TERMS OF SALES

ARTICLE 1 – DEFINITIONS

Item: the Property (s) that were the subject of the Order;
Good: any product offered for sale on the Site;
Order: request for Goods or Services made by the Customer from the Seller;
General Conditions of Sale (GTC): the general conditions of sale which are the subject of these presents;
Delivery Time: period between the date of Validation of the Order and the date of the actual Delivery of the Order to the Customer;
Delivery Costs: cost of the costs incurred by the Seller to deliver the Order to the Delivery address indicated by the Customer;
Delivery: shipment of the Item to the Customer;
Delivery Method: refers to any standard or express delivery method available on the Site at the time of the Order;
Price: the unit value of a Good; this value is inclusive of all taxes and excluding Delivery Costs; the price is valid for the EU zone only;
Total Price: the total amount of the cumulative Prices of the Goods which are the subject of the Order; this amount is inclusive of all taxes;
All Inclusive Price: the Total Price to which is added the price of the Delivery Costs; this amount is inclusive of all taxes;
Site: “www.daum.fr” Online Sales site used by DAUM for the marketing of its Goods;
Territory: see the meaning defined in Article 3;
Validation of the Order: see the meaning defined in Article 5;
Online Sale: marketing of the Seller’s Goods via the Site;
The Customer: refers to any person who consults the “ daum.fr “ Site who transmits their personal data and or places an order,

* “Any reference to the singular includes the plural and conversely, any reference to one gender includes the other gender”

ARTICLE 2 – IDENTIFICATION OF THE SELLER

The site “www.daum.fr” belongs to the company DAUM (hereinafter “DAUM”), SA with a board of directors, which operates it and whose head office is located at 22 Rue de la Trémoille, 75008 PARIS, TEL : +33 (0) 1 42 66 36 36, SA with capital of € 4,510,995 registered in the Paris Trade and Companies Register under number 702 027 897 NAF 2313Z, Intra-community VAT number FR 12 702 027 897.

ARTICLE 3 – SCOPE OF APPLICATION

These General Conditions of Sale (hereinafter the “General Conditions of Sale” or “GTC”) govern without restriction or reservation the consultation and use of the Site “ www.daum.fr ” by Users / Customers as well as sales of Goods made by DAUM from the Site.

These GTCS are reserved for consumers only, within the meaning of French law and case law, acting exclusively for their own account.

These Conditions apply to the exclusion of all other conditions, and in particular those applicable for sales in stores or through other distribution and marketing channels. These T & Cs are accessible at any time on the Site and will prevail, where applicable, over any other version or any other contradictory document. Unless proven otherwise, the data recorded by DAUM constitutes proof of all transactions. Information on product availability is provided at the time the order is placed, however due in particular to the size of stocks and orders, and / or closures of offices and production site during holidays (public holidays or summer) a delay could occur for which DAUM cannot be held responsible. The Terms of delivery are valid during the working periods of the Manufacture. During the summer vacation, an update of delivery times will be posted on the site to cover the closure period.

The modifications of these T & Cs are opposable to the Users / Customers of the Site from the moment they are put online and cannot be applied to transactions concluded previously or to all those concluded via another distribution network such as shops. The validation of the order by the customer implies unreserved acceptance of these General Conditions of Sale.

Parcels can only be shipped territorially in mainland France and Monaco, excluding overseas departments and territories.

ARTICLE 4 – INTELLECTUAL PROPERTY

All reproduction and representation rights reserved:

The texts and photos presented on this Site are covered by intellectual property law. However, DAUM does not guarantee the accuracy or the completeness of the information published on this Site.

Consequently, DAUM declines all responsibility:

for inaccuracies that could affect the information available on this Site, or its incomplete nature;
more generally for any damage, direct or indirect, whatever the causes or consequences, resulting from the consultation of the Site or the inability to access it, as well as resulting from the use of the information disseminated on this Site or the credit given to them;
for any damage resulting from a fraudulent intrusion by a third party resulting in an alteration of the information published on this Site.

Intellectual property rights, trademark rights, designs and models:

The documents, photos, drawings, models and Trademarks displayed on this Site are the exclusive property of DAUM which owns the rights. DAUM does not grant any license or any other right to use, exploit or distribute these documents, photos, designs, models and trademarks. The total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting. The only right granted to any person accessing the Site is that of consulting it.

ARTICLE 5 – ORDERS

5.1 – Ordering the Goods and concluding the sale online

In order to complete the Order, the Customer must follow the following steps:

Enter the address of the Site;
Follow the instructions of the Site and in particular, the instructions necessary to open a customer account;
Fill out the order form. In the event of prolonged inactivity during the connection, it is possible that the selection of the Goods and Services chosen by the Customer before this inactivity is no longer guaranteed. The Customer is then invited to resume his selection of Goods and Services from the beginning;
Check the elements of the Order and, if necessary, identify and correct errors; the addressee’s address must be exact, precise and complete to enable the parcel to be distributed under normal conditions. No liability can be incurred in the event of a breach of the foregoing;
It is mandatory to indicate the recipient’s phone number and email address when ordering. In the event of a breach, neither DAUM nor its intermediaries can be held responsible for the non-delivery of the ordered package.
Validate the Order, the Total Price as well as the All Inclusive Price (the “Order Confirmation”);
Follow the instructions of the online payment server to pay the All Inclusive Price;
Only a delivery by hand to the recipient will be possible; no delivery to a letterbox or to a third party can be made.

The Customer will then receive electronically and without delay a confirmation of acceptance of payment for the Order, provided that the email address indicated by the Customer does not contain an error.

The Customer will also receive, electronically and without delay, an acknowledgment of receipt constituting confirmation of the Order (the “Order Confirmation”), provided that the electronic address indicated by the Customer does not contain an error.

The Customer will then receive electronic confirmation of the shipment of the Order. The sale will only be considered final after sending this confirmation to the Customer.

The Customer will receive the original of the invoice upon delivery of the products, in his package. In the case of delivery to an address other than the billing address, the invoice will be sent to the Customer by post or electronic mail.

Delivery will take place at the delivery address indicated by the Customer when placing the Order. When carrying out the various stages of the aforementioned Order, the Customer undertakes to comply with these contractual conditions by application of article 1316-1 of the Civil Code.

DAUM undertakes to honor the Order only within the limit of available stocks of the Goods. In the absence of availability of the Goods, DAUM undertakes to inform the Customer thereof.

However, in accordance with Article L. 122-1 of the Consumer Code, DAUM reserves the right to refuse the Order if it is abnormal, made in bad faith or for any other legitimate reason, and in particular, when there is a dispute with the Customer concerning the payment of a previous order.

The fact that a non-professional customer places an order on the “www.daum.fr” Site implies full and complete acceptance and acceptance of these General Conditions of Sale.

5.2 – Characteristics of the Goods

In accordance with article L 111-1 of the Consumer Code, DAUM will do its best to present as faithfully as possible the products (and their essential characteristics) offered for sale on the Site www.daum.fr. However, DAUM does not guarantee that the colors reproduced on its Site are exactly the same as those of the pieces offered in the store. Thus, the photos of the Goods / Products for sale on this Site have no contractual value.

In the event of a question, the User / Customer may first contact our sales team (contact@daum.fr).

DAUM reserves the right to modify the assortment of Goods.

All the Products sold by DAUM on the Site comply with the legislation of the European community in force and the standards applicable in France.

However, special orders for which the User / Customer must get in touch with the sales team ( contact.web@daum.fr ) are excluded from the offer offered on the “www.daum.fr” Site .

No contractual or commercial guarantee is attached to the Goods offered for sale.

5.3 – Payment Condition

The price is payable in cash, in full on the day the order is placed by the Customer.

Payment is made online by credit card. Bank cards accepted are those of the Carte Bleue, Visa, Eurocard / MasterCard / American Express networks. Payments are debited when the order is shipped. In the case of an online credit card payment, the order is deemed to have been placed on the date of validation of the payment for the order by the Customer. Consequently, the deadlines indicated on the “www. daum.fr ”run from that date.

DAUM will not be required to deliver the Goods ordered by the Customer if the latter has not paid him the full price under the conditions indicated above.

Payment of the All Inclusive Price by the Customer is made only by credit card.

5.4 – Prices

The prices of the Goods on the “www. daum.fr ”are indicated in Euros, all taxes included but excluding shipping costs which are invoiced in addition. They take into account the VAT applicable on the date of the order. Any change in the applicable rate may be reflected in the prices of the Goods after the date of entry into force of the new applicable rate. As the prices of DAUM suppliers (gold in particular) are constantly changing, the prices displayed on the Site are subject to change at any time. They are also subject to variations for reasons of introductory prices, promotions or sales. The applicable price is that indicated on the Site on the date of the order by the Customer.

Credit notes, gift cards or wedding lists issued by DAUM stores or partners of the latter may not be used on the “www.daum.fr” Site.

Packages giving rise to address correction or return sender may be subject to additional invoicing according to the pricing in force.

For shipments to Corsica, as well as for shipments to an area that is difficult to access (islands, mountains, etc.) or a remote area, an invoicing supplement will be applied per package according to the pricing in force. .

Failure to transmit the additional mandatory information (recipient’s mobile phone number and email address) may be subject to an additional billing according to the pricing in force.

5.5 – Shipping Costs

The shipping costs are indicated to the Customer before the final registration of the order.

5.6 – Addresses, Methods, Delivery times and Collection in Store

5.6.1: Information

The Customer must indicate a name, a valid telephone number and an exact, precise and complete delivery address necessarily located on French territory and Monaco (excluding DOM TOM), under penalty of refusal of the Order. The Customer is solely responsible for a delivery defect due to a lack of indication during the Order.

5.6.2: Delivery methods

The delivery of the package (s) covered by the Order can only be made by hand to the Customer. In view of the constraints of precaution, weight and size, no delivery to a letterbox or to a third party (neighbor, Pickup point or other) can be implemented.

In the event that the recipient communicates a different instruction to Chronopost modifying the day or the mode of delivery, no compensation can be requested due to a delay or a lack of delivery.

The recipient’s telephone number and email address are additional mandatory information sent to CHRONOPOST in order to allow notification of the recipient.

In the event that it has been agreed that the assumption of responsibility and / or delivery would be carried out in the absence of the sender or recipient, contrary to the stipulations above, these will be deemed to be perfectly carried out in view of the only statements of the roadmap established by CHRONOPOST.

The digitized signature of the recipient, as well as its reproduction, are proof of the delivery of the packages, and this signature will be recognized as having a legal value identical to that of a traditional signature on paper.

5.6.3: Delivery times

Delivery times are available on the “www.daum.fr” Site and may vary depending on the availability of the Goods which have been the subject of the Order.

The times are for a pick-up from Monday to Friday and for a delivery from Monday to Saturday, except on public holidays. Thus, the Delivery Times are understood in working days (excluding public holidays) and correspond to the average preparation and delivery times of the Order in the Territory. For some coastal islands, as well as for deliveries by poste restante and TSA, the delivery time may be extended by one day.

The Delivery Times run from the date of Confirmation of the Order by DAUM.

The Customer can follow the progress of the processing of the Order in the space reserved for this purpose on the CHRONOPOST Site.

Upon delivery, the Customer is required to check the condition of the packaging as well as the Articles. It is up to the Customer to make the reservations and complaints he considers necessary, or even to refuse the package, when the package is clearly damaged on Delivery. Said reservations and complaints must be sent to the carrier by registered letter with acknowledgment of receipt within three working days, not including public holidays, which follow the date of Delivery of the Goods. The Customer must also send a copy of this letter to DAUM. Failure to make a complaint within the aforementioned period extinguishes any action against the carrier in accordance with article L. 133-3 of the Commercial Code. The Customer must ensure that the Goods delivered to him correspond to the Order.

In the event of late Delivery, the Order is not canceled. DAUM will inform the Customer by email that the Delivery will be delayed. In the event of a significant delay in delivery, DAUM undertakes to pay compensation which may not exceed the price of transport (duties, taxes and miscellaneous costs excluded) upon written request.

DAUM or any other intermediary can not be held responsible for the immaterial or direct damage whatever the cause.

5.6.4: Collection in store

The procedure will be notified when setting up this process, which does not yet exist.

5.6.5: Special case of the annual closure of the Manufacture

No delivery may be made during the period when the Manufacture is closed. Consequently, certain stock differences and delivery times may be extended. DAUM cannot be held liable for this fact.

5.7 – Return, Withdrawal and / or Complaint

5.7.1: Conditions

a) Withdrawal

According to articles L121-21 et seq. Of the Consumer Code, the Customer has a right of withdrawal that he can exercise within fourteen calendar days of the date of receipt. In the event that this period expires on a Saturday, Sunday or a public holiday, it is extended until the first following working day.

The Customer who wishes to exercise his right of withdrawal must return the Articles within the aforementioned period, in their original packaging (in good condition), complete, new and unused, with the return slip available on the Site “ www.daum .fr ”.

The cost of returning the Items under this right of withdrawal will remain the responsibility of the Customer.

b) Non-compliance

In accordance with articles L217-4 to L217-12 of the Consumer Code, the Customer benefits from the legal guarantee of conformity of the Products ordered. Also, the Customer must send any complaints to DAUM by post or electronically accompanied by the completed return slip, available on the “www.daum.fr” Site. Only complaints relating to the Online Sale of Items will be taken into account.

5.7.2: Reimbursement and costs

Subject to written acceptance by DAUM of the reservation made, the Customer’s bank account will be credited within thirty (30) days from the date of receipt of the letter of withdrawal or complaint. The Customer will be reimbursed for the return costs, at the standard rate in force, only in the event of a return justified by non-compliance of the products delivered (product error or apparent defect). For all other cases, the return costs will remain the responsibility of the Customer.

5.7.3: Address and return conditions

All Product returns under this article will be made by Colissimo-Chronopost to the following address:

DAUM factory – Web returns service

Place called Les Cristalleries

54112 VANNES-LE-CHATEL

5.8 – Exchange Policy

The Customer who wishes to make an exchange must contact the sales department (contact.web@daum.fr) in order to check the availability of the desired product. Once the exchange has been agreed, the Customer must return the Items initially purchased within fourteen days, in their original packaging (in good condition), complete, new and unused, with the return slip that they received. they will have downloaded to their account.

5.9 – Transfer of ownership and default of payment

The transfer of ownership of DAUM products, to the benefit of the Customer, will only be carried out after full payment of the price by the latter, regardless of the delivery date of said products. In the event of non-payment by the Customer of all or part of the price of the Order, DAUM reserves, until full payment, a right of ownership over the products sold, allowing it to regain possession of said products.

The customer will retain responsibility for the risks (loss, theft or deterioration) concerning the items from the time they have been delivered to the address indicated. In the event that it has been agreed that the assumption of responsibility and / or delivery would be carried out in the absence of the sender or recipient, these will be deemed to have been perfectly carried out in view of the only information on the waybill. established by CHRONOPOST.

5.10 – Gift Exchange Policy

The exchange of gifts can only be done with the person who directly made the purchase.

ARTICLE 6 – SECURITY AND CONFIDENTIALITY OF DATA TRANSMITTED ONLINE

The DAUM company has taken all the necessary steps with the CNIL, under the declaration number “1850373 v 0”, to collect the personal data of its customers.

The information requested from the Customer is necessary for the processing of the Order, the delivery and the establishment of the invoice in particular. Indeed, the personal data which are collected on the Site are intended for the exclusive use of the company DAUM.

DAUM implements all the necessary means to ensure the security and confidentiality of data transmitted online (online payment on the “www.daum.fr” Site). For this purpose, this Site uses a secure SSL (Secure Socket Layer) payment method and works with secure solutions from OGONE.

In the event that the Customer consents to communicate individual personal data, he has an individual right of access, withdrawal and rectification of this data under the conditions provided for by law n ° 78-17 of 6 January 1978 relating to data processing, files and freedoms. To exercise this right, the User / Customer must contact the Communication Department of DAUM, 22 rue de la Trémoille, 75008 PARIS.

The bank details provided by the Customer are encrypted and do not pass through DAUM’s servers at any time.

ARTICLE 7- DURATION AND APPLICATION

These Conditions apply to any use, consultation and any purchase made on the “www.daum.fr” Site as long as the Site is online.

These Conditions can be modified at any time by DAUM. The applicable Conditions are those in force on the date of registration of the order.

ARTICLE 8 – LANGUAGE OF THESE GENERAL CONDITIONS OF SALE – APPLICABLE LAW

These General Terms and Conditions of Sale and relations resulting from the connection and / or consultation and / or use of this Site are governed and subject to French law. They are written in French. In the event that they are translated into one or more languages, only the French text will prevail in the event of a dispute.

ARTICLE 9 – DISPUTES

All disputes to which these GTCS may give rise will be subject to the exclusive jurisdiction of the Courts of Paris.

ARTICLE 10 – CUSTOMER ACCEPTANCE

The fact for a User / Customer of consulting or ordering on the DAUM Site implies full and complete acceptance and acceptance of these General Conditions of Sale, which is expressly recognized by the Customer, who waives, in particular, to take advantage of any contradictory document, which would be unenforceable against DAUM.

ARTICLE 11 – FORCE MAJEURE

The performance by DAUM of all or part of its obligations will be suspended in the event of the occurrence of a fortuitous event or force majeure which would hamper or delay its performance. Are considered as such, in particular, without this list being exhaustive, wars, riots, insurrection, social unrest, severe telephone or computer failures, strikes and any other nature and problem falling into this category in the common sense.