General conditions of sale
These General Terms and Conditions of Sale and Use of the Site (hereinafter, the "Terms") apply between:
The company Doamabijoux, operating under the status of Auto Entrepreneur, registered with the Registry of the Chamber of Trades of Versailles, under number 80915605200015, VAT not applicable, art. 293 B of the CGI, whose registered office is located at 18, rue Raymond Patenotre, 78120 Rambouillet.
(Hereinafter, "We", "Our", "Us" 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 You to carefully read the Agreement (as defined below) before using the Site and/or placing any order with Doamabijoux insofar as this Agreement affects Your rights and obligations.
The mere use of the Site and/or the placement of any order constitutes Your knowledge and irrevocable agreement to the Agreement. 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 Agreement 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 Agreement
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) all 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 case of contradiction and unless expressly stipulated otherwise, over all other terms and conditions mentioned in section (III) above.
1.3 Amendments to the Agreement
The Agreement may be reviewed, updated or otherwise modified, in whole or in part, at any time, it being specified that when You place an order on the Site, the applicable Terms are those in force on the Site on the date Your order is registered.
1.4 Certificates
In the "product sheet" section, all jewelry and semi-precious stones that We deliver to You are provided with a guarantee certificate issued 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 in French or English.
Doamabijoux has a master's hallmark 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 any shipping costs and other processing fees that may apply and which, if applicable, will be indicated when You place Your order. This information concerns shipments in 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 automatically including all taxes on the invoice, as 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 do not fall under Our responsibility. They will be entirely Your responsibility, both in terms of declarations and payments to the competent authorities and/or organizations. We advise You to inquire with the competent authorities in your country.
2.3 An invoice will be issued and sent to you upon Our receipt of Your order (see article 3.2.3 below).
2.4 All orders are payable in euros: via credit card, via Apple Pay 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 prices in force at the time Your order was registered.
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 us by email at info@doamabijoux.com, to obtain details of our bank details.
4- Apple Pay
2.7 Order validation upon receipt of payment either to Doamabijoux's bank account, or to its Apple Pay or Paypal account.
The order will be shipped upon receipt of payment and within the jewelry creation and manufacturing time frame of 3 to 5 weeks, as indicated on the product sheet.
Article 3 - Order and delivery
3.1 Conditions for placing an order
You declare:
- to be at least 18 years old and have the necessary legal capacity to place and honor any order or to hold parental authorization allowing you to place and honor any order and be able to justify it at any time, upon Our simple request;
- to be a natural person acting within the scope of your personal needs (in this sense, in particular, that any order You place must correspond to the normal needs of an individual).
3.2 Placing an order
3.2.1 Methods of placing an order
- directly on the Site
3.2.2 Specific provisions applicable to placing an order on the Site
We acknowledge receipt of Your order only if the following steps are respected:
1st step: 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 issuing institution of 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, bank 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 Agreement;
- check the box confirming your GDPR agreement after reading the conditions, that You have read and unreservedly accept the Agreement
- click on "validate".
3rd step: after validating Your Order, You must, as a precaution, confirm it again. To this end, 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 of 2 (two) working days from this registration, We acknowledge receipt of Your order and inform You. Doamabijoux is only bound by the order from the sending of this acknowledgment of receipt. Doamabijoux reserves the right to refuse any order concerning a User, for a just cause, especially if there is a doubt or a dispute relating to the payment of a previous order.
3.2.4 Modifications to Your order
Modifications by You:
Until the dispatch date of your purchases (of which We will inform You -- see below), You have the option to modify all or part of Your order (in particular by adding or removing one or more products). Any modification will be considered a new order that will completely cancel the previous one and must follow 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, custom-made at Your request, especially for ring sizes or bracelet sizes.
Modifications by Us in case of unavailability of the ordered product:
Our jewelry is made to order, hence the manufacturing time of 3 to 5 weeks, depending on the specificities of the jewelry.
We will in any case allow You to cancel Your order, except for custom-made or personalized items due to their stone, 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 a failure by one of our suppliers (lapidary, founder, plater, setter, diamond dealer, engraver, etc.) as well as in the event of force majeure.
We will inform You as soon as We become aware of it and will refund any sums You may have already paid to Us in relation to the canceled 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 written confirmation of at least the following information no later than the time of delivery:
- our identity (name, telephone number, registered office), delivery costs, payment, delivery or performance methods
- the conditions and modalities for exercising the right of withdrawal;
- the address where You can make Your possible complaints
- the guarantees You have after delivery.
- The estimated shipping date of Your order and the delivery date
- The delivery method
3.3.2 Delivery location
Products are delivered to the delivery address You indicated during the order 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), ordered products are 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 to the indicated delivery address.
3.3.4 Delivery delay
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 delivered products
You must imperatively check the packages and products upon delivery. If You have any reservations or observations justifying that the products be returned to us, You must proceed as indicated in article 4 below.
3.3.6 Ownership - Risks
Ownership of the products transfers 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 they are in their original condition, without marks or scratches.
Return costs are covered by Doamabijoux.
You must attach proof of purchase to your shipment for the refund to be processed.
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 refund You at the latest thirty (30) days following the date on which your right of withdrawal was exercised.
4.2 Satisfaction or your money back
Beyond the aforementioned right of withdrawal and up to fifteen (15) days after delivery, We give You the option to return ordered products that do not give You complete satisfaction for a refund or exchange, provided they are in perfect condition, with several photos sent before returning them to Us.
To do this, You must inform Doamabijoux customer service in writing or by telephone (see article 1.1 above), in particular to obtain a special return code, of Your decision before returning the products to Us, indicate the reason for Your return, and strictly follow the return process described on the Site (return process).
- If You return the products to Us for exchange, the return costs and new shipping costs will be borne 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 borne by Us, and the return costs will be borne by Us; We will refund 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 be eligible for refund 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 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 shipment. A copy of the original purchase invoice; thus, incomplete, damaged, or soiled returned items will not be accepted under any circumstances.
(III) Our specialists confirm that the setting and the stone, or any other component of the product, are indeed in conformity with the product sent to You, without damage, modification, or intervention of any kind: scratches, fractures, various defects.
4.4 Refund and exchange procedures
Any refund will be made by bank transfer to your bank account or PayPal account, which you will have provided 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 being exchanged, the User must include payment for the remainder with the exchange request. Conversely, if the exchange amount is lower than the order amount, the User will receive a refund of the overpayment under the same conditions as those referred to above.
Article 5 – Warranties
5.1 Product warranty
5.1.1 Contractual Warranty
Furthermore, jewelry is guaranteed against defects for a period of one (1) year from delivery (parts and labor). We undertake to refund or exchange, at Our discretion, jewelry that appears to be defective and that You return to Us during this period.
However, this warranty will only be granted to You if:
(I) all the conditions described in article 4.3 (i) to (iii) are met;
(II) the defect You claim does not result from:
- abnormal or improper use;
- normal wear and tear or aging;
- an accidental event or, more generally, an external cause (such as intervention by any unauthorized third party on the jewelry).
- for vermeil or gold-plated jewelry, exposing them to swimming pool chlorine, chemicals, or skin acidity does not allow them to be exchanged, as we clearly indicate not to expose them to these products, at the risk of damaging them.
In addition, shipping and return costs for jewelry are fully borne by Us.
5.1.2 Legal Guarantees
Independent of the warranty referred to in article 5.1.1, Doamabijoux remains liable for conformity defects of the product to the Contract and for hidden defects under the conditions provided for in articles 1641 to 1649 of the Civil Code:
"Article L. 211-4 of the Consumer Code: The seller is obliged to deliver goods that conform to the contract and is liable for any conformity defects existing at the time of delivery. He is also liable for conformity defects resulting from the packaging, assembly instructions, or installation when the latter was carried out by him under the contract or under his responsibility.
Article L. 211-5 of the Consumer Code: To be in conformity with the contract, the goods must:
1° Be fit for the purpose usually expected of similar goods and, where applicable:
- 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;
- present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or his representative, particularly in advertising or labeling;
2° Or present the characteristics defined by mutual agreement by the parties or be fit for any special purpose 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 time-barred after two years from the delivery of the goods.
Article 1641 of the Civil Code: The seller is bound by the warranty against hidden defects of the sold item which render it unfit for the use for which it is intended, or which diminish this use so much that the buyer would not have acquired it, or would have given only a lower price for it, had he known of them.
Article 1648, first paragraph, of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect."
5.2 Website Warranty
Without prejudice to the warranties set forth in article 5.1 above, Doamabijoux provides no warranty on the Site and/or Content (as described in article 7 below). In particular, Doamabijoux provides no warranty as to the suitability of any element of the Site for any particular purpose. Doamabijoux does not guarantee that the functions contained on the Site and any Content or other element appearing 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 at all times be free of viruses or other components likely to cause damage.
Article 6: Liability
6.1 The jewelry offered complies with current French legislation. 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 local authorities the possibilities and procedures for importing the jewelry you intend to order and to comply with them under your sole responsibility.
Furthermore, if You choose to access the Site from territories other than France, You do so on Your own initiative and at Your sole risk. It is Your responsibility to comply with local legislation insofar as that legislation is applicable.
6.2 The photos of the jewelry are for illustrative purposes only. We invite You to refer to the description of each piece of jewelry for its precise characteristics. In case of doubt or if You would like further information, please do not hesitate to contact Us (see article 1.1 above).
6.3 Doamabijoux's total liability for all compensable damages under the Contract, which it may cause You within the framework of the Contract, is engaged in cases of fraud or gross negligence, or in cases of liability for defective products.
It is specified that, within the framework of the Contract, any loss of profit, turnover, data, databases or programs, deprivation of savings and all additional costs, as well as all damage to image and all third-party claims, are deemed to constitute indirect damages not giving rise to compensation by Doamabijoux, even if they are foreseeable.
Doamabijoux will notably 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 French jurisprudence; (III) any third party not related to Doamabijoux for the performance of the Contract (for example, if 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, any damage or loss that You suffer resulting from the inadequacy or incompatibility of Your computer equipment (hardware and/or software) with all or part of the Site and/or the absence of implementation of all reasonable and necessary protections against any harmful programs, devices or communications will be considered as Your own act, omission or fault, as it is Your sole responsibility 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) implement and apply all reasonable and necessary protections against any harmful programs, devices or communications, notably by means of anti-virus software.
6.4 The Site may contain links to other websites on the Internet. These other websites are not under the control of Doamabijoux, and You acknowledge that Doamabijoux is not responsible for the accuracy, 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 or any association with its operators. Doamabijoux cannot guarantee that you will be satisfied with any product or service that you obtain from a third-party site linked to or from the Site, as the channels of other online businesses are owned and operated by independent merchants.
Doamabijoux does not promote any merchandise and has taken no steps to confirm the accuracy or reliability of any information contained on these third-party sites. We strongly encourage You to conduct any research 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 imperative legal provisions to the contrary, You agree that any claim or action originating from or related to the use of all or part of the Site or the Contract must be formulated and judicially implemented on the merits within one (1) year following the earlier of the following two dates, failing which it shall be time-barred: the date on which the claim was first formulated or the date on which the cause of the claim first appeared.
Article 7 - Intellectual Property
7.1 The Site and all elements (including products), documents and other data appearing therein (the "Content"), whether written, visual or audio, are protected by applicable French and international rules relating, as the case may be, to trademarks, trade names or service marks -- whether or not registered as such -- and trade names or other distinctive signs, copyrights, neighboring rights, sui generis rights, design rights, patents, manufacturing or trade 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 element appearing therein is subject to Your compliance with the Contract and any applicable law or regulation. Any use of the Site or any Content for any purpose other than those authorized by the Contract may constitute an infringement of our rights or those belonging to Our licensors:
(I) You may only access and display any Content and any other element of the Site 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 authorization of Doamabijoux or unless legally mandatory (in which case, You must keep all proprietary notices intact);
(III) decompilation, reverse engineering, disassembly or otherwise reducing the code used in any software on the Site to a readable form in order to examine its structure and/or copy or create other products based (in whole or in part) on this software are prohibited, except for 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, brand(s) or that of related companies without Our specific, prior and written agreement;
(V) any User who wishes to place, for personal use, on their site, a simple link directly referring to the Site's homepage, must first obtain Our specific and written authorization; in no case shall Our agreement engage Our liability, for any reason whatsoever, on the Site or any Content;
(VI) any hypertext link referring to the Site by framing or in-line linking is strictly prohibited.
Article 8: Comments, reviews, communications and other content
8.1 Users may send Us reviews, comments or any other content, submit suggestions, ideas, questions or any other information as long as such content is not illegal, obscene, abusive, threatening, defamatory, infringing on intellectual property rights, or prejudicial to third parties and does not consist of or contain computer viruses, political activism, commercial solicitations, mass mailings, chain letters or any other form of "spam". You must not use a false e-mail address, impersonate any person or entity, or lie about the origin of the content. We reserve the right, at 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 declare and warrant to Us that You own or hold the necessary rights to the content You transmit to Us. You agree to indemnify Us in the event of an action or claim by a third party against Us if such action is caused by, based on, or originated from the content You have provided to Us.
Article 9: Applicable Law - Competent Jurisdiction
9.1 The Contract is governed by French law (excluding conflict of laws rules).
9.2 In case of dispute, only French courts will have jurisdiction.
Article 10: Miscellaneous
10.1 If any provision of the Contract is declared illegal, void or unenforceable for any reason whatsoever, and it is not possible to substitute it as of right with a reasonable provision having a similar effect (an operation which the parties already permit any court seized of the dispute concerned to carry out, to the extent permitted by applicable law), then this provision shall be deemed severable from the Contract and shall not affect the validity and enforceability of the other provisions to the fullest extent possible under applicable law.
10.2 Doamabijoux's failure to exercise any of its rights under the Contract shall not be construed in the future as a waiver of the right in question nor as an impediment 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 Contract, without having to notify you: (I) to any entity that is or will be affiliated with Us, or (ii) to any person or entity that directly or indirectly acquires control of all or a significant part of Our assets or Our capital or voting rights or those of one of Our affiliated entities. You may not transfer (by any means whatsoever) the Contract, without first obtaining Our written consent.
10.4 We may send you any notice provided for in the Contract, either by publication on the Site, or by e-mail, or by ordinary, express or registered mail to Your address in Our systems, at Our discretion. You acknowledge and agree that any of these notification methods, chosen by Us, is sufficient for your information.
10.5 Doamabijoux may rely, in particular for evidentiary purposes for any act, fact or omission, on programs, data, files, records, operations and other elements (such as monitoring reports or other statements) of an IT or electronic nature or format or medium, established, received or kept directly or indirectly by it, except in cases of abuse or manifest error. You undertake not to challenge the admissibility, validity or probative force of the aforementioned IT or electronic elements or formats or media.
10.6 For any order placed on the Site for an amount equal to or greater than 120 (one hundred and twenty) euros (including VAT), Doamabijoux shall 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 that are the subject of the order.