Terms of sale
These Terms of Sale are drawn up in French; this English translation is provided for information and the French text prevails in case of discrepancy.
Article 1 – Parties
The Seller. Chamour, a French simplified joint-stock company (SAS) with a share capital of EUR 1,000, registered with the Paris Trade and Companies Register under number 915 395 453, whose registered office is at 52 rue Blanche, 75009 Paris, France, EU VAT number FR68915395453, e-mail address care@daiquiriparis.com (the "Seller"). The Seller operates the DAÏQUIRI brand and the online store daiquiriparis.com (the "Store"), the official store for DAÏQUIRI products in France and internationally. The Store is hosted by Shopify Inc.
The Customer. These general terms of sale (the "Terms") apply to every order for DAÏQUIRI products (the "Products") placed on the Store by an adult natural person with legal capacity, acting as a consumer within the meaning of the preliminary article of the French Consumer Code (the "Customer").
Customer Service. For any question or complaint about an order, the Customer contacts Customer Service by e-mail at care@daiquiriparis.com.
Article 2 – Scope and acceptance
The Terms govern all sales concluded on the Store. They are supplemented by the Shipping Policy and the Returns and Refunds Policy, which form an integral part of them, and by the Privacy Policy, which informs the Customer about the processing of their personal data.
The applicable version is the one in force on the day the order is validated. The Seller may amend the Terms at any time; amendments do not apply to orders already placed.
The Customer declares that they have read the Terms before validating their order; validation of the order constitutes acceptance of the Terms. The Terms are drawn up in French; their English translation is provided for information and the French text prevails in case of discrepancy.
Article 3 – Products
The Products offered are those presented on the Store on the day of the order, with their description: name, reference, price, colour, composition and, where applicable, collection. Photographs are as faithful as possible; colour rendering may vary depending on the screen used.
Freshwater pearls and stones are natural materials: their diameter and shade vary from one piece to another. The length of the Products may therefore differ from the stated measurement by up to one centimetre for necklaces, bracelets and trouser chains, and by up to three centimetres for body jewellery. These variations, stated on the Product pages and in the size guide, do not constitute a lack of conformity.
925 silver oxidises naturally, in particular on contact with perfume, creams, hairspray, chlorine, sea air or perspiration. Care advice is available on the Store's "Materials, care & warranty" page.
Article 4 – Ordering
Ordering process. The Customer adds Products to their basket, checks its contents and price, then clicks "Proceed to checkout". Before paying, the Customer enters their details, chooses the delivery method after reviewing its cost and lead time, chooses the payment method and may correct any input error. Payment validates the order; it commits the Customer to pay the price and constitutes acceptance of the Terms.
Confirmation. The Seller promptly sends the Customer, at the e-mail address provided, a confirmation e-mail summarising the order and recalling the applicable Terms. The contract of sale is concluded when the Customer receives this e-mail, subject to Article 5 and to the Seller's right to refuse an order for a legitimate reason (below).
Made-to-order pieces. Requests for made-to-order pieces are made through the Store's "Custom requests" page and with Customer Service. The Seller may decline a request it is unable to fulfil; any sum already paid is then refunded within 14 days at the latest. Products made to measure or clearly personalised at the Customer's request cannot be subject to the right of withdrawal (Article L.221-28, 3° of the French Consumer Code) or to an exchange; they benefit from the legal guarantees of Article 10.
Changes and cancellation. Once validated, an order can no longer be changed or cancelled by the Customer, without prejudice to their right of withdrawal (Article 8).
Refusal or cancellation by the Seller. The Seller may refuse or cancel an order for a legitimate reason: suspected fraud or fraudulent use of a means of payment, a payment incident on a previous order, abnormal quantities suggesting resale, or an obvious pricing error bearing no relation to the value of the Product. The Customer is informed by e-mail and any sum paid is refunded within 14 days at the latest.
Article 5 – Availability
Offers are valid as long as the Products are displayed on the Store and while stocks last. If a Product turns out to be unavailable after the order, the Seller informs the Customer without delay and refunds the price of the Product and, if the order contained no other Product, the delivery costs, within 14 days at the latest. If only part of the order is unavailable, the other Products are delivered and the Customer is refunded the price of the missing Products.
Article 6 – Prices and payment
Prices. Prices are shown in euros, all taxes included, on the Product page, in the basket and throughout the ordering process. They do not include delivery costs, which are shown before the order is validated and summarised in Article 7. The Seller may change its prices at any time; the Product is invoiced at the price displayed when the order is validated. For deliveries outside the European Union, customs duties and import taxes may be collected on arrival by the authorities of the destination country; they are borne by the Customer unless otherwise stated at checkout.
Means of payment. The Customer pays for their order by bank card (Visa, Mastercard, American Express), PayPal, Shop Pay, any other means offered at checkout, or in 2, 3 or 4 instalments with Alma, at no cost to the Customer, Alma's service fees being borne by the Seller. Payment is due at the time of the order. Bank card data is processed by the Seller's payment providers and is not stored by the Seller.
Retention of title. The Products remain the property of the Seller until full payment of the price, delivery costs included. Risk passes to the Customer under the conditions of Article 7.
Article 7 – Delivery
Delivery areas. The Products are delivered in metropolitan France, in the French overseas territories and in the countries offered in the drop-down menu at checkout.
Dispatch. Any order validated on a business day before 1 pm (Paris time) is dispatched the same day; other orders are dispatched the next business day. Pre-order and made-to-order Products are dispatched within the time stated on their Product page. The Customer receives a dispatch e-mail with a parcel tracking link.
Costs and lead times. Delivery costs and the maximum delivery time, counted in business days from dispatch, depend on the destination and the order amount:
| Destination | Delivery costs | Delivered no later than |
|---|---|---|
| Metropolitan France, including Corsica | EUR 5; free from EUR 100 | 48 hours, i.e. 2 business days |
| Monaco, Andorra | Free | 3 business days |
| European Union, United Kingdom, Switzerland | EUR 9; free from EUR 100 | 3 business days |
| United States, Canada | Free | 3 business days |
| Guadeloupe, Martinique, French Guiana, Réunion, Mayotte, Saint-Martin, Saint-Barthélemy, Saint-Pierre-et-Miquelon, French Polynesia, New Caledonia, Wallis and Futuna | EUR 29 | 3 business days |
| Albania, Algeria, Armenia, Azerbaijan, Bosnia and Herzegovina, Georgia, Iceland, North Macedonia, Morocco, Moldova, Montenegro, Norway, Serbia, Tunisia, Turkey | EUR 15.29 | 3 business days |
| Australia, Bahrain, China, South Korea, United Arab Emirates, Hong Kong, Japan, Kuwait, Macao, Malaysia, Mexico, Nigeria, New Zealand, Oman, Qatar, Singapore, Taiwan, Thailand | EUR 24.65 | 3 business days |
Late delivery. If the Products are not delivered within the stated time, the Customer may require the Seller, by e-mail to care@daiquiriparis.com, to deliver within a reasonable additional period. If delivery does not take place within this new period, the Customer may terminate the contract by a further e-mail; the contract is terminated when the Seller receives this e-mail, unless delivery has taken place in the meantime. The Customer may terminate the contract immediately if the Seller refuses to deliver or if the delivery time was an essential condition of the contract for the Customer, made known to the Seller before the order. Sums paid are refunded within 14 days of termination at the latest (Articles L.216-6 and L.216-7 of the French Consumer Code).
Wrong address or uncollected parcel. If the parcel is returned to the Seller because the address given by the Customer is wrong or incomplete, or because the Customer did not collect it within the period set by the carrier, the Seller offers to reship it at the Customer's expense or, failing that, refunds the order less the initial delivery costs. In all other cases where delivery proves impossible, the order is refunded in full, delivery costs included, within 14 days at the latest.
Force majeure. The Seller is not liable for delay or non-performance caused by a force majeure event within the meaning of Article 1218 of the French Civil Code, such as a carriers' strike, a natural disaster or a pandemic. Its obligations are suspended for the duration of the event; if the impediment is permanent, the contract is terminated and the sums paid are refunded.
Receipt. The Customer is invited to check the condition of the parcel on receipt and to report to Customer Service, preferably within 48 hours and with photographs, any damaged parcel, missing Product or wrong Product, so that the matter can be dealt with quickly. This report is not a condition for exercising the legal guarantees of Article 10 or the right of withdrawal of Article 8.
Transfer of risk. The risk of loss or damage to the Products passes to the Customer when the Customer, or a third party designated by the Customer other than the carrier, takes physical possession of them.
Article 8 – Right of withdrawal
Period. The Customer has 14 days from receipt of the Products, by the Customer or by a third party designated by the Customer other than the carrier, to withdraw without having to give reasons or pay any penalty. For an order of several Products delivered separately, the period runs from receipt of the last Product.
How to withdraw. The Customer informs the Seller of their decision before the period expires, by an unambiguous statement sent by e-mail to care@daiquiriparis.com, stating their name, order number and the Products concerned. The Customer may also use the model form in Annex 2, by e-mail or by post to the Seller's registered office. The Seller acknowledges receipt of the withdrawal by e-mail and gives the Customer the return address.
Returning the Products. The Customer sends the Products back without undue delay and no later than 14 days after communicating their decision, complete and with their original pouch or case. Return costs and, where applicable, customs duties and taxes are borne by the Customer. The Seller recommends a tracked shipment: the Products travel at the Customer's risk until received by the Seller.
Condition of the Products. The Customer may handle and try on the Products as they would in a shop. The Customer is liable only for any diminished value resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the Products (Article L.221-23 of the French Consumer Code): worn, scratched or stained Product, missing pearls or parts, missing pouch or case. In that case, the Seller may deduct from the refund an amount corresponding to the diminished value found, which it justifies to the Customer.
Refund. The Seller refunds all sums paid, including the initial delivery costs at the standard rate, no later than 14 days after being informed of the withdrawal. It may defer the refund until it has received the Products or until the Customer has supplied proof of having sent them, whichever is first. The refund is made using the means of payment used for the order; if the Customer prefers, they may ask for a store credit valid for 24 months on the Store. For payment in instalments with Alma, future instalments are cancelled and sums already debited are refunded through Alma; Alma's service fees, borne by the Seller, remain at the Seller's expense.
Exception. The right of withdrawal cannot be exercised for Products made to measure or clearly personalised at the Customer's request (Article L.221-28, 3° of the French Consumer Code).
Products on promotion. Products bought in a flash sale, during Black Friday or with a discount benefit from the right of withdrawal and from the refund under the conditions of this Article. They are not eligible for the exchange provided in Article 9.
Free gifts. A Product given free with an order is neither exchanged nor refunded. If the Customer withdraws from their order, or from part of it so that the conditions of the offer are no longer met, they return the free Product with the returned Products; failing this, the value of the free Product is deducted from the refund.
Article 9 – Exchanges
Independently of the right of withdrawal, the Seller offers, as a commercial gesture, the exchange of a Product for another Product from the Store, under the following conditions:
- the request is sent to Customer Service within 14 days of receipt of the Product;
- Customer Service provides a prepaid return label, against a flat contribution of EUR 5.50 paid by the Customer;
- the Product is returned unworn, in perfect condition, complete and in its original packaging; otherwise the Seller may refuse the exchange, the Customer retaining their right of withdrawal;
- if the new Product is more expensive, the Customer pays the difference; if it is cheaper, the difference is refunded to the Customer.
Products bought on promotion, made-to-order or personalised Products and free gifts cannot be exchanged.
Article 10 – Legal guarantees
The Seller is liable for lack of conformity of the Products under Articles L.217-3 to L.217-20 of the French Consumer Code and for hidden defects under Articles 1641 to 1649 of the French Civil Code. These guarantees apply to all Products, including those bought on promotion or made to order, independently of the right of withdrawal and of the exchange policy. The statutory notice reproduced in Annex 1 recalls the Customer's rights.
Legal guarantee of conformity. The Customer has two years from delivery to obtain, free of charge, the repair or replacement of a non-conforming Product: manufacturing defect, Product not matching its description, faulty clasp, pearl or stone coming loose without impact. Defects appearing within 24 months of delivery are presumed to have existed at the time of delivery. Repair or replacement takes place within 30 days of the request; the cost of returning the non-conforming Product is borne by the Seller, which sends the Customer a prepaid return label. If repair or replacement is impossible, refused or not carried out within 30 days, or if the defect persists, the Customer may return the Product and obtain a full refund of the price paid, delivery costs included, or keep the Product and obtain a price reduction. A repaired Product benefits from a six-month extension of the guarantee.
Guarantee against hidden defects. The Customer may act within two years of discovering a hidden defect that makes the Product unfit for its use, and choose between returning the Product for a refund of the price and keeping the Product for a partial refund of the price.
What the guarantees do not cover. Normal wear, natural oxidation of silver, the variations inherent in natural materials described in Article 3, and damage resulting from inappropriate use: impact, pulling, prolonged contact with perfume, creams, hairspray, chlorine or sea water, wearing during sport or sleep.
How to claim. The Customer writes to care@daiquiriparis.com, stating their order number and describing the defect, with photographs. The order confirmation serves as the invoice; the Customer is invited to keep it.
Article 11 – Intellectual property
The DAÏQUIRI brand, the Products, the photographs, the texts and all elements of the Store are protected by intellectual property law, in particular copyright, trademark law and design law. Any reproduction, representation, modification or use, in whole or in part, without the Seller's prior written consent is prohibited, other than for strictly private use.
Article 12 – Personal data
The Seller processes the personal data of the Customer and, where applicable, of the recipient of the order in order to fulfil the order, manage the customer relationship and, with the Customer's consent where required, send commercial communications. The purposes, legal bases, recipients, retention periods and the Customer's rights are detailed in the Privacy Policy. The Customer exercises their rights by writing to care@daiquiriparis.com.
Article 13 – Severability
If any clause of the Terms is declared void, unlawful or unenforceable, the other clauses remain in full force.
Article 14 – Evidence and electronic communications
The Customer agrees that information and communications relating to their order may be sent to them electronically, except where the law requires a written document on another medium. The computerised records kept by the Seller under reasonable security conditions constitute evidence of orders, communications and payments, unless the Customer proves otherwise.
Article 15 – Complaints
Complaints. For any difficulty, the Customer first contacts Customer Service at care@daiquiriparis.com, which endeavours to provide an answer or a solution as quickly as possible. Failing an amicable solution, the Customer may bring the matter before the competent court under the conditions of Article 16.
Article 16 – Governing law and jurisdiction
The Terms and the sales concluded on the Store are governed by French law. A Customer residing in another State retains the benefit of the mandatory provisions of the law of their country of habitual residence where these are more favourable to them (Regulation (EC) No 593/2008 of 17 June 2008, Article 6).
Failing an amicable settlement, the dispute is brought before the competent French courts. The Customer may bring the matter, at their option, before one of the courts with territorial jurisdiction under the French Code of Civil Procedure or before the court of the place where they resided when the contract was concluded or when the harmful event occurred (Article R.631-3 of the French Consumer Code).
In the event of a contradiction between a clause and its heading, the content of the clause prevails.
Article 17 – No waiver
The fact that either party does not rely on a breach by the other party of any clause of the Terms does not constitute a waiver of the right to rely on it later.
Article 18 – Promotional offers
The Seller may attach specific conditions to its promotional offers (sales, private sales, flash sales, bundles, discount codes, free delivery, free gift), stated in the offer: duration, Products concerned, minimum purchase amount, value of the free gift, no combination with other offers. Products bought on promotion benefit from the right of withdrawal and the legal guarantees under the same conditions as other Products (Articles 8 and 10); exchange conditions are those of Article 9.
Annex 1 – Statutory notice on legal guarantees
The following is the English translation of the mandatory notice annexed to Article D.211-2 of the French Consumer Code; the French text is the authoritative one.
The consumer has a period of two years from delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.
Where the contract of sale provides for the supply of digital content or a digital service on a continuous basis for a period exceeding two years, the legal guarantee applies to that digital content or digital service throughout the intended supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date on which it appeared.
The legal guarantee of conformity obliges the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.
The legal guarantee of conformity gives the consumer the right to have the goods repaired or replaced within thirty days of their request, free of charge and without major inconvenience to them.
If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer asks for the goods to be repaired but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.
The consumer may obtain a reduction of the purchase price while keeping the goods, or terminate the contract and obtain a full refund against return of the goods, if:
- the professional refuses to repair or replace the goods;
- the repair or replacement of the goods takes place after a period of thirty days;
- the repair or replacement of the goods causes major inconvenience to the consumer, in particular where the consumer definitively bears the costs of taking back or removing the non-conforming goods, or bears the installation of the repaired or replacement goods;
- the non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.
The consumer is also entitled to a reduction in the price of the goods or to termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination. The consumer is then not required to request the repair or replacement of the goods beforehand.
The consumer is not entitled to terminate the sale if the lack of conformity is minor.
Any period during which the goods are immobilised for repair or replacement suspends the remaining guarantee period until the repaired goods are delivered.
The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code.
A seller who obstructs in bad faith the implementation of the legal guarantee of conformity is liable to a civil fine of up to EUR 300,000, which may be increased to 10% of average annual turnover (Article L. 241-5 of the French Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects under Articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept, or to a full refund against return of the goods.
Annex 2 – Withdrawal form
Please complete and return this form only if you wish to withdraw from the contract.
To: care@daiquiriparis.com:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods:
Ordered on (*) / received on (*):
Order number:
Name of consumer(s):
Address of consumer(s):
Date:
(*) Delete as appropriate.