General conditions of sale
These general conditions of sale and use of the site (hereinafter, the "Conditions") apply between:
The company Doamabijoux , governed by the status of Auto Entrepreneur, registered in the Register of the Chamber of Trades of Versailles, under number 80915605200015, VAT not applicable, art. 293 B of the CGI, whose head office is located at 18, rue Raymond Patenotre, 78120 Rambouillet.
(Hereinafter, "We", "Our", "Ours" or "Doamabijoux"), and any adult natural person acting exclusively within the strict framework of their personal needs, who consults the website www.doamabijoux.com (hereinafter, the "Site") and/or makes a purchase from Doamabijoux (hereinafter "You", "Your", "Yours", the User" or the Internet user").
We ask that You read the Agreement (as defined below) carefully before using the Site and/or placing any order with Doamabijoux as this Agreement affects Your rights and obligations.
The simple use of the Site and/or the placing of any order constitutes knowledge and irrevocable agreement on Your part to the Contract. If You do not agree with any of these provisions, You are not authorized to use all or part of the Site and/or to place any order.
Please print a copy of the Contract for your records.
Article 1 - General Provisions
1.1 Useful contact details
If you wish to contact us, our contact details are as follows:
- telephone number: 00 33 (0)6 64 92 57 65 from Monday to Friday from 10:00 a.m. to 6:00 p.m. (French time).
- Email form, write to Sylvie Doagio: info@doamabijoux.com or by post to Doamabijoux, 18, rue Raymond Patenotre 78120 Rambouillet
The contact details of the Site host are as follows:
OVH SARL
140, quai du Sartel
59100 ROUBAIX
Tel: 0 899 701 761
Fax: 03 20 20 09 58
Email: support@ovh.com
1.2 Scope of the Contract
Your use of the Site and/or any purchase made from Doamabijoux are expressly and exclusively governed by (I) the Terms, (II) Our Data Protection Policy (data protection), and (III) any other terms and conditions published or otherwise referenced from time to time on the Site (together, the "Agreement"). Please note that the Terms prevail, in the event of any contradiction and unless expressly provided otherwise, over any other terms and conditions referred to in section (III) above.
1.3 Modifications to the Contract
The Contract may at any time be reviewed, updated or otherwise modified, in whole or in part, it being specified that when You place an order on the Site, the applicable Conditions are those in force on the Site on the date of registration of Your order.
1.4 Certificates
In the "product sheet" section, all the jewelry and semi-precious stones that We deliver to You are provided with a warranty certificate established by Doamabijoux. It describes their specific characteristics: name of the stone, size, carats, dimensions, colors, type and weight of the metal. The certificate will be provided to you in French or English.
Doamabijoux has a master's mark issued by the Garantie de Paris, which legitimizes the authenticity of the metals sold.
Article 2 – Price – Payment
2.1 The prices of Our products are indicated in euros, all taxes included, for the European market. We invite you to consult the following link (delivery) for more information concerning possible shipping costs and other handling costs that may apply and which, if applicable, will be indicated when placing Your order. This information concerns shipments to France.
Insert link
2.2 For any order to a country other than France, you are the importer of the product(s) ordered. For all products shipped outside the European Union, the price will be calculated including tax automatically on the invoice, because Doamabijoux is under the status of Auto Entrepreneur, VAT not applicable, art. 293 B of the CGI.
Customs duties, other local taxes, import duties or state taxes may be payable. These duties and sums are not Our responsibility and are not Our responsibility. They will be entirely Your responsibility and Your liability, both in terms of declarations and payments to the competent authorities and/or bodies. We advise You to inquire with the competent authorities of your country.
2.3 An invoice will be issued and sent to you upon receipt by Us of Your order (see article 3.2.3 below).
2.4 All orders are payable in euros: via a credit card or via a Paypal account.
2.5 Doamabijoux reserves the right to modify its prices at any time and without notice, subject to article 1.3 above. Products already ordered will remain invoiced on the basis of the rates in force at the time of registration of Your order.
2.6 You can pay for your orders :
1- by Credit Card
2- by Paypal
3- By bank transfer: to do this, you must contact me by email at info@doamabijoux.com, in order to obtain the details of our bank details.
2.7 Validation of the order upon receipt of payment either in the Doamabijoux bank account or in its Paypal account.
The order will be shipped upon receipt of payment and within the time frame for creating and manufacturing the jewelry, 3 to 5 weeks, as indicated on the product sheet.
Article 3 - Order and delivery
3.1 Conditions for placing an order
You declare:
- be at least 18 years old and have the legal capacity necessary to place and honor any order or hold parental authorization allowing you to place and honor any order and be able to justify this at any time, upon Our simple request;
- be a natural person acting within the framework of your personal needs (in the sense in particular that any order that You place must correspond to the normal needs of an individual).
3.2 Placing an order
3.2.1 Methods of award
- directly on the Site
3.2.2 Specific provisions applicable to placing an order on the Site
We will only acknowledge receipt of your order if the following steps are followed:
Step 1: You must enter all the data requested from you, namely:
- Your first and last name;
- Your contact details (telephone and email);
- Your precise billing address (for security reasons, We request that the billing address be the one registered by the institution issuing your bank card, in order to protect You from possible fraudulent use);
- Your precise delivery address (PO boxes are not accepted);
- Your payment method: credit card, Paypal, transfer.
2nd step: to validate your order, you must:
- check the data you have entered and correct any errors;
- check the box confirming that you have read and unreservedly accept the Contract;
- check the box confirming your GDPR agreement after reading the conditions, that you have read and unreservedly accept the Contract
- click on “validate”.
Step 3: After validating your Order, you must confirm it again as a precaution. To do this, you must:
- review the details of your order, including its total price;
- click on “confirm”.
3.2.3 Receipt of Your Order
As soon as Your order is registered (on the Site) and within a maximum period of 2 (two) working days from this registration, We acknowledge receipt of Your order and inform You thereof. Doamabijoux is only bound by the order from the sending of this acknowledgement of receipt. Doamabijoux reserves the right to refuse any order concerning a User, for just cause, in particular if there is a doubt or dispute relating to the payment of a previous order.
3.2.4 Changes to Your Order
Modifications by You:
Until the date of sending your purchases (which We inform You of -- see below), You have the possibility to modify all or part of Your order (in particular by adding or removing one or more products). Any modification will be analyzed as a new order which will completely cancel the previous one and must respect the process described above (order on the Site) to be taken into account by Doamabijoux. This ability to modify the order does not apply to orders for personalized products, tailor-made at Your request , in particular on the size of rings or on the sizes of bracelets .
Modifications by Us in the event of unavailability of the product ordered:
Our jewelry is made to order, hence the manufacturing time of 3 to 5 weeks, depending on the specificities of the jewelry.
In any event, we will give you the option of cancelling your order, except for pieces made to measure or personalized by their size, material and texture of the metal treatment .
We also reserve the right to cancel all or part of an order in the event of failure of one of our suppliers (lapidary, founder, plater, setter, diamond cutter, engraver, etc.) as well as in the event of force majeure.
We will notify You as soon as We become aware of it and will refund any sum that You have already paid Us in relation to the cancelled order or part of the order.
3.3 Delivery
3.3.1 Information
We will inform you in writing of the dispatch of your items.
We will send you in writing, at the latest at the time of delivery, confirmation of at least the following information:
- our identity (name, telephone number, head office), delivery costs, payment, delivery or execution terms
- the conditions and methods of exercising the right of withdrawal;
- the address where you can make any complaints
- the guarantees available to you after delivery.
- The expected shipping date of your order and the delivery date
- The delivery method
3.3.2 Place of delivery
The products are delivered to the delivery address that You indicated during the ordering process.
3.3.3 Delivery times
Unless longer manufacturing, processing, shipping and/or delivery times are required (of which We will inform You upon receipt of Your order), the products ordered will be delivered within a maximum of six (6) weeks from receipt of Your order (see section 3.2.3 above).
Delivery will be deemed to have taken place on the date of first presentation of the products at the delivery address indicated.
3.3.4 Delay in delivery
We invite you to call Doamabijoux (article 1.1 above).
We will keep You informed of any shipping delays of which We become aware. In this case.
3.3.5 Observations on delivery or products delivered
You must check the packages and products upon delivery. If you have any reservations or observations justifying the products being returned to us, you must proceed as indicated in article 4 below.
3.3.6 Property - Risk s
Transfer of ownership of the products takes place upon full payment of the price.
The transfer of risks on the products takes place upon delivery of the products.
Article 4 – Returns
4.1 Right of withdrawal
In application of the provisions of article L. 121-20 of the Consumer Code, You have a period of fourteen (14) clear days from receipt of the products to exercise Your right of withdrawal, without justification or penalties, except for custom-made jewelry and personalized by their stone, size, material, texture. Provided that they are in their condition of arrival, without marks or scratches.
Return costs are covered by Doamabijoux.
You must attach proof to your shipment in order for the refund to be made.
To do this, You must inform Doamabijoux customer service in writing or by telephone (see article 1.1 above) of Your decision before returning the products to Us, and then follow the return process described on the Site (return process).
We will reimburse you no later than thirty (30) days following the date on which your right of withdrawal was exercised.
4.2 Satisfied or refunded
Beyond the aforementioned right of withdrawal and up to fifteen (15) days after delivery, We give You the option of returning the products ordered which do not give You complete satisfaction for reimbursement or exchange, provided that they are in perfect condition, with sending several photos before returning them to Us.
To do this, You must imperatively inform Doamabijoux customer service in writing or by telephone (see article 1.1 above), in particular in order to obtain a special return code, of Your decision before returning the products to Us, indicate the reason for Your return and follow exactly the return process described on the Site (return process).
- If you return the products to us for exchange, the return costs and the new shipping costs will be covered by Doamabijoux; upon receipt of the exchanged products, you will no longer be able to benefit from the provisions set out in articles 4.1 and/or 4.2 above.
- If You return the products to Us for a refund, the initial shipping costs will be at Our expense, and the return costs will be at Our expense; We will refund You the price corresponding to the value of the products plus shipping costs no later than fifteen (15) days following the date on which Your return was accepted by Doamabijoux, as indicated in Article 4.3 below.
4.3 Conditions for accepting returns
Returns provided for in articles 4.1 and 4.2 above will only be accepted by Doamabijoux and will only give rise to reimbursement or exchange if:
(i) the return process described on the Site (return process) has been complied with;
(II) the products are returned to us complete (original of the certificate provided if applicable, accessories, case, instructions, etc.), in perfect condition and accompanied by a photo at the time of delivery and at the time of return shipping. A copy of the original purchase invoice; thus, items returned incomplete, damaged, damaged or soiled will not be accepted under any circumstances.
(III) Our specialists confirm that the setting and the stone, or any other constituent element of the product, are in conformity with the product which was sent to You, without damage, modification or intervention of any kind: scratches, fractures, various defects.
4.4 Refund and exchange terms
Any refund will be made by transfer to your bank account or to your Paypal account, which you will have sent to us at the time of the refund request.
In the event of an exchange, if the new order is for a higher amount than the order giving rise to the exchange, the User must attach payment of the balance to the exchange request. Conversely, if the amount of the exchange is lower than the amount of the order, the User will receive a refund of the overpayment under the same conditions as those referred to above.
Article 5 – Guarantees
5.1 Warranty regarding products
5.1.1 Contractual guarantee
Furthermore, the jewelry is guaranteed against defects for a period of one (1) year from delivery (parts and labor). We undertake to reimburse or exchange, at Our choice, any apparently defective jewelry that You return to Us during this period.
This guarantee will however only be granted to you if:
(i) all the conditions described in Article 4.3 (i) to (iii) are met;
(II) the defect that you are claiming does not result from:
- abnormal or non-compliant use;
- normal wear and tear or aging;
- an accidental event or, more generally, an external cause (such as the intervention of any unauthorized third party on the jewel).
- for vermeil or gold-plated jewelry, exposing them to chlorine from the swimming pool, chemical products, or skin acidity does not allow them to be exchanged, because we clearly indicate not to expose them to these products, at the risk of damaging them.
In addition, the costs of sending and returning jewelry are entirely Our responsibility.
5.1.2 Legal guarantees
Regardless of the warranty referred to in Article 5.1.1, Doamabijoux remains liable for defects in the conformity of the product to the Contract and for latent defects under the conditions set out in Articles 1641 to 1649 of the Civil Code:
"Article L. 211-4 of the Consumer Code: The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed on him by the contract or has been carried out under his responsibility.
Article L. 211-5 of the Consumer Code: To comply with the contract, the good must:
1° Be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or his representative, in particular in advertising or labeling;
2° Or present 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 which the latter has accepted.
Article L. 211-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.
Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.
Article 1648, first paragraph of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect."
5.2 Warranty regarding the Site
Without prejudice to the guarantees set out in Article 5.1 above, Doamabijoux does not provide any guarantee on the Site and/or the Content (as described in Article 7 below). In particular, Doamabijoux does not provide any guarantee as to the conformity of any of the elements of the Site for any particular use. Doamabijoux does not guarantee that the functions contained on the Site and that any Content or other element contained therein will be available at all times, uninterrupted or error-free, that any defects or errors will be immediately corrected or that the Site or its server will be at all times free of viruses or other components likely to cause damage.
Article 6: Liability
6.1 The jewelry offered complies with French legislation then in force. Doamabijoux cannot be held liable in the event of non-compliance with the legislation of the country where the jewelry is delivered. It is your responsibility to check with the local authorities the possibilities and procedures for importing the jewelry you plan to order and to respect them under your full responsibility.
Furthermore, if You choose to access the Site from territories other than France, You do so on Your own initiative and at Your own risk. It is Your responsibility to comply with local legislation to the extent that such legislation is applicable.
6.2 The photos of the jewelry are presented for illustrative purposes only. We invite You to refer to the description of each piece of jewelry to know its precise characteristics. In case of doubt or if You would like additional information, do not hesitate to contact Us (see article 1.1 above).
6.3 Doamabijoux's total liability for all damages that can be repaired under the Contract and that it may cause to You in the context of the Contract is incurred in the event of fraud or gross negligence, or in the event of liability for defective products.
It is specified that, within the framework of the Contract, the following are deemed to constitute indirect damages not giving rise to compensation by Doamabijoux, even if they are foreseeable: any loss of profits, turnover, data, databases or programs, loss of savings and any additional costs, as well as any damage to image and any claims by third parties.
In particular, Doamabijoux shall not be liable to You for damages caused by (I) your own act, omission or fault; (II) any case of force majeure as defined by the case law rendered by the French courts; (III) any third party not linked to Doamabijoux for the execution of the Contract (for example, in the event that the problems result from the performance, congestion or connection of telecommunications means or services, or the performance of your computer equipment); or (IV) any other event that neither Doamabijoux nor its suppliers could have foreseen or prevented even if Doamabijoux or its suppliers had taken all reasonable precautions.
In particular, the following will be considered to be Your own act, omission or fault: any damage or loss that You suffer resulting from the unsuitability or incompatibility of Your computer equipment (hardware and/or software) with all or part of the Site and/or the failure to implement all reasonable and necessary protections against all harmful programs, devices or communications, because it is Your responsibility, and Yours alone, to (I) check or have checked that Your computer and/or telecommunications equipment is suitable and compatible with the Site, before any use and (II) put in place and implement all reasonable and necessary protections against all harmful programs, devices or communications, in particular by means of anti-virus software.
6.4 The Site may contain links to other sites on the Internet. These other sites are not under the control of Doamabijoux and You acknowledge that Doamabijoux is not responsible for the accuracy, compliance with intellectual property rights, legality, decency or any other aspect of the content of these sites.
The inclusion of such a link does not imply any endorsement by Doamabijoux, nor any association with its operators. Doamabijoux cannot ensure that you will be satisfied with any product or service that you obtain on a third-party site that is the subject of a hyperlink from or to the Site, given that the channels of other online businesses belong to independent traders and are operated by them.
Doamabijoux does not endorse any merchandise and has not taken any steps to confirm the accuracy or reliability of any information contained on these third-party sites. We strongly encourage You to make any investigation You deem necessary or appropriate before engaging in any electronic transaction with any of these third parties.
6.5 Without prejudice to the provisions of Articles L. 211-12 of the Consumer Code and 1648 of the Civil Code (recalled in Article 5.1.2 above) and other mandatory legal provisions to the contrary, You agree that any claim or action originating from or linked to the use of all or part of the Site or to the Contract, must be formulated and implemented judicially on the merits within a period of one (1) year following the first of the two following dates, under penalty of limitation: the date on which the claim was formulated for the first time or the date on which the cause of the claim appeared for the first time.
Article 7 - Intellectual property
7.1 The Site and all elements (including products), documents and other data contained therein (the "Content"), whether written, visual or audio, are protected by the French and international rules applicable to, as the case may be, trademarks, trade names or service marks -- whether registered as such or not -- and trade names or other distinctive signs, copyright, related rights, sui generis rights, design rights, patents, manufacturing or commercial secrets or other rights of the same nature and belong to or have been licensed to Doamabijoux.
7.2 Your right to use the Site and any Content or other material contained therein is subject to Your compliance with the Agreement and any applicable laws or regulations. Any use of the Site or any Content for any purpose other than those permitted by the Agreement may constitute a violation of Our rights or those belonging to Our licensors:
(I) You may access and display any Content and other material on the Site only for non-commercial and private use;
(II) the Site and any Content may not be copied, reproduced, modified, republished, downloaded, posted, adapted, transmitted, distributed or used in any way without the prior written permission of Doamabijoux or except with applicable mandatory legal permission (in which case, You must keep intact all proprietary rights notices);
(III) decompiling, reverse engineering, disassembling or otherwise reducing the code used in any software on the Site to a readable form in order to examine its structure and/or to copy or create other products based (in whole or in part) on such software is prohibited, except for applicable mandatory legal exceptions (as provided for in Article L. 122-6-1 IV of the Intellectual Property Code);
(IV) You must not use meta tags or any other hidden text containing Our name, trademark(s) or that of companies related to Us without Our specific, prior and written consent;
(V) any User who wishes to place, for his personal use, on his site, a simple link directly referring to the home page of the Site, must obligatorily obtain in advance Our specific and written authorization; in no case can Our agreement engage Our responsibility, in any capacity whatsoever, on the Site or any Content;
(VI) any hyperlink referring to the Site using the framing or in-line linking technique is strictly prohibited.
Article 8: Comments, criticisms, communications and other content
8.1 Users may submit reviews, comments or other content to Us, or submit suggestions, ideas, questions or other information to Us, so long as such content is not illegal, obscene, abusive, threatening, defamatory, infringing of intellectual property rights, or otherwise injurious to third parties and does not consist of or contain software viruses, political campaigning, commercial solicitation, mass mailings, chain letters or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise misrepresent the origin of the content. We reserve the right, in our sole discretion, to remove or edit any content.
8.2 If You send Us content, and unless otherwise stipulated by You, You grant Us, for the applicable legal protection period, the non-exclusive and free right to reproduce, modify, adapt, publish, translate, distribute, sublicense and display this content worldwide, on the Site and on all media.
8.3 You represent and warrant to Us that you are the owner or holder of the necessary rights to the content that You transmit to Us. You agree to indemnify Us in the event of any action or claim by a third party against Us where such action is caused, based on or originates from the content that You have communicated to Us.
Article 9: Applicable law - Competent jurisdiction
9.1 The Contract is subject to French law (excluding the rules applicable to conflicts of laws).
9.2 In the event of a dispute, only the French courts will have jurisdiction.
Article 10: Miscellaneous
10.1 If any provision of the Contract should be declared illegal, void or unenforceable for any reason whatsoever and it is not possible to substitute for it by operation of law a reasonable provision having a similar effect (an operation which the parties already allow any court seized of the dispute in question to carry out, to the extent that the applicable law allows it), this provision will then be considered capable of being disjoined from the Contract and will not affect the validity and enforceability of the other provisions to the fullest extent possible under the terms of applicable law.
10.2 The fact that Doamabijoux does not exercise one of the rights granted to it under the Contract cannot be interpreted for the future as a waiver of the right in question nor as an obstacle to the exercise of any other right.
10.3 We may transfer (by any means and in any form, including by merger) Our rights and obligations under the Agreement, without notice to you: (i) to any entity that is or becomes related to Us, or (ii) to any person or entity that acquires control directly or indirectly of all or a significant part of Our property or capital or voting rights or those of any of Our related entities. You may not transfer (by any means) the Agreement without our prior written consent.
10.4 We may give You any notice under the Agreement either by posting on the Site, by email, or by regular, express or registered mail to Your address as held in our systems, at Our option. You acknowledge and agree that either of these methods of notice, as chosen by Us, is sufficient for Your information.
10.5 Doamabijoux may rely, in particular for the purposes of proof of any act, fact or omission, on programs, data, files, recordings, operations and other elements (such as monitoring reports or other statements) of a nature or in a computer or electronic format or medium, established, received or stored directly or indirectly by it, except in the event of abuse or manifest error. You undertake not to contest the admissibility, validity or probative force of the aforementioned elements of a nature or in a computer or electronic format or medium.
10.6 For any order placed on the Site for an amount equal to or greater than 120 (one hundred and twenty) euros (including tax), Doamabijoux will archive the Contract in force at the time of the order, the order itself and the acknowledgement of receipt sent by Doamabijoux, for a period of ten (10) years from the delivery of the products subject to the order.