to place and honour any order or to hold a parental authorization allowing you to place and honour any order and to be able to justify it at any time, on our simple request;
- To be a real person acting within the framework of your personal needs (in particular in the sense that any order you place must correspond to the normal needs of an individual).
PLACING AN ORDER /ORDERING METHODS :
You can choose to place your order: directly on the website or by phone with our customer service : 01 41 60 19 59 or by credit card during your appointment in our shops.
SPECIFIC PROVISIONS APPLICABLE FOR PLACING OF ORDERS ON THE SITE:
An order can only be placed when the user has registered through the website. The user, when logged into his account, can add products to his virtual shopping cart. He can then access the summary of his virtual basket to confirm the products he wishes to order and make his order by pressing the "Order" button. He must provide a valid address, delivery method and payment method in order to finalize the order and effectively validate the sales contract between him and the company. The finalization of the order implies the acceptance of the prices of the products sold, as well as the terms and delivery delays indicated on the website. Once the order has been placed, the user will receive confirmation by email. This confirmation will summarize the order and relevant delivery information. The placing of an order implies the conclusion of a long distance sale and a contract between the company and the client. The company may grant the customer discounts and rebates depending on the number of products available on the website ordered or on the regularity of the orders, according to the conditions set by the company.
PRODUCTS AND PRICES :
Valérie Danenberg does her best to ensure that her online catalogue is as accurate and correct as possible. In order for you to be able to see the details of some products, they may appear larger or smaller than they actually are. Since each computer is configured differently, their color may also vary. Our objective is to give you as much information and details as necessary so that you can feel that you are familiar with your product before you have it in your possession. However, the displayed weight of the stone can vary by 0.15 carats from the actual weight of the same stone. The weight of the color stones or diamonds can vary depending on the finger size by up to 0.50 carats depending on the design, which can increase the price. The weight of gold can vary according to the size of the finger by approximately plus or minus 5 grams depending on the models, which will increase the price. As our manufacturing is handmade, it is possible that some of the measurements and weights indicated on our product pages may vary slightly from the actual product you will receive. The products covered by the GTC/CGU are those listed on the site and which are sold and shipped directly by the company. The products are described on the corresponding page within the website and all their essential characteristics are mentioned. The sale is made within the limits of the company's available stocks.The latter cannot be held responsible for stock shortages or the impossibility of selling a product whose stock is non-existent. When a registered user wishes to purchase a product sold by the company through the site, the price labeled on the product page corresponds to the price in euros, all taxes included (VAT included), excluding shipping costs and takes into account the discounts applicable and in effect on the day of the order. The price indicated does not include shipping costs, which will be detailed in the summary, if any, before placing the order. If the total cost of the products cannot be calculated in advance, the company will send the customer a detailed quotation setting out the formula for calculating the price. All orders are payable in euros.Under no circumstances may a user require the application of discounts no longer in effect on the day of the order. The company reserves itself the right to modify its prices at any time and without notice, subject to article 1.3 above. The products already ordered will continue to be invoiced on the basis of the prices in force at the time of registration of your order. An invoice for your order is issued when your order is shipped. It is available on your online customer area. It can also be requested by phone or email from Valérie Danenberg's Customer Service.
TERMS OF PAYMENT
Unless otherwise specified, all sales are paid cash at the time of placing the order. 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 buyer places his/her order.He/She will then receive an invoice.Payment can be made by:
- Bank transfer
- Cash and cash equivalents
- Credit card via a secure connection
In the event of non-payment of all or part of the products on the date and agreed amount, the customer shall pay the company .A late payment penalty will be applied , at a rate equal to the rate applied by the European Central Bank for its refinancing operation plus 10 percent penalty. The financing transaction selected is the most recent on the date of the Order for Services. In addition to the late payment compensation, any amount, including the deposit, not paid on its due date by the Professional Client shall automatically produce the payment of a fixed compensation of 40 euros payable for recovery costs. In the event of non-payment of all or part of the products on the date agreed, the customer shall pay the company a late payment penalty at a rate equal to the legal interest rate. No compensation may be made by the customer between penalties for delayed payment in the supply of the products ordered and amounts due by the customer to the company respecting the purchase of products offered on the website. The penalty due by the customer, professional or consumer, is calculated on the amount including VAT of the remaining amount due, and runs from the due date of the price without any prior formal notice being necessary.
The information and, in particular ,the prices displayed on the website may be incorrect due to errors of the system or typographical errors or typographical fillings. We do our best to avoid mistakes, but they may still exist. We do not honour orders whose information or prices are incorrect. If the price displayed is lower than the actual price of the product, We will contact you by email to either cancel the order or give you instructions on how to pay the difference in the price.
The prices of our products are non-negotiable because we have a very fair pricing policy and practice small margins in order to be as close as possible to our customers' budgets. The final price of our designs is the result of the costs of a French artisanal manufacture and for the price of the raw materials that we select for you, such as gold and precious stones.
We inform you in writing of the progress of the manufacturing of your purchase and shipment of your items.
The Products are delivered for a Declared Value by post and insured by us to the following destinations:
- Metropolitan France - Corsica
The Products are delivered by FEDEX and insured by us to the following destinations:
- European continent
The Company undertakes to make every possible materialistic and human effort to ensure that the products are delivered as soon as possible. These may vary according to the customer's location, the delivery method chosen or the product ordered. In the event that delivery is not possible, due to an error on the address indicated by the client, the company will contact the client as soon as the shipper informs her in order to obtain a new delivery address and any additional delivery costs will be borne by the client. In addition, the company may not be held liable for reasons related to the exceeding of delivery deadlines:
- in periods of high sales , such as Christmas and New Year's Eve.
- for delays caused by reasons of force majeure, i.e. due to the occurrence of an unforeseeable, unavoidable events beyond its control.
- for facts exclusively liable to the carrier or shipper responsible for the delivery.
Delivery is processed, according to the customer's choice and to the prices available on the website:
- to the address indicated by the customer at the time of his ordering by simple post.
- in one of the company's stores, chosen by the customer at the time of his order.
OWNERSHIP - RISKS:
The transfer of ownership and risk of the jewelry will take place upon delivery of the products. However, in the event that:
(i) Your package would be returned to us by the carrier because the address was incorrect or you did not claim it within the time limit.
(ii) You would not have answered the telephone, our voice and electronic messages to notify you of the situation (in particular if the email addresses and telephone numbers you have transmitted to us are incorrect), and that we have therefore been unable to contact you for a period of 4 months starting at the date of sending the package. The company takes ownership of the products and can freely dispose of them. The company keeps the deposit payments for the manufacture of the jewel upon the order and you agree not to have any recourse to recover the amounts paid for the unclaimed products. Some measures indicated on our product pages differ slightly from the actual product that you will receive.
RETURNS AND RESIZING:
COMPLAINTS / RETURNS :
For all orders placed on this website, the customer has a right of complaint of 14 days from the delivery of the product. It is his responsibility to check the apparent condition of the products upon delivery. In the absence of any reservations expressly made at the time of delivery, the products are deemed to be in conformity with the order. To exercise this right of complaint, the customer must send the company, to our email address : email@example.com, a declaration in which he expresses his complaints, together with the relevant supporting documents (receipt slip countersigned by the carrier, photographs...)
A complaint that does not comply with the conditions described above will not be accepted. The company will repair, replace or refund the jewel or its components as soon as possible and at its own expense, subject to the material possibility of repairing the jewel or its availability in our stock. In the case of a return for refund, the return costs as well as the insurance costs are covered by the company. To do this, your package must be returned using the form provided by the company from one of the following countries: Metropolitan France & French overseas departments and territories and all of Europe. Upon receipt of your jewelry, we check that it is in perfect condition, then acknowledge receipt of the jewelry. Then, we will refund you the price corresponding to the value of the products no later than thirty (30) days following the date at which your return was accepted by the company.
CONDITIONS OF ACCEPTANCE OF RETURNS:
The returns provided for above will only be accepted by the company and will only be followed by a refund or exchange if the following are fulfilled :
(I) the return process described by our advisors and on our site has been completed ;
(II) the products are returned to us in perfect condition, you can of course try it on and see if it suits you and if not, send it back to us without wearing it so that it remains in perfect condition and free of scratches and other damage.
Thus, items returned incomplete, damaged or soiled will not be taken back under any circumstances. In particular, products that show scratches, even discrete ones, can never be returned.
(III) Our specialists will carefully check them with a professional loupe (10X) may it be the metal or the stones, or any other component of the product, are in conformity with the product that has been sent to you, without damage, modification or intervention of any kind;
(IV) the products returned to us must remain in their original packaging, complete (the original of the certificate will be provided if this is the case, packaging, including gift box, case,...
We also specify that:
- Returns are only possible for one product per order;
- Products that have been modified or otherwise customized at your request (including a change in the size of the stone or stones of different colors visible on our online catalogue) may no longer be either refunded or exchanged;
- The return is possible for a jewel that has been engraved by the company Valérie Danenberg, provided that the other return conditions have been completed;
Until thirty (30) days after the delivery date, we give you the possibility to return the ordered products to us to make a resizing of your jewel.
To do so, you must inform Valérie Danenberg's customer service by e-mail at firstname.lastname@example.org of your decision before returning the products to us, indicate the new size requested and follow exactly the return process that we will indicate to you. Your request for resizing is only effective once the company acknowledges receipt of your request for resizing in writing. If you return the products to us for resizing, the return, insurance and return costs are covered by our house, provided that your package has been returned using the form provided by the company from one of the following countries: Metropolitan France and French overseas departments and territories, and all of Europe. Upon receipt of the products resized, you will not be able to make a return or exchange for a jewel that has been resized. The deadline for resizing is a maximum of 4 (four) weeks. The classic resetting is done for two sizes more or less at most only when the ring of the ring is thin, and not set with stones. When it comes to a ring set with diamonds, it is only possible to reduce or add one cut because on full turn set rings, we keep a small unset space at the back of the ring in order to do this operation.In all other cases, these are special size discounts requiring an estimate of the weight of gold to be added. Depending on the models, it will only be possible to add or reduce from half to one size.
CONDITIONS FOR ACCEPTING SIZE DISCOUNTS:
The discounts provided for above will only be paid for by the company if:
(I) the referral process described by our advisors and on our site has been followed;
(II) the products are returned to us in perfect condition, without having been worn. Thus, items returned incomplete, damaged, damaged or soiled cannot be resized. In particular, products with scratches, even discrete ones, cannot be resized.
(III) Our specialists confirm that the frame and stone, or any other component of the product, are in conformity with the product that has been sent to you, without damage, modification or intervention of any kind.
We also specify that:
- Products that have been the subject, at your request, of a personalized or specific modification (in particular a change in the size of the stone or stones of different colors than what is visible on our online catalogue) will not be eligible for a discount;
- Similarly, some special products cannot be resized. They are then clearly presented as such to the customer at the time of the order;
- The resizing is possible on a jewel that has been engraved by the company Valérie Danenberg, provided that the other conditions have been respected;
- Resizing is not possible for an order whose delivery address is outside the European Union.
CONSUMER'S RIGHT OF WITHDRAWAL:
The consumer has a right of withdrawal of 14 days from the placing of the order, except for the products mentioned in Article L. 121-21-8 of the Consumer Code. To exercise this right of withdrawal, the consumer sends a declaration to the address: email@example.com . The Products must be returned in their original packaging and in perfect condition within 48 hours from the date of notification of withdrawal to the company by the consumer. The direct costs of return remain the responsibility of the consumer. He will be reimbursed for all fees paid for placing the order within 30 days of the company's receipt of his declaration of withdrawal. The refund will be made by the same method of payment as the one used at the time of purchase.
TRANSFER OF RISK AND OWNERSHIP:
The company retains ownership of the products sold until the customer has paid the full price. It may therefore repossess the products in the event of non-payment. In this case, the instalments paid will remain the property of the company as compensation. For professional customers, the transfer of risks to the customer takes place as soon as the company delivers the goods to the carrier.
For consumer customers, the transfer of risks takes place upon delivery or upon collection of the goods from the store when the customer has chosen an in-store delivery.
LEGAL GUARANTEES :
The products sold on the website 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 a good in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under his responsibility."
Article L.211-5 of the Consumer Code: "To be in conformity with the contract, the good must:
1.Be suitable for the use usually expected of a similar good and, if applicable:
2. Or have 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.
Correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model; have the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
Article 1641 of the Civil Code:
"The seller is bound by the warranty for hidden defects in the thing sold that make it unfit for the use for which it is intended, or that reduce this use so much that the buyer would not have acquired it, or would have given only a lower price, if he had known them." Any resold product altered, modified or transformed is not covered by the warranty. This is limited to the replacement or refund of non-conforming or defective products. It is excluded in the event of misuse or abnormal use of the product as well as in the case where the product does not comply with the legislation of the country in which it is delivered.
The client must inform the company of the existence of the defects within two years. The company will rectify the products deemed defective as far as possible. If the company's liability is retained, the guarantee is limited to the amount excluding VAT paid by the consumer for the supply of the products. The replacement of the products does not extend the duration of the warranty.
The Company reserves the right to modify the website, the GTC/CGU as well as any delivery procedure or other element constituting the services provided by the company through this website. When an order is placed, the user is subject to the provisions of the T&Cs/TU in force at the time the order is placed.
PROCESSING OF PERSONAL DATA:
Registration on the website involves the processing of the customer's personal data. If the customer refuses to process his data, he is asked to refrain from using the website. This processing of personal data is carried out in accordance with the General Data Protection Regulation 2016/679 of 27 April 2016. In addition, in accordance with the French Data Protection Act of 6 January 1978, the client has the right to access, modify, rectify, modify and oppose all his personal data at any time by writing, by post and by proving his identity, to the following address: firstname.lastname@example.org . This personal data is necessary for the processing of his order and the preparation of his invoices, if any, as well as for improving the functionalities of the website.
SHARING OF COLLECTED DATA:
The website may use third party companies to perform certain operations. By browsing on our website, the client accepts that third parties may have access to his data to ensure the proper functioning of the website. These third party companies have access to the data collected only for the purpose of performing a specific task. The website remains responsible for the processing of this data. In addition, the user may receive information or commercial offers from the company or its partners. The user may at any time object to the receipt of these commercial offers by writing to the company's address indicated above, or by clicking on the link provided for this purpose in the e-mails received. In addition, customer information may be transmitted to third parties without their express prior consent in order to achieve the following purposes:
- comply with the law
- protect any person from serious harm,even death
- fight against fraud or attacks on the company or its employee users
- protect the Company's property rights.
The company ensures an appropriate level of security proportionate to the risks and their probability to occur, in accordance with the General Data Protection Regulation 2016/679 of 27 April 2016. However, these measures are not a guarantee and do not commit the company to an expected performance regarding data security.
To enable its users to benefit from optimal navigation on the website and better functioning of the various interfaces and applications, the company may install a cookie on the user's computer. This cookie enables it to store information related to navigation on the website, as well as any data entered by users (in particular searche, login, email, password). The user expressly authorizes the company to place a file called a "cookie" on the user's hard disk. The user has the possibility to block, modify the storage period, or delete this cookie via the interface of his browser. If the systematic shutdown of cookies on the user's browser prevents him from using certain services or features of the website, this malfunction shall in no way b considered a damage to the visitors ,who shall not be entitled to any compensation as a result.
The company cannot under any circumstances be held liable for the unavailability, whether temporary or permanent, of the website and although it does its best to ensure service at all times, it may be interrupted at any time. In addition, the company reserves itself the right to purposely make the website unavailable in order to carry out any update, improvement or maintenance operations. As previously mentioned, herein, in no event shall the company be liable for any delays in delivery for reasons beyond its control, unforeseeable and inevitable.
The brand, logo and graphic chart of this website are trademarks registered with the INPI and intellectual works protected by copyright, the ownership of which belongs exclusively to the company. Any, exploitation, representation, reproduction, whether partial or complete, without the express authorization of the company will expose the offender to civil and criminal proceedings.
The law governing the GTC/GTCU is French law.
Any dispute that may arise between the company and a user during the execution of the present contract shall be the subject of an attempt to resolve it by simple negotiation. Failing this, disputes will be brought to the attention of the competent courts of general law.
ACCEPTANCE OF CGV/CGU:
The customer or user expressly accepts the GTC/CGU. The customer declares that he is aware of this and is entitled to rely on any other document, in particular his own general terms and conditions of purchase.The consumer acknowledges that he/she has been informed about the information and data 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 during which the company undertakes to provide the service;
- information relating to the company's identity (contact details , address ,telephone, electronic);
- information relating to legal and contractual guarantees and their implementation modalities;
- the possibility of using conventional mediation in cases whereof litigation;
- information relative to the right of withdrawal (deadline,timetable ).