Terms of sale
The online store www.digiorgio.fr is operated by the company KOSHEEN SAS with a capital of 205 000 €, having its registered office at 102 Avenue des Champs Elysees, 75008 Paris, registered in the Paris Trade and Companies Register under the number 488873944 (hereinafter "Di Giorgio"). Email: firstname.lastname@example.org
ARTICLE 1: SCOPE OF APPLICATION
These general conditions of sale govern the sale of products presented on the site www.digiorgio.fr (hereinafter the "Site"). Any order implies the full acceptance of these terms and conditions of sale which define the rights and obligations of the parties in the context of the online sale of goods and services offered by Di Giorgio. The products offered by Di Giorgio are reserved for adults or minors who have a parental authorization to place an order on the Website.
ARTICLE 2 : OFFERSOur
offers of products, services and delivery terms are indicated in Euros and are valid while stocks last.
ARTICLE 3 : PRICES3
.1 - All the prices of our products are indicated in Euros and take into account the French VAT in force. Any change in the VAT rate could be immediately reflected in the prices. These prices do not include shipping costs.
3.2 - In case of an order to a country other than France, you are the importer of the product(s) concerned. For all products shipped outside the European Union and DOM-TOM, the price will be calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. These duties and taxes are not the responsibility of Di Giorgio. You are responsible for their payment and declaration to the appropriate authorities in your country. We recommend that you check with your local authorities in your country.
3.3 - Di Giorgio reserves the right to change its prices at any time but the products will be charged at the prices in force at the time of the order, as indicated on the Website.
3.4 - The Products remain the property of Di Giorgio until full payment is received by Di Giorgio.
3.5 - The products and services sold on the Site are reserved for individuals.
online purchases is made by credit card through the secure payment platform PayPal. Di Giorgio reserves the right to suspend any order and any delivery in case of refusal of credit card payment authorization or in case of non-payment. Di Giorgio also reserves the right to refuse an order from a customer who has not paid in full for a previous order. Unless proven otherwise, the data recorded by Di Giorgio constitutes the proof of all transactions between Di Giorgio and the Customer.
.1 - GeneralThedelivery
times indicated on the Website are average times and correspond to the processing and shipping times. The products are delivered by La Poste or another carrier to the delivery address indicated by the customer when ordering. When the customer orders several products at the same time and they have different shipping times, the shipping time of the order is based on the longest time. Di Giorgio reserves the right to split the shipment. Di Giorgio reserves the right to split the shipments, but will only charge the shipping and handling costs for one shipment. Di Giorgio shall not be held responsible for the consequences of late delivery. Any order not shipped within 30 days of the order will be cancelled unless otherwise stated in the sales offer.
5.2 - Delivery timesThe
delivery times of the products vary according to the availability of the products. The delivery time of the products varies between 5 days and 3 weeks. Di Giorgio will inform the customer as soon as possible if the delivery time is not respected. If the delivery time is exceeded, no cancellation of the order, reduction of the price paid by the customer, or payment of damages will be possible, as long as the customer receives the product within 30 working days after the order has been confirmed. In case of unavailability of the product within the 30 days, Di Giorgio will refund the customer after informing him/her.
The Customer has seven clear days to exercise his/her right of withdrawal without having to justify his/her reasons or pay any penalties, except for the return shipping costs, as long as the product is returned to Di Giorgio in its original condition and packaging. In this case, Di Giorgio will reimburse the Customer upon receipt of the product, complete, in its original condition and packaging. However, according to article L. 121-20-2 of the French Consumer Code, goods and objects made according to the Customer's specifications or personalized at the Customer's request cannot benefit from the right of withdrawal and will not be taken back or exchanged, except in the case of the warranty of defects affecting the object sold.
case of error by Di Giorgio (sending a different product than the one ordered) or if the delivered product is defective, Di Giorgio will proceed, at the Customer's discretion, to exchange or refund the product upon receipt by Di Giorgio of the complete product in its original condition and packaging, provided that the Customer submits to Di Giorgio, within three working days of delivery, any claim regarding the delivered package (for example: damaged package, already opened...). The refund will be made by crediting the customer's bank account or by sending a check to the customer's name and billing address specified in the order.
In the event of a dispute, an amicable solution will be sought before any legal action is taken, it being recalled that this search for an amicable solution does not preclude the legal guarantees of conformity of the goods to the contract and hidden defects from which the customer benefits. In the absence of agreement between the parties, any legal action will be brought before the Commercial Court of Paris.
ARTICLE 9 : DURATION
The offers are valid while stocks last and without prior warning of the end of an offer.
ARTICLE 10: ACCEPTANCE AND CANCELLATION
All orders are considered binding and may only be cancelled with the express consent of Di Giorgio and under conditions that will compensate Di Giorgio for any damage or loss caused by such cancellation.
ARTICLE 11: INTELLECTUAL PROPERTY
All jewels presented on the Site or visual or sound elements of the Site are protected by copyright, design or trademark. They are the exclusive property of Di Giorgio. Any deterioration, as well as, in the absence of authorization, any representation, reproduction, modification, commercial use, total or partial, of the various elements of the Site is forbidden and exposes its author(s) to legal proceedings. Any user who wishes to create an electronic link to the Website must ask Di Giorgio for prior authorization.
ARTICLE 12: RESPONSIBILITY FOR DATA
Di Giorgio makes every effort to ensure the confidentiality and security of the data that may be entered or transmitted on the Website. Di Giorgio does not store any credit card information after the payment has been made. In accordance with the French law "Informatique et Libertés" of January 6, 1978, you have the right to access and rectify your personal data. You just have to send us by mail the opposition of access to your personal data by proving your identity.
ARTICLE 13: FORCE MAJEURENone of the
two parties will have failed in its contractual obligations, insofar as their execution will be delayed, hindered or prevented by a fortuitous event or a force majeure. Will be considered as fortuitous event or force majeure all facts or circumstances irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which could not be prevented by the latter, despite all efforts reasonably possible. The party affected by such circumstances shall notify the other within ten working days of the date on which it becomes aware of them. The two parties will then meet, within a period of one month, unless this is impossible due to force majeure, to examine the impact of the event and to agree on the conditions under which the contract will be continued or, where applicable, the order cancelled.
ARTICLE 14: WARRANTY AND AFTER-SALES SERVICE CONDITIONSAny
manufacturing process, whatever the care, attention or quality of the materials used, entails, in spite of rigorous control, risks of manufacturing imperfections that require appropriate treatment.
To this end, and to meet the needs of its customers, DI GIORGIO has published the following chart, which allows each customer to appreciate the extent and limits of the guarantees provided.
DI GIORGIO jewellery benefits from a double guarantee.
a) Guarantee against hidden defectsThis
guarantee is exercised under the conditions expressly defined by the law and within the time limit for recourse set.
In the event of a hidden defect affecting a piece of DI GIORGIO jewellery, the Company undertakes to replace the item within 4 weeks of its return by the private individual, provided, however, that it is a piece of jewellery still in the Brand's catalogue.
Otherwise, a replacement item equivalent in value will be offered.
b) contractual guarantees.
The DI GIORGIO jewels are guaranteed by the company under the conditions specified below, for a period of six months from the day of the sale, transaction made on the site.
The guarantee covers possible modifications, alterations, degradations of the jewels inherent to the manufacture or to the nature of the employed material.
Are excluded from the guarantee:
- The degraded articles, damaged by an abusive use or by a use not in conformity with the nature, the coating, the material used by the manufacturer. Contact with detergents, sea or swimming pool water, lacquer, perfumes, acid products or any other liquids likely to alter the coatings, materials or simply to modify the appearance are prohibited.
- The Company reserves the right to assess, at its own discretion, whether the conditions of the contractual guarantee are met, upon receipt of the defective item.
1) Exercise of the guarantee:
Prior to any shipment, the individual must :
- bring the justification of the purchase, with the date and reference. (invoice or copy of the transaction made on the website .....)
- send the article in a specially adapted envelope to avoid any damage, to the Company's headquarters.
2) modalities of intervention within the framework of the above guarantees:-
hidden defect : The Company will proceed with the outright replacement of the defective item within fifteen days, subject to availability in stock.
Otherwise, a delay of three to four weeks will be necessary
- contractual guarantee: When the Company, upon receipt of the jewelry and proof of purchase, dated and referenced will have deemed that the warranty applies, it will proceed as follows:
Repair of the item, if technically possible within 3/4 weeks
Replacement of the same item, subject to availability in stock, within 3/4 weeks.
The articles sent by the private individual are at the expense of the latter who also assumes the risk of loss or damage.
The reshipment of the jewels for which the Company will have accepted the implementation of one of the two guarantees above, will be ensured by the supplier and at his expense.
B) AFTER SALE SERVICE
The Company ensures the after sale service under the restrictive conditions specified below.
This intervention is part of an ongoing and lasting commercial relationship between the client and the supplier intended, in the mutual interest, to facilitate the maintenance of commercial links.
Repairs are invoiced according to the extent of the damage suffered by the jewel.
A minimum fee of 25 € will be applied, including the postal costs of reshipment. The sending of the article for repair implies the acceptance, without any other formality, and the commitment to pay the above-mentioned fixed price.
If the cost exceeds the fixed price, the Company will send an e-mail indicating the amount to be paid and, after confirmation, the jewel will be repaired.
This will be done within 3/4 weeks.
When the jewel is technically or economically irreparable, it will be scrapped or returned to the professional against payment of postal charges.
APPENDIX: APPLICABLE TEXTSArticle
L. 211-4 of the Consumer CodeThe
seller is required to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L. 211-5 of the Consumer CodeTo
be in conformity with the contract, the goods must: 1° - Be suitable for the use usually expected of similar goods and, where appropriate : - 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 may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling; 2° - Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and that the latter has accepted.