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GENERAL CONDITIONS OF SALE (CGV)

Clause 1 : Object

The general conditions of sale described below detail the rights and obligations of DENIAU MARINE EIRL and the buyer (hereinafter "the customer") in connection with the sale of the following goods (hereinafter "the products”):

  • Jewelry in metals including precious and gems

Any service performed by the company DENIAU MARINE EIRL therefore implies the customer's unreserved acceptance of these general conditions of sale, and are binding on it.

The general conditions of sale being likely to be updated, the conditions applicable to a customer are those in force on the day of the order.

Clause 2 : Identity and contact details of the seller

DENIAU MARINE EIRL is an individual entrepreneur with limited liability, registered under number 882 122 260 RM 78 in the Yvelines trades and crafts directory.

The company is operated by Mrs. Marine DENIAU.

Its head office is located at 5 rue du Taillis 78720 LA-CELLE-LES-BORDES.

His contact details are as follows:

Clause 3 : Customer

 

The customer must have consumer status, be of legal age and be legally capable.

 

DENIAU MARINE EIRL reserves the right to refuse orders placed by persons who do not meet these conditions.

 

Clause 4 : Products

The essential characteristics of the products are presented for each product on an individual sheet available on the website.

Clause 5 : Prices

The prices of the products sold are those in effect on the day the order is taken. They are denominated in euros and calculated inclusive of all taxes.

The order processing and shipping costs are indicated before validation of the order.

DENIAU MARINE EIRL reserves the right to modify its prices at any time. However, it undertakes to invoice the products ordered at the prices indicated when the order is registered.

Clause 6 : Conclusion of the contract

The contract is deemed concluded as soon as the order is placed.

Clause 7 : Methods of payment

Payment for orders is made by credit card (including PAYPAL).

The buyer is subject to a payment obligation following the placing of his order.

Clause 8 : Retention of title clause

DENIAU MARINE EIRL retains ownership of the goods sold until full payment of the price, principal and accessories.

Clause 9 : Delivery

Delivery is made to the place indicated by the customer when placing the order, according to the shipping method chosen by the customer.

Products cannot be delivered outside the European Union.

The delivery time is indicated when registering the order. It is given for information only and is not guaranteed.


Consequently, any reasonable delay in the delivery of the products cannot give rise to the benefit of the customer:

  • the award of damages

  • nor to the cancellation of the order

Clause 10 : Right of withdrawal

In accordance with articles L221-18 and following of the French consumer code, the customer has a period of 14 days to exercise his right of withdrawal from the day of receipt of the goods by the customer or a third party, other than the carrier appointed by him.

For contracts concluded off-premises, the customer may exercise his right of withdrawal from the conclusion of the contract.

The customer is free to withdraw without justifying any reason.

In the case of an order relating to several goods delivered separately or in the case of an order for a good made up of lots or multiple parts whose delivery is staggered over a defined period, the period runs from receipt of the last good or batch of the last piece.

For contracts providing for the regular delivery of goods during a defined period, the period runs from the receipt of the first good.


The day on which the contract is concluded or the day of receipt of the goods is not counted in the time limit. The time limit begins to run at the beginning of the first hour of the first day and ends when the last hour of the last day of the time limit expires. If this period expires on a Saturday, a Sunday or a holiday or non-working day, it is extended until the first following working day.

Clause 11 : Modalities for exercising the right of withdrawal

Excluding the assumption of non-compliant products or affected by hidden defects, the cost of returning the product is the responsibility of the customer.

The customer must accompany the return of the products with a withdrawal form indicating his contact details, the order number, the delivery date and the following sentence: "I hereby notify you of my withdrawal from the contract concerning this order".

The customer must be able to prove the shipment of the products returned to DENIAU MARINE EIRL.

Clause 12 : Legal guarantee of conformity

In accordance with Articles L217-4 et seq. of the French Consumer Code, DENIAU MARINE EIRL is required to deliver goods that comply with the contract and to respond to any lack of conformity existing at the time of delivery.


It also responds to defects of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it by the contract or has been carried out under its responsibility.

The defects of conformity which appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.


DENIAU MARINE EIRL can combat this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked.

In the event of a lack of conformity, the customer chooses between the repair and the replacement of the good.

However, the company DENIAU MARINE EIRL may not proceed according to the customer's choice if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. It is then required to proceed, unless it is impossible, according to the method not chosen by the customer.

If the repair and replacement of the good is impossible, the customer can return the good and have the price refunded or keep the good and have part of the price refunded.  

The implementation of the legal guarantee of conformity does not give rise to any additional costs for the customer.

 

In this case, the costs of returning the products are the responsibility of the company DENIAU MARINE EIRL.

 

The customer must be able to prove the shipment of the products returned to DENIAU MARINE EIRL.

 

The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

 

Clause 13 : Legal guarantees against hidden defects

In accordance with articles 1641 and following of the French Civil Code, DENIAU MARINE EIRL 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 reduce this use so much that the client would not have acquired it, or would have given only a lower price for it, if he had known about them.

DENIAU MARINE EIRL is not liable for apparent defects of which the customer has been able to convince himself.

The customer has the choice to return the item and have the price refunded, or to keep the item and have part of the price refunded.

In the event of hidden defects, in addition to the refund of the price, the DENIAU MARINE EIRL company will be required to reimburse the customer for the costs incurred by the sale.

In the event that the customer opts for the return of the products, the costs of returning the products are the responsibility of the company DENIAU MARINE EIRL.

The customer must be able to prove the shipment of the products returned to DENIAU MARINE EIRL.

The action resulting from redhibitory defects must be brought by the customer within two years from the discovery of the defect.  

Clause 14 : Clause relating to the immediate transfer of risks

The responsibility for the safekeeping of the products sold is transferred from DENIAU MARINE EIRL to the customer as soon as the order is placed.

Consequently, the customer bears the risk of loss and damage to the products sold from the moment of delivery, even if he does not yet own them.

Clause 15 : Clause of refusal of sale and limitation of outstanding customer

When a customer does not meet his payment deadlines, DENIAU MARINE EIRL reserves the right to refuse him a new sale.

The customer concerned will not be able to place an order again until his debt has been settled.

Clause 16 : Intellectual property clause

The products of the DENIAU MARINE company are the exclusive property of the DENIAU MARINE company in respect of intellectual property, throughout the duration of the protection, throughout the world.

Any reproduction not authorized by DENIAU MARINE constitutes an infringement liable to give rise to both civil and criminal legal proceedings.

Clause 17 : Force majeure

The responsibility of the company DENIAU MARINE EIRL cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in these general conditions of sale results from a case of force major. As such, force majeure means any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code.

Clause 18 : Protection of personal data

DENIAU MARINE EIRL is obliged to collect personal data to access orders placed by customers.

This data is confidential, and it undertakes not to disclose it to third parties other than payment agencies.

Clause 19 : Settlement of disputes

In the event of a dispute, the customer must first contact customer service at the contact details indicated in clause 2 "Identity and contact details of the seller" above for a prior attempt at amicable resolution.

Clause 20 : Competent court

Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law.


In the absence of an amicable resolution, the dispute will be brought before the Commercial Court of Versailles.

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