Daum General Conditions of Sale

GENERAL TERMS AND CONDITIONS OF SALE DAUM

 

ARTICLE 1 – DEFINITIONS

* Item : the Goods that are the subject of the Order;

* Good : any product offered for sale on the Web site;

* Order : a request for Goods or Services made by the Customer to the Seller;

* General Terms and Conditions of Sale (GTCS) : the general terms and conditions of sale which are the subject of this Agreement;

* Delivery Time : the period of time between the date of Order Validation and the date of actual Delivery of the Order to Customer;

* Delivery Charges : the cost of the expenses incurred by Seller in delivering the Order to the delivery address specified by Customer;

* Delivery : means the shipment of the Article to the Customer;

* Delivery Method : means any standard or express delivery method available on the Site at the time of the Order;

* Price : the unit value of an Item; this value includes all taxes and excludes Delivery Costs; the price is valid for the EU zone only;

* Total Price : the total amount of the cumulative Prices of the Goods that are the subject of the Order; this amount includes all taxes;

* All-Inclusive Price : the Total Price to which is added the price of the Delivery Costs; this amount includes all taxes;

* Site : the online sales site " www.daum.fr " used by DAUM to market its Goods;

* Territory : see the meaning defined in Article 3;

* Order Validation : see the meaning defined in Article 5;

* Online Sale : marketing of the Seller's Goods via the webite;

* The Customer : refers to any person who consults the webite " www.daum.fr " and transmits his personal data and or places an order,

* Special Business : Products created and personalized at the request and for a special customer.

* The Stores : all references to the stores concern DAUM's own stores, i.e. those located at: 8 Rue Royale - 75008 Paris 4 rue de la Paix, 75002 Paris, and 14 Place Stanislas - 54000 Nancy.

• Click and Collect : any purchase made on the www.daum.fr website for which the customer has expressed the wish to come and collect his or her purchase directly in the store, when DAUM offers the possibility of doing so.
• Any reference to the singular includes the plural and conversely, any reference to one gender includes the other gender.

 

 

ARTICLE 2 – IDENTIFICATION OF THE SELLER

The website « www.daum.fr » belongs to DAUM Company (hereinafter « DAUM »), public limited company with a board of directors, with a capital of 4 510 995 €, registered in the Paris Trade and Companies Register under number 702 027 897 NAF 2313Z, intra-community VAT number FR 12 702 027 897, whose head office is located at 126 rue La Boétie, 75008 PARIS, TEL : +33 (0) 1 42 66 36 36

Each Customer can contact directly DAUM Company :

 

-           by mail : Société DAUM, Web Service, 126 rue La Boétie - 75008 Paris

-           by Email : contact.web@daum.fr

 

Director of the publication : Mrs Laura BRAMI

 

ARTICLE 3 – SCOPE OF APPLICATION

The present General Terms and Conditions of Sale (hereinafter the "General Terms and Conditions of Sale" or "GTC") govern, without restriction or reserve, the consultation and use of the website "www.daum.fr" by the Users/Customers as well as the sales of Goods made by DAUM from the website.

The present GTC are reserved to the only consumers, in the sense that the French law and the jurisprudence give, acting exclusively for their own account.

 

These Conditions apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or by means of other distribution and marketing circuits. These GTC are accessible at any time on the Site and will prevail, if necessary, over any other version or any other contradictory document. Unless proven otherwise, the data recorded by DAUM constitute the proof of all transactions. Indications on the availability of the products are provided at the time of the placing of the order, however because of the importance of stocks and orders, and/or the closures of the offices and production site in period of vacations (public holidays or summer) a delay could intervene for which DAUM could not be held responsible. The delivery time conditions are valid during the working periods of the Manufacture. At the time of the annual summer vacations, an update of the delivery times will be indicated on the site to cover the period of closure.

The modifications of these GTC are opposable to the Users/Customers of the Site as from their publication on line and cannot be applied to transactions concluded previously or those concluded via another distribution network such as the boutiques. The validation of the order by the customer is worth acceptance without reserve of the present General Conditions of Sale. Thus in case of later modification of the GTC, the latter will not be opposable to him.

 

The shipment of the parcels can only be done in Metropolitan France (excluding DOM TOM), Monaco, United Kingdom, Benelux, Switzerland and in the European Union.

 

ARTICLE 4 – INTELECTUAL PROPERTY

All rights of reproduction and representation reserved :

The texts and photos presented on this Site are covered by intellectual property law. However, DAUM does not guarantee the accuracy or the exhaustive character of the information published on this Site.

Consequently, DAUM declines all responsibility :

·       for any inaccuracies that may affect the information available on this Site, or its incomplete nature;

·       more generally, for any damage, direct or indirect, whatever the causes or consequences, resulting from the consultation of the Site or from the impossibility of accessing it, as well as resulting from the use of the information disseminated on this Site or from the credit given to it;

·       for any damage resulting from fraudulent intrusion by a third party resulting in an alteration of the information published on this Site.

Intellectual property rights, trademark rights, drawings and models :

The documents, photos, drawings, models and Marks disseminated on this Site are the exclusive property of DAUM, which owns the rights thereto. DAUM does not grant any license or any other right to use, exploit or distribute these documents, photos, drawings, models and Marks. The total or partial reproduction of this content is strictly forbidden and is likely to constitute a counterfeiting offence. The only right conferred to any person accessing the Site is that of consulting it.

 

ARTICLE 5 – ORDERS

5.1 – Ordering the Goods and stage of completion of the online sale

In order to complete the Order, the Customer must complete the following steps:

1.     Enter the address of the website;

2.     Follow the instructions on the website and in particular, the instructions necessary to open a customer account;

3.     Fill in the order form. In case of prolonged inactivity during the connection, it is possible that the selection of Goods and Services chosen by the Customer before this inactivity is no longer guaranteed. The Customer is then invited to start again his selection of Goods and Services from the beginning;

4.     Check the elements of the Order and if necessary, identify and correct errors; the recipient's address must be accurate, precise and complete in order to allow the delivery of the package under normal conditions or the choice of the store where the Customer will pick up his or her package by click and collect. No liability can be incurred in case of failure to comply with the above;

5.     It is mandatory to indicate at the time of the order the recipient's telephone number and email address. In case of failure to do so, neither DAUM nor its intermediaries can be held responsible for the non-delivery of the ordered parcel ;

6.     Validate the Order, the Total Price and the All-Inclusive Price (the "Order Validation");

7.     Follow the instructions of the online payment server to pay the All-Inclusive Price;

8.     Only click and collect in store and delivery to the address indicated will be possible; no delivery to a mailbox or to a third party will be possible.

The Customer will then receive electronic confirmation of acceptance of payment for the Order without delay, provided that the electronic address indicated by the Customer is correct.

 

Customer shall also receive an electronic confirmation of receipt of the Order (the "Order Confirmation") without delay, together with the digital invoice, provided that the email address indicated by Customer is correct.

The Customer will then receive electronic confirmation of the shipment of the Order. The sale will only be considered final after this confirmation has been sent to the Customer.

The Customer will receive a retraction form as well as a return form in the package upon delivery of the products. In the case of delivery to an address different from the billing address, the invoice as well as the withdrawal and return forms will be sent to the Customer by post or e-mail. Delivery will take place either at the delivery address indicated by the Customer at the time of the Order, or in one of the stores. When carrying out the various stages of the Order mentioned above, the Customer undertakes to respect the present contractual conditions by applying the provisions of the Civil Code.

 

DAUM undertakes to honour the Order only within the limits of the available stocks of Goods. If the Goods are not available, DAUM undertakes to inform the Customer.

 

However, in accordance with the provisions of the Consumer Code, DAUM reserves the right to refuse the Order if it is abnormal, placed in bad faith or for any other legitimate reason, and in particular, when there is a dispute with the Customer concerning the payment of a previous order.

The fact that a non-professional customer places an order on the "www.daum.fr" Web site implies full acceptance of these Terms and Conditions of Sale.

If the Customer's account remains inactive, in an uninterrupted way, during a duration of two years, the Customer will receive an e-mail of revival on behalf of DAUM. In the absence of a response from the Client within 30 days following this e-mail, DAUM shall delete the Client's file, retaining the surname, first name and previous invoices of the Client.

 

5.2 – Characteristics of the Goods

In accordance with the provisions of the code of the French Consumption, DAUM will do its best to present as accurately as possible the products (and their essential characteristics) proposed with the sale on the www.daum.fr website. However, DAUM does not guarantee that the colors reproduced on its website are exactly the same as those of the items offered in the store. Thus, the photos of the Goods/Products on sale on the present Site have no contractual value.

Concerning the availability of the goods presented on the Website : www.daum.fr is a Website presenting the DAUM collections. The latter also proposes an online store. However, for technical, stock and transport reasons, certain products offered for sale by DAUM cannot be sold via the DAUM Website. Thus, for each product DAUM will indicate the following:

- "In stock": which implies that the product can be purchased by the Customer via the website.

Or

- "Stock" : to find out more, contact us" : which invites the customer to contact DAUM via the contact form to obtain information on the availability of the items concerned and the actual delivery times at the time the request is taken into account. 

- "Available from such date" : indicates that the part is in the process of being manufactured and can be pre-ordered as soon as it becomes available in stock.

- "Out of stock" : means that the part is no longer available for purchase on the website on the day of the consultation. If the piece is still in the general DAUM catalog, then it is probably being manufactured and will become available later. On the other hand, if the piece is out of the catalog, we invite you to contact the customer service to order it as a special case.

In case of question, the User/Customer will be able to contact our sales team (contact.web@daum.fr) or by Whatsapp service on the website.

 

DAUM reserves the right to change the assortment of Goods.

All the Products sold by DAUM on the website are in conformity with the legislation of the European community in force and the standards applicable in France.

However, special orders are excluded from the offer proposed on the Site " www.daum.fr ", for which the User/Customer will have to contact the commercial team (contact.web@daum.fr).

No contractual or commercial guarantee is attached to the Goods offered for sale.

 

5.3 – Conditions of Payment

The price is payable in full on the day the order is placed by the Customer. Consequently, any order will be effective only with an obligation of purchase.

The payment is made online by the payment solution paypal or credit card. The accepted credit cards are those of the Carte Bleue, Visa, Eurocard / MasterCard / American Express networks. The payments are debited at the time of the order. As this is an online credit card payment, the order is deemed to have been placed on the date of validation of the payment of the order by the Customer. Consequently, the deadlines indicated on the Site " www.daum.fr " run from this date. DAUM will not be held to proceed to the delivery of the Goods ordered by the Customer if this one did not pay the entirety of the price to him under the conditions indicated above. The payment of the All-Inclusive Price by the Customer is made only by credit card. The payment of the All-Inclusive Price by the Customer is made only by the payment solution paypal and credit card. 

5.4 – Prices

The prices of the Goods on the website " www.daum.fr " are indicated in Euros, including all taxes but excluding shipping costs and customs duties which are charged in addition. They take into account the VAT applicable according to the country of delivery on the date of the order. Any change in the applicable rate may be reflected in the prices of the Goods after the date on which the new applicable rate comes into force. As the prices of DAUM's suppliers (especially gold) are constantly changing, the prices displayed on the Site are subject to change at any time. They are also likely to vary for reasons of launch prices, promotions or sales. The applicable price is the one indicated on the Site at the date of the order by the Customer.

Credit notes, gift cards or wedding lists issued by DAUM stores or its partners may not be used on the website www.daum.fr.  

The parcels giving place to correction of address or return shipper can be the subject of a supplement of invoicing according to the tariffing in force.

For shipments to Corsica, as well as for shipments to an area that is difficult to access (islands, mountains, etc.) or to a remote area, an additional charge will be applied per package according to the applicable rates.

The absence of transmission of additional mandatory information (cell phone number of the recipient and his email address) may be subject to additional billing according to the tariffs in force.

5.5 -Shipping costs

The shipping costs are indicated to the Customer before the final registration of the order.

5.6 – Addresses, delivery methods, delivery times and in-store collection

5.6.1 : Information

The Customer must provide a name, a valid telephone number and an exact, precise and complete delivery address, which must be located in France (excluding French overseas departments and territories), Monaco, Switzerland, the United Kingdom, Benelux or Europe, failing which the Order shall be rejected. The client is exclusively responsible for any failure to deliver due to a lack of information at the time of the Order. If the client has chosen to pick up the parcel in a store, he/she must select the store where he/she wishes to pick up the parcel.

 

5.6.2 : Delivery Methods

The delivery of the package(s) covered by the Order shall be made to the postal address indicated by the Customer. Given the constraints of precaution, weight and size, no delivery to a mailbox or to a third party (neighbor, Pickup or other) shall be made.

In the event that the recipient communicates a different instruction to Chronopost or any other carrier in charge of delivery, modifying the day or the method of delivery, no compensation may be claimed due to a delay or failure to deliver.

The recipient's telephone number and email address are additional mandatory information transmitted to CHRONOPOST or any other carrier in charge of delivery in order to allow notification of the recipient.

In the event that it has been agreed that the pick-up and/or delivery will be carried out in the absence of the sender or the recipient, contrary to the above-mentioned stipulations, these will be deemed to be perfectly carried out in view of the information on the waybill drawn up by CHRONOPOST or any other carrier in charge of the delivery.

The recipient's digital signature, as well as its reproduction, shall constitute proof of delivery of the packages, and this signature shall be recognized as having the same legal value as a traditional signature on paper.

 

5.6.3 : Delivery Times

Delivery times are available on the website " www.daum.fr " and may vary depending on the availability of the Goods that are the subject of the Order.

Delivery times are for pick-up from Monday to Friday and for delivery from Monday to Saturday, except on public holidays. Thus, Delivery Times are in working days (excluding public holidays) and correspond to the average time required to prepare and deliver the Order in the Territory. For certain coastal islands, as well as for deliveries by poste restante and TSA, the delivery time may be extended by one day.

Delivery times shall run from the date of the Order Confirmation by DAUM.

The Customer can follow the progress of the Order processing in the space reserved for this purpose on the CHRONOPOST website or any carrier in charge of the delivery or via the links they receive.

The goods are deemed to be in good condition when they leave the factory or store. Thus, upon delivery, the Customer is required to check the condition of the packaging as well as the Articles. It is the Customer's responsibility to make any reservations and claims that he/she deems necessary, or even to refuse the package, when the package is obviously damaged upon delivery. The said reservations and claims must be addressed to the carrier by registered letter with acknowledgement of receipt within three working days, not including public holidays, following the date of delivery of the Goods. The Customer must also send a copy of this letter to DAUM. Failure to file a claim within the aforementioned period shall extinguish any action against the carrier in accordance with the provisions of the Commercial Code. The Customer must ensure that the Goods delivered to him correspond to the Order. If they do not correspond to the specifications mentioned in the Delivery note, the Customer must inform the DAUM service by e-mail within 5 working days following the delivery and return the Goods to the address indicated in article 5.7, within one week following the information of the DAUM service.

In the event of a delay in delivery, DAUM shall inform the Customer by e-mail that the delivery will be delayed. In the event of a delay of more than one week, DAUM undertakes to pay an indemnity which may not exceed the price of the transport (excluding duties, taxes and miscellaneous expenses) upon written request.

 

5.6.4 : In-store pickup/click and collect/call and colect

The Customer who wishes to withdraw his parcel in store will have to select the tab "withdrawal in store" during the validation of his basket. If possible (i.e. if the item in question is in stock at the store), the Customer will then be offered the possibility of picking up his or her package in one of the DAUM stores. To do so, the Customer will have to make an appointment by selecting a day that suits him/her in the calendar provided for this purpose, to come and pick up his/her piece during the store's opening hours.

The procedure will be notified at the time of the implementation of this process, which does not exist at this time.

 

5.6.5 : Special case of the annual closure periods of the Manufacture

No delivery can be made during the period when the Manufacture is closed. Consequently, certain stock gaps and delivery times may be extended. The responsibility of DAUM cannot be committed of this fact and it is all the more important that the information on the delivery periods will be provided to the customer before the validation of the order.

 

5.7 – Return, retraction and/or claim

No later than 14 days from the date of receipt of the order, the Customer may request a return label at the email address Contact.web@daum.fr or via the withdrawal form that was enclosed in the shipping package. The withdrawal form must be sent to DAUM as soon as possible and no later than 14 days from the date of receipt of the items.

It is imperative to respect the original packaging (including the direction of each element included in the packaging), because these have been studied and realized in order to allow the piece to be protected in the best conditions during the transport. Thus, for any package returned without all the elements (in the right direction) included in the original packaging, DAUM cannot be held responsible in case of breakage or deterioration of the Piece.

 

5.7.1 : Conditions

a) Retractation

According to the French Consumer Code, the Customer has a right of withdrawal that he can exercise within fourteen calendar days following the date of receipt. If this period expires on a Saturday, a Sunday or a holiday, it is extended to the next working day.

Thus, the Customer who wishes to exercise his right of withdrawal must imperatively inform the company DAUM of his intention to withdraw, within 14 days as from the reception of the good.  Then, he will have to return the goods, object of the retraction, in the 14 days following the communication of his decision to retract. The Articles will have to be turned over in their packing of origin (in good state and good direction), complete, new and not used, with the label of return collected according to a request formulated, in the respect of this delay, near the address email Contact.web@daum.fr or via the form of retraction joined in the parcel. The expenses of return of the Articles by virtue of this right of retractation will be dealt with by the company DAUM. To do this, for each parcel sent in France, the Customer will have to request a label of return near the address email Contact.web@daum.fr or via the form of retractation joined in the parcel, this label will specify the address of our service of return and will have to be affixed in a visible way on the parcel (without any sticking element or marking for the packing of origin) at the time of the return made by the Customer. For the Customers out of France they will have to contact the company DAUM to organize the return.

Attention, no right of retractation will be able to be invoked for the Special Affairs.

 

b) Non-compliance

In accordance with the French Consumer Code, the Customer benefits from the legal guarantee of conformity of the ordered Products. Also, the Customer will have to address his possible complaints to DAUM by postal or electronic way accompanied by the filled form of return, available on the Website www.daum.fr and joined to the parcel during the delivery. Only the complaints relating to the Online Sale of the Articles will be taken into account.

 

5.7.2 : Reimbursement and fees

In the event of a return justified by the right of withdrawal, DAUM shall credit the Customer's bank account again within 14 days of the transmission to DAUM of the proof of dispatch of the parcel or of the date of receipt of the return parcel (the date retained being that of the first of these facts). DAUM will only take charge of product returns if they have been accepted by DAUM beforehand and more generally if they are justified, i.e. if they have taken place within the framework and time limits of the above-mentioned withdrawal period or in the case of returns justified by a non-conformity of the delivered products (product error or apparent defect).

 

5.7.3 : Return address and conditions

All returns of Products under this section shall be addressed to:

Manufacture DAUM :

Stock central

54112 - VANNES LE CHATEL

 

5.8 Exchange policy

The Customer who wishes to make an exchange must contact the web service (contact.web@daum.fr) within 14 days to check the availability of the desired product. Once the exchange has been agreed, the Customer must return the Articles originally purchased within fourteen days, in their original packaging (in good condition and in the right direction), complete, new and unused, with the return form that they will have uploaded on their account.

 

5.9 – Transfer of ownership and default of payment

The transfer of property of the products of DAUM, with the profit of the Customer, will be carried out only after complete payment of the price by this last, and this whatever the date of delivery of the aforementioned products. In the event of non-payment by the Customer of all or part of the price of the Order, DAUM reserves, until full payment, a right of ownership on the products sold, allowing it to take back possession of the said products.

The Customer shall bear the risks (loss, theft or damage) related to the items as of the moment they are delivered to the address indicated. In the event that it has been agreed that the pick-up and/or delivery will be carried out in the absence of the sender or the recipient, the latter will be deemed to have been perfectly carried out in view of the information on the waybill drawn up by CHRONOPOST or any other carrier in charge of the delivery.

The recipient's digital signature, as well as its reproduction, shall constitute proof of delivery of the packages, and this signature shall be recognized as having the same legal value as a traditional signature on paper.

 

5.10 – Gift Exchange Policy

Gift exchanges can only be made with the person who made the purchase directly.

 

ARTICLE 6 – GUARANTEE

Each Customer / User can contact directly the DAUM company :

-           by mail : DAUM Company, Web Service, 126 rue La Boétie - 75008 Paris

-           by Email : contact.web@daum.fr

 

 

 

ARTICLE 7- DURATION AND APPLICATION

The present Conditions apply to any use, consultation and any purchase made on the Website "www.daum.fr" as long as the Website is online.

The present Conditions may be modified at any time by DAUM. The applicable Conditions are those in force at the date of the registration of the order.

 

 

ARTICLE 8 –LANGUAGE OF THESE TERMS AND CONDITIONS OF SALE - APPLICABLE LAW

The present General Terms and Conditions of Sale and relations arising from the connection and/or consultation and/or use of the present website are governed by and subject to French law. They are written in French. In the event that they are translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.

 

 

ARTICLE 9 – APPLICABLE LAW/DISPUTES

These GTC are governed and interpreted in accordance with French law.

If one or more provisions of these GTC are deemed invalid, inapplicable or void, this provision will be considered as divisible from the rest of the GTC and will not affect the validity and applicability of the other provisions.

 

Within the framework of disputes or contestation to which the present GTC could give rise or more generally which would be related to the process of ordering via the website www.daum.fr, all consumers has in addition to the legal authorities, the possibility of : contacting directly the legal department of DAUM located at 126 rue La Boétie - 75008 Paris or via the following email address : servicejuridique@daum.fr.  

 

Moreover and in accordance with the articles of the code of consumption L611-1 and following and R612-1 and following, it is envisaged that for any litigation of contractual nature relating to the execution of the sale contract and/or the provision of services not having been able to be solved within the framework of a complaint introduced beforehand near our customer service, the Consumer will be able to resort free of charge to the mediation He will contact the National Association of Mediators (ANM) either by mail by writing to 2, rue de Colmar - 94300 VINCENNES, or by e-mail by filling out the online referral form at the following address www.anm-conso.com.

 

The consumer can also visit the website of the European platform for online dispute resolution.

The following website www.economie.gouv.fr/mediation-conso also contains all useful information in the event of a cross-border dispute.

 

 

ARTICLE 10 – FORCE MAJEURE AND CONDITIONS OF APPLICATION

DAUM shall not be liable for any failure or delay in the performance of any obligations under these GTCs if such failure or delay is due to an unforeseeable and irresistible event arising from a cause external to DAUM or any other cause beyond its control preventing or delaying the performance of its obligations, including in particular:

-      cases of force majeure or fortuitous events

-      force of nature / natural events: e.g. fire, storm, flood, earthquake... ;

-      the acts of a third party;

-      the acts of the prince;

-      all industrial disturbances;

-      all social disturbances;

-      events linked to hygiene and sanitary causes (ex: pandemic, or epidemic)