Terms of sale
GENERAL TERMS OF SALE
1. Parties
The Seller
Chamour SAS, a simplified joint stock company (société par actions simplifée) with a capital of 1,000 euros, registered with the Registre du Commerce et des Sociétés de Paris under number 915 395 453, whose registered office is located at 52 rue Blanche, 75009 Paris, France - VAT identification number FR68915395453, e-mail address contact@daiquiriparis.com (hereinafter the "Seller").
The DAÏQUIRI online store is hosted by Shopify.
The DAÏQUIRI online store is the official online store for DAÏQUIRI products in France and worldwide.
The present general terms and conditions of sale (hereinafter the "General Terms and Conditions of Sale") apply without restriction or reserve to all sales of DAÏQUIRI products offered on the DAÏQUIRI online store (hereinafter the "Products") by the Seller.
The Customer
The General Terms and Conditions of Sale apply solely to orders for Products placed on the DAÏQUIRI online store by natural persons of legal age who have the capacity to contract and meet the definition of a consumer, as defined by the French Code de la consommation (hereinafter the "Customer").
The Customer acknowledges having read the General Terms and Conditions of Sale when placing the order and at the latest when validating the order.
Customer Service
For any question or complaint relating to an order placed on the DAÏQUIRI online store, the Customer may contact the customer service (hereinafter the "Customer Service") by email at the following address: contact@daiquiriparis.com
2. Scope of the present General Terms and Conditions of Sale
The General Terms and Conditions of Sale are completed by the Privacy Policy of the DAÏQUIRI online store.
The General Terms and Conditions of Sale are subject to modification at any time by the Seller. The applicable version is the one in force at the time of the validation of the order by the Customer, which is achieved by the payment of the order by the Customer as confirmed by the order confirmation e-mail.
3. Information on the Products
The Products offered by the Vendor are those listed on the DAÏQUIRI online store.
When browsing the DAÏQUIRI online store, the Customer can access the description of each Product (in particular the name of the Product, its reference, its price, its color, its composition and, if applicable, the special collection to which it belongs).
As stated on all Product pages and on the Sizing guide page, the natural character of our natural pearls and stones implies that their diameter may vary. All Products' measurements may naturally be up to 1 centimeter shorter or longer than indicated for necklaces, bracelets and trousers chains and up to 3 centimeters shorter or longer than indicated for body jewelry.
4. Ordering process and conclusion of the sales contract
Ordering process
To select the Products he/she wishes to purchase, the Customer must click on the "Add to Cart" button on the Product page. By clicking on the "shopping cart" icon at the top right of the screen, the Customer has the possibility to check the content of his shopping cart, as well as the prices and characteristics of the Products added to his shopping cart. He can then finalize his order by clicking on "Proceed to payment".
Customized service
Custom orders are available. For any request, contact our the Customer Service thorugh the Custom Orders page. DAÏQUIRI reserves the right to refuse, at its sole discretion, any non-compliant request. The Customer's order will then be cancelled and refunded within seven (7) working days. Notwithstanding articles 8 and 9 and subject to the applicable legal guarantees of conformity, as "custom" Products are personalized Products, they cannot be exchanged and/or reimbursed and cannot be the subject of a retraction request.
Conclusion of the sales contract
To finalize his order, the Customer, after having checked the content and the price of the Products of his order :
- accept the General Terms and Conditions of Sale as well as the Privacy Policy, this acceptance being essential to the conclusion of the sales contract,
- choose the method of delivery of his order, if necessary after having taken note of the times and prices of each of the proposed modes of delivery, indicated on the page;
- select the method of payment chosen from among the proposed methods of payment.
The Customer must then proceed with the payment. By finalizing the payment, the Customer accepts to be bound to the Seller by a sales contract and agrees to pay the amount of the order placed on the DAÏQUIRI online store. Any validation of the order by the Customer implies express acceptance of the General Terms and Conditions of Sale by the Customer without any restriction or reservation.
Confirmation of the order
The Vendor confirms by email, to the address indicated by the Customer when placing the order and as soon as possible, the successful receipt of the order placed by the Customer. The confirmation email shall include a summary of the order placed by the Customer as well as a reminder of the General Terms and Conditions of Sale applicable to the sales contract.
Modification and cancellation of the order
Once the Customer has validated the order, he/she can neither cancel nor modify the order.
It should be noted that the Seller reserves the discretionary right to cancel or refuse excessive orders from a Customer.
5. Product availability
The Vendor makes every effort to ensure that the Products offered on the DAÏQUIRI online store and ordered by the Customer can be delivered. However, for technical reasons specific to online retailing, it may happen that the Products chosen by the Customer are no longer available when the order is confirmed by the Vendor. In this case, the order will be cancelled and the Customer will be automatically refunded the price of the Product concerned, as well as the delivery costs if the order did not contain any other Product. If only a part of the Products ordered by the Customer is unavailable, the other Products will be delivered and the Customer will be refunded the amount of the unavailable Product(s).
6. Payment
Price of the Products
The currency and the price are mentioned on the Product page of the online store as well as in the "Shopping Cart" and throughout the ordering process.
The price of the Product does not include any delivery costs, if any, which are indicated to the Customer during the order validation process and before the Customer confirms the order.
Obligation to pay for the order
The Customer is informed and acknowledges that by placing an order on the DAÏQUIRI online store, he/she undertakes to pay the Seller the full amount of the order at the time of validation of the order and declares that he/she has the capacity and means necessary to honour it.
Accepted means of payment
The Customer can pay his order by credit card such as Visa, Mastercard or American Express, through the Paypal website (in this case, the Paypal account will be debited immediately) or through ShopPay.
The Customer can also pay in 2, 3 or 4 installments with no extra fee thanks to ALMA. ALMA's transaction fees will be covered by The Seller.
Reservation of ownership
The Products ordered by the Customer remain the property of the Seller until full payment of the amount of the order of the Products (including delivery costs).
7. Delivery of the order
Place of delivery
Products ordered on the DAÏQUIRI online store can only be delivered in France and internationally in the other countries indicated in the drop-down menu during the ordering process.
Delivery costs and times
When ordering, the Customer can choose between different types of delivery. The default delivery method is standard delivery.
Orders are shipped by the Seller within a maximum of 7 working days.
The costs and delivery times depend on the delivery destination chosen by the Customer:
- Delivery in Metropolitan France (including Corsica): 5 euros for orders under 100 euros, free delivery for orders over 100 euros, and indicative delivery time of 2 to 4 working days from the expedition of the order by the Seller;
- Delivery in French overseas departments: 9 euros for orders under 100 euros, free delivery for orders over 100 euros, and indicative delivery time of 6 to 18 working days from the expedition of the order by the Seller;
- Delivery in the European Union, the United Kingdom and Switzerland: 9 euros for orders under 100 euros, free delivery for orders over 100 euros, and indicative delivery time of 3 to 8 working days from the expedition of the order by the Seller; and
- International delivery (outside the European Union, the United Kingdom and Switzerland): delivery at a price between 15.29 euros and 24.65 euros depending on the destination country and indicative delivery time of 7 to 9 working days from the expedition of the order by the Seller.
Delivery tracking
The Customer receives an email to confirm the shipment of the order and to indicate the tracking link that will allow him to locate the package.
Delay in delivery
In case of delay in the delivery of the order in relation to the deadline indicated by the Seller, the Customer may formally request the Seller to make the delivery within a reasonable additional time in the following ways:
- by email to: contact@daiquiriparis.com
In the absence of delivery within the additional reasonable time, the Customer has the right to cancel the order with the Seller and to cancel the sales contract according to the same modalities, namely
- by email addressed to: contact@daiquiriparis.com
The contract shall be deemed to be terminated on the date of receipt by the Seller of the written notice of termination. If the delivery has taken place in the meantime, the contract will not be considered terminated. If the delivery time is an essential condition of the sales contract for the Customer, the Customer may immediately terminate the sales contract in the manner described above, without requiring the Seller to deliver within a reasonable additional period. The decisive factor for the delivery period may be the circumstances surrounding the conclusion of the contract. If delivery is made in the meantime, the order shall be returned to Seller in its entirety and Customer shall be refunded the amount of the order and the return shipping costs in accordance with the refund policy set forth in these General Conditions.
Delivery issues
In case of error in the address indicated by the Customer for the delivery or if for any reason whatsoever, the delivery is not possible, the package will be returned to the Seller and the order will be cancelled. The Customer will be reimbursed for the amount of the order, excluding delivery charges which will remain with the Seller. The Seller shall not be liable for any delay in performance or failure to perform resulting from an external event unforeseeable at the time of the order, such as (but not limited to) wars, acts of terrorism, strikes, national or local emergencies, transportation failures, power or utility failures, pandemics, earthquakes or other natural disasters. In this case, the responsibility of the Seller cannot be engaged and no refund can be made to the benefit of the Customer, the sums paid will remain acquired by the Seller.
Conformity of the order and reservations
If the Products received by the Customer do not correspond to those ordered or in the event of an order received incomplete or damaged during transport, it is the Customer's responsibility to express reservations and to contact the Customer Service to inform it of the difficulties encountered within 48 hours following delivery of the Products. If no reservations are made within the aforementioned 48-hour period, the delivery will be deemed compliant.
Transfer of risks
The risks of loss and damage to the Products ordered are transferred to the Customer at the time when the Customer, or a third party designated by the Customer, other than the carrier, takes physical possession of the order.
8. Right of withdrawal
The right of withdrawal cannot be exercised on personalized Products, in particular linked to the use of the "custom" function available on the Product pages.
The right of withdrawal can be exercised remotely with the Customer Service as described below.
Right of withdrawal through the Customer Service
The Customer has a period of 14 days from the date of receipt of the Product(s) (by him or by any third party designated by him other than the carrier) to inform the Seller of his wish to exercise his right of withdrawal, without having to substantiate his reasons.
In the case of an order for several Products delivered separately or in the case of an order for a Product composed of several batches or multiple pieces whose delivery is staggered over a defined period, the period shall run from the date of receipt of the last good or batch or the last piece.
How to exercise the right of withdrawal with the Customer Service
To exercise his right of withdrawal, the Customer must :
- within 14 days of receiving the Product, inform the Seller of his decision to withdraw by sending an email to the following address: contact@daiquiriparis.com with a statement expressing his desire to withdraw and indicating his name, first name, address and order number, as well as the references of the returned Products;
- at the latest within 14 days following the notification of his decision to withdraw, return the Products concerned, in perfect condition and in their original packaging. Failing this, the Seller reserves the right to refuse the return of the Products. The Customer must send the Product(s) in their complete original packaging, in new and unworn condition, to the address provided by the Customer Service.
DAÏQUIRI reserves the right to refuse the return of damaged items (missing or broken beads or parts, scratches, indelible marks or stains or any other sign of wear and tear on the Product).
Any product purchased during a Flash sale or a Black Friday sale is non-refundable. In accordance with the right of withdrawal, it may be returned within fourteen (14) calendar days from the date of receipt of the product, resulting in an exchange or a store credit.
DAÏQUIRI does not assume the shipping costs as well as any customs duties and taxes for the return. We recommend that you use a regular return method to ensure that the Product is received in our workshop. DAÏQUIRI declines all responsibility for the tracking or any loss of the Products returned by the shipping service used.
If the Customer selected ALMA as their payment method, ALMA's transaction fees, initially covered by the Seller, will not be refunded by ALMA and thus will not be returned to the Customer.
The Customer will be informed by email to the address given at the time of the order of the good reception by the Seller of the returned Products and of the acceptance of the return within a maximum of ten (10) working days from the date of reception. As soon as the return is accepted, a credit note for the value of the Product(s) initially purchased and valid for twenty-four (24) months from the date of acceptance of the return will be offered to you, to be used on the DAÏQUIRI online store.
For any question related to the return of one or several Products, the Customer is invited to contact the Customer Service at the following address: contact@daiquiriparis.com.
9. Exchange of Products
No exchange request will be taken into account. We invite you to make a return and order a new item.
10. Legal guarantees
For any Product purchased from the DAÏQUIRI online store, the Customer benefits from the following guarantees:
- a two-year guarantee of conformity, as provided for in articles L. 217-3 to L. 217-20 of the French Code de la consommation; and
- a two-year guarantee relating to hidden defects, as provided for in articles 1641 to 1649 of the French Code civil.
In order to facilitate the execution of these guarantees when needed, the Customer must keep the order confirmation and/or the invoice of the Product.
Any defect, breakage or deterioration of the Product resulting from improper use of the Product by the Customer shall not give rise to the activation of any legal or commercial warranty. In this respect, it is reminded that the oxidation of 925 sterling silver pieces is a natural phenomenon, accelerated by the contact of the material with agents such as perfume, sea air, sulphur, hair care creams, hair spray, chlorine and the degree of acidity of the skin. The use of the Products should be adapted accordingly. It is also recommended not to wear DAÏQUIRI Products during sports activities or while sleeping and to keep them in their original pouch.
The conformity guarantee
A Product is in conformity if it is fit for the purpose for which it was intended, corresponds to the description given by the Seller and has the qualities that the Customer may legitimately expect in view of the Seller's statements.
In case of lack of conformity of the Product at the time of its delivery and for a period of two years following its delivery date, the Customer may choose between repair or replacement of the Product. However, if this choice entails a disproportionate cost in relation to the value of the Product, the Seller shall not be obliged to respect this choice.
If repair or replacement of the Product is not possible, the Customer may choose to return the Product and receive a refund, or keep the Product and receive a refund of a portion of the purchase price of the Product.
Defects appearing within twenty-four months of delivery of the Product shall be presumed to have existed at the time of delivery, unless the Seller proves that this presumption is not compatible with the nature of the Product or the alleged lack of conformity.
To benefit from this guarantee, please contact us by email at contact@daïquiri.com with a description of the encountered problem, your order number and email address. As the case may be, we will then send you a pre-paid return label so that you can send the defective product back to us.
Once we receive your Product, we will repair or replace it within 14 business days, subject to availability. We will also cover the cost of shipping the repaired or replaced Product back to you. If we are unable to repair or replace the Product within a reasonable period of time, we will issue a full refund of the price paid for the Product (including any shipping costs, but excluding taxes).
The guarantee relating to hidden defects
In the event of a hidden defect in a Product that makes it unfit for use or reduces its use, the Customer benefits from a two-year warranty for hidden defects and may choose either to return the Product and be reimbursed for its price and related costs, or to keep the Product and have part of its price returned to him.
For information purposes, the articles of the French Code civil relating to the conformity guarantee are annexed to these General Terms and Conditions of Sale.
To benefit from this guarantee, please contact us by email at contact@daïquiri.com with a description of the encountered problem, your order number and email address.
11. Intellectual property rights
All the elements and Products featured on the DAÏQUIRI online store are protected by intellectual property rights, in particular copyright, trademark law, design and model law, patent law, as well as sui generis rights.
Any reproduction, representation, use or modification, in whole or in part, of these elements is prohibited.
12. Personal data
Within the framework of the treatment of your order and the customer relationship, the Seller collects and treats the personal data of the Customer as well as that of the recipient of the order if it is different.
The Seller respects the confidentiality of this data and undertakes to comply with the applicable laws and regulations when processing it.
The Customer is informed that his data may be used by the Vendor or a third party designated by him to ensure the processing of his order, to inform him of new Products and promotional offers, promotional contests, etc.
Customers have the right to access, oppose, rectify and delete data concerning you. To exercise this right, we invite you to contact the Customer Service.
For more information on the processing of personal data, we invite you to consult the Privacy Policy.
13. Independence of the clauses
If one or more stipulations of the present General Terms and Conditions of Sale are found to be invalid, unlawful or inapplicable, for whatever reason, the validity of the other stipulations of the General Terms and Conditions of Sale will not be affected and the other stipulations will remain in force.
14. Electronic evidence
By using an online sales service, you agree that all statements, notices, information and other communications to you will be transmitted electronically, except where mandatory legal requirements dictate the use of a non-electronic writing. In the event of a dispute, the document stored in the Seller's computer system will be deemed authentic.
15. Settlement of disputes by mutual agreement
In accordance with the provisions of Article L.612-1 of the French Code de la consommation: "Any consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of a dispute between him and a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation system.
The professional may set up his own consumer mediation scheme or offer the consumer recourse to any other consumer mediator meeting the requirements of this title.
Where there is a consumer mediator whose competence extends to all the businesses in an area of economic activity to which he belongs, the professional shall always allow the consumer to have recourse to it.
The methods by which the mediation process is implemented are specified by decree in the Conseil d'Etat."
The disputes falling within the scope of Article L.612-1 of the French Code de la consommation are the disputes defined in Article L.611-1 of the French Code de la consommation, i.e. disputes of a contractual nature, relating to the performance of a contract of sale or supply of services, between a consumer and a professional. The text covers both national and cross-border disputes.
In accordance with the provisions of the French Code de la consommation concerning the amicable settlement of disputes, the Seller has appointed the Centre de médiation et d'arbitrage de Paris (CMAP) (the "Mediator") as its consumer mediator.
For any difficulty, the Customer is invited to first contact the Customer Service in order to obtain an answer and/or solution to the problem raised by email at the following address: contact@daiquiriparis.com
Only claims related to the online sale of Products on the DAÏQUIRI online store will be taken into account.
Secondly, if the dispute has not been settled despite the Customer's complaints to the Seller's Customer Service, the Customer may contact the Mediator via the following channels:
× via the form available on the CMAP website at www.mediateur-conso.cmap.fr, or
× by e-mail to consommation@cmap.fr, or
× by post to CMAP - Service Médiation de la consommation, 39 avenue Franklin Roosevelt, 75008 Paris).
The dispute can only be examined by the Mediator if:
- the Customer has already attempted to resolve the dispute with the Customer Service by means of a written complaint in accordance with the above procedures;
- The request is not unfounded or abusive;
- The dispute is already being examined by another mediator or a court;
- The request was made to the Mediator within one year of the Customer's written complaint to the Seller's Customer Service Department;
- The dispute does not fall within the competence of the Consumer Mediator.
Whatever the means used to refer the matter to the Mediation officer, the Customer's request must contain the following elements in order to be processed: his postal, telephone and email address as well as the name and address of the Seller, a brief statement of the facts, and proof of prior contact with the Seller.
The Customer may, at his own expense, be assisted by a counsel.
16. Language and applicable law
The General Terms and Conditions of Sale of the DAÏQUIRI online store are written in French (this English translation is provided for information only).
The General Terms and Conditions of Sale and the sales made on the DAÏQUIRI online store are governed by French law.
In the event of a dispute relating to the formation, conclusion, validation, interpretation, execution, termination or consequences of the termination of the General Terms and Conditions of Sale, the Customer shall first contact the Seller in order to find an amicable solution, notwithstanding its right to resort to an alternative dispute resolution method or to a conventional mediation procedure, by following the procedure detailed above.
In case of difficulty of interpretation between any of the clauses of the General Terms and Conditions of Sale and its title, the content of the clause shall prevail over its title.
17. Non-waiver
The fact that either party does not claim the application of any clause of the General Terms and Conditions of Sale or acquiesces in its non-performance, whether permanently or temporarily, shall not be construed as a waiver by that party of its rights arising from the said clause.
18. General Terms and Conditions for orders and promotional offers
The Seller reserves the right to apply specific limits to promotional offers such as sales, bundles, bonus sales, percentage discounts (with or without coupons) and free shipping.