GENERAL TERMS AND CONDITIONS OF SALE
1. GENERAL PROVISIONS
1.1 These general terms and conditions of sale (hereinafter the "GTC") apply to any order of products offered for sale (hereinafter the "Products") on the website www.daenaladeesse.com (hereinafter the "Website") received by the company DAWAMI, a simplified joint stock company with a capital of 1,000 Euros registered with the Paris Trade and Companies Register under number 822 709 846 and whose registered office is located at 10, rue Greneta 75003 Paris (France), whose VAT identification number is FR 52 822709846 (hereinafter the "Seller") and placed by any buyer acting as a consumer within the meaning of the introductory article of the Consumer Code (i.e., any person acting for purposes that do not fall within the scope of their commercial, industrial, craft, liberal, or agricultural activity) (hereinafter the "Buyer").
1.2 Placing an order on the latter makes these GTC applicable and implies the full and unconditional adherence of the user to the GTC.
1.3 Any substantial modification of these GTC by the Seller will be notified to the Buyer. The applicable GTC will be those in force at the time of the conclusion of the sales contract as indicated below.
1.4 No particular condition may, unless formally and in writing accepted by the Seller, prevail over the GTC. Any contrary condition opposed by the Buyer will, in the absence of the Seller's express and prior acceptance, be unenforceable against the Seller, regardless of when it may have been brought to its attention.
1.5 The fact that the Seller does not invoke one of the clauses of the GTC shall not be construed as a waiver by the Seller to invoke it at a later date.
2. PLACING AN ORDER AND FORMATION OF THE SALE
2.1 The essential characteristics and description of the Products offered for sale on the Website are indicated on the page dedicated to each Product and are visible when the Buyer clicks on the Product, in accordance with Article L. 111-1 of the Consumer Code.
2.2 To place an order, the Buyer must identify themselves with their email address and password. In the case of a first order, the Buyer must create a customer account on the Website.
2.3 The Buyer can order the Products they wish on the Website by following the following steps:
- The Buyer selects on the Website the Products they wish to purchase and the desired quantity, then places the Products in their shopping cart by clicking on the "Buy" tab;
- The Buyer accesses their cart, which summarizes the selected Product(s), as well as their quantity and the total amount of the order;
- The Buyer then chooses whether to validate their order and clicks, if necessary, on the "Validate order" tab;
- They must then choose the desired delivery and billing address and check the box "I accept the general terms and conditions of sale" and click on the "Payment" tab;
- The Buyer must choose their method of payment, follow the indicated process, and click on the "Pay" tab. This step formalizes the sales contract between the Buyer and the Seller.
2.4 Any order constitutes acceptance of the prices and descriptions of the Products available for sale. The Seller will acknowledge receipt of the Buyer's order as soon as it is validated by sending them an email to the email address they have provided. These GTC in PDF format will also be sent to the Buyer in the same confirmation email.
2.5 The archiving of purchase orders and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with Article 1379 of the Civil Code.
3. TERMS OF PAYMENT AND PRICES
3.1 The Buyer can pay for their order:
- By credit card (Visa, Mastercard) via the secure payment platform of our payment service provider (Stripe);
- By bank transfer;
- Through their PayPal account (only available for delivery in France). By choosing payment via PayPal, the Buyer will be automatically redirected to their PayPal account. Once the PayPal payment is validated, the Buyer can complete their order on the Website.
3.2 Only payments in Euros are accepted for the payment of an order on the Website. All fees related to your payment are at your expense.
3.3 All prices displayed on the Website include the value-added tax (VAT) applicable in France. The Seller reserves the right to modify the prices of the Products at any time (except for ongoing orders) and cannot be held responsible towards the Buyer or any third party in this regard.
3.4 The Products will be invoiced based on the sale price in effect at the time of registration and payment of the order placed by the Buyer, subject to the availability of the Product. Delivery charges are not included in the price of the Product but are indicated to the Buyer and added later in their shopping cart.
3.5 Customs duties and other taxes must be paid by the Buyer directly to the carrier.
4. SHIPPING AND DELIVERY
4.1 Delivery charges are offered for any order exceeding one hundred (100) Euros when delivery takes place in metropolitan France and Europe, as well as for any order exceeding one thousand (1,000) Euros when delivery takes place in any other territory.
4.2 Deliveries are exclusively made to the home and according to the following terms:
Delivery in metropolitan France:
- By Colissimo (delivery within 3 to 15 days from the validation of your order) for orders below a amount of five thousand (5,000) Euros. Delivery is made by La Poste.
- Via UPS or DHL (delivery within 3 to 15 days from the validation of your order) for orders equal to or greater than an amount of five thousand (5,000) Euros.
Delivery outside metropolitan France:
- By Colissimo (delivery within 3 to 15 days from the validation of your order) for orders below five thousand (5,000) Euros. Delivery is made by La Poste.
- Via UPS or DHL (delivery within 3 to 15 days from the validation of your order) for orders equal to or greater than five thousand (5,000) Euros.
In all cases, the delivery time of the Product cannot exceed thirty (30) days from the confirmation of the order by the Seller.
4.3 If the delivery time is exceeded, the Buyer may not cancel the sale before granting the Seller, by registered letter with acknowledgment of receipt or by a written document on a durable medium, a reasonable and appropriate additional period to deliver the Products. In accordance with the provisions of Article L.216-2 of the Consumer Code, if the Seller does not deliver the Products within the additional period granted, the Buyer may cancel the sale by registered letter with acknowledgment of receipt or by a written document on a durable medium.
4.4 In the event of cancellation of the sale in accordance with the aforementioned provisions, the Seller will refund the full amount paid by the Buyer no later than fourteen (14) days following the date on which the Seller was informed of the resolution of the contract by the Buyer.
4.5 The Buyer must be available at the time of arrival of the carrier delivering the ordered Product. Otherwise, the carrier will issue a notice indicating to the Buyer what to do for a new delivery of the Product. The Buyer shall bear any financial charge as well as the responsibility related to the non-delivery or delay in delivery of the Product when these are due to their actions. The Seller shall not be liable for any delay in delivery caused by the Buyer or by a case of force majeure as indicated in Article 9 of these GTC.
4.6 The Products are sold subject to ownership and remain the property of the Seller until their full payment by the Buyer. The transfer of risks related to the Products shall take place following the delivery of the Product to the Buyer or to a third party designated by the latter.
4.7 Any delivery must be checked by the Buyer upon receipt of the Products.
5. RIGHT OF WITHDRAWAL
5.1 If the Buyer is a consumer, they have the legal right of withdrawal, without giving any reason, and may cancel their order within fourteen (14) days from the day on which the Buyer, or a third party other than the carrier and indicated by the Buyer, receives the Product. In the event that a single order contains several Products that are delivered separately, the withdrawal period runs from the day on which the Buyer receives the last Product.
5.2 To exercise their right of withdrawal, the Buyer must notify their request to the Seller by means of a clear statement by email to contact.daena.ladeesse@gmail.com or by mail to the company DAWAMI (10, rue Greneta 75003 Paris (France)). For this purpose, the Buyer may use the withdrawal form below. The Seller will acknowledge receipt of the Buyer's withdrawal request and inform them of the steps to follow.
Attention of the company DAWAMI (10, rue Greneta 75003 Paris (France), contact.daena.ladeesse@gmail.com):
I hereby notify you of my withdrawal from the contract for the sale of the following goods:
Ordered on / received on:
Consumer's name:
Consumer's address:
Consumer's signature (only in case of notification of this form on paper):
Date:
5.3 The right of withdrawal may only be exercised if the Products have not been opened or used by the Buyer. If the Product has been opened or used, it cannot be returned.
5.4 The right of withdrawal does not apply to Products made to the Buyer's specifications or clearly personalized.
6. RETURN OF PRODUCTS AND REFUND
6.1 The Buyer must return the Products no later than fourteen (14) days after communicating their decision to withdraw from the Seller.
6.2 The return costs of the Products are borne by the Buyer, unless the Seller has made an error in the Buyer's order.
6.3 In the event of withdrawal by the Buyer under the conditions mentioned in Articles 5 and 6 of these GTC, the Seller will refund all sums received for the order no later than fourteen (14) days following the receipt of the Products by the Seller or the provision by the Buyer of proof of shipment of the Products, the date of which will be the first of these facts.
6.4 The refund is made by the Seller via the same means of payment used by the Buyer for the payment of their order, unless the Buyer wishes to be refunded by a different means.
6.5 If the Product returned by the Buyer is damaged, worn, or in poor condition, no refund can be made by the Seller. All Products are checked by the Seller upon their return. The Products must be intact and unused. All returned items must be sent in their original condition and packaging and must have retained their labels.
7. PRODUCT AVAILABILITY
7.1 All orders placed by the Buyer are subject to the availability of the Products.
7.2 In the event of stock shortage of the Product ordered by the Buyer, the latter will be informed. Except in the case of unique works, the Seller may inform the Buyer of the possibility of ordering replacement products of equal or higher value than the out-of-stock Products.
7.3 If the Buyer does not wish to order the replacement products offered by the Seller, the Seller will refund the amounts paid by the Buyer within a maximum period of fourteen (14) days from the day on which the Buyer informs the Seller that they do not wish to order the replacement products.
7.4 No compensation can be claimed by the Buyer in case of stock shortages on the ordered Products.
8. SELLER'S WARRANTY
8.1 Legal warranties
8.1.1 Conformity warranty
The Seller is responsible for the conformity of the Products offered for sale on the Website at the time of delivery of the Product, and the Buyer may oppose the non-conformity of the Product delivered in accordance with Article L. 217-5 of the Consumer Code. In accordance with Article L. 217-12 of the Consumer Code, the Buyer has a period of two (2) years from the delivery of the Product to notify the Seller of its non-conformity.
The Buyer may choose between repairing and replacing the Product. The Seller may not proceed according to the Buyer's choice if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the Product or the significance of the defect presented by the Product in accordance with Article L. 211-9 of the Consumer Code.
In accordance with Article L. 217-10 of the Consumer Code, if repair and replacement of the Product are impossible, the Buyer may return the Product to the Seller and receive a refund of its price or keep the Product and receive a partial refund of its price.
The legal conformity warranty applies
regardless of any commercial warranty that may be granted by the Seller to the Buyer.
8.1.2 Warranty against hidden defects
The Seller guarantees the Buyer against all hidden defects of the Product within the meaning of Article 1641 of the Civil Code that would render the Product unfit for the use for which it is intended.
The Buyer may thus decide to implement this warranty and choose, in accordance with Article 1644 of the Civil Code, between returning the Product against the return of its price by the Seller and keeping the Product in its condition against the return by the Seller of part of its price.
8.2 Exclusion of warranty
The Seller's warranty is excluded in case of deterioration of the Product due to use not in accordance with its intended use or due to the Buyer. The Seller's warranty is also excluded if the Product is not returned to it in the condition in which it was delivered to the Buyer.
9. INTELLECTUAL PROPERTY
9.1 The sale of the Products does not transfer any intellectual property rights from the Seller to you, and you acknowledge that the Seller's intellectual property rights, whatever their nature, will remain the sole property of the Seller.
9.2 No provision of these GTC, nor any orders that will be addressed to the Seller, may be interpreted as conferring on you any right to the Seller's intellectual property rights other than the right to use the Products.
10. PERSONAL DATA
10.1 In accordance with the General Data Protection Regulation (EU) No. 2016/679 (the "GDPR"), the Seller, as data controller, collects, processes, and retains the Buyer's personal data for the purposes of managing and executing Product orders. For more information on the processing of the Buyer's personal data by the Seller, the Buyer can consult the Seller's Privacy Policy.
10.2 Any natural person, proving their identity, may exercise their rights concerning the personal data concerning them, including their right of access, rectification, erasure, portability of the data concerning them and appearing in the files of the Seller, limitation of processing, and/or opposition by a request sent by email to contact.daena.ladeesse@gmail.com or by mail to the company DAWAMI (10, rue Greneta 75003 Paris (France)).
11. APPLICABLE LAW
These GTC and the contractual relations between the Seller and the Buyer are subject to French law.
12. DISPUTE RESOLUTION
12.1 For any complaint or question, the Buyer can contact the Seller by sending an email to contact.daena.ladeesse@gmail.com or by mail to the company DAWAMI (10, rue Greneta 75003 Paris (France)).
12.2 If a dispute with the Seller has not been resolved by the means indicated above, the Buyer may, in accordance with Articles L.612-1 et seq. of the Consumer Code, resort to a consumer mediator.
12.3 For orders placed on the Website, the Buyer may also submit any complaints on the online dispute resolution platform set up by the European Commission: http://ec.europa.eu/consumers/odr/.
12.4 Disputes that have not been resolved amicably between the Buyer and the Seller will be brought before the competent court according to the applicable French civil procedure rules.