CGV - CGU
Article 1: Preamble
Article 2: Definitions
Article 3: Purpose
Article 4: Duration in force
Article 5: Product information
Article 6: Order
6.1 General Provisions
6.2 Connection to the danielgerard.lu Site
6.3 Creating an account on danielgerard.lu
6.4 Ordering Process
6.5 Payment
6.5.1 Payment by credit card
6.5.2 Payment through "PAYPAL »
6.5.3 Payment by bank transfer
6.5.4 Payment in instalments
Article 7: Conclusion of the order
7.1 Principles
7.2 Refusal of orders
7.3 Prices
Article 8: Execution of the order
8.1 Gift Package
8.2 Delivery
8.3 Delivery rates
8.4 Right of withdrawal
8.5 Product Compliance
8.6 Product Quality
8.7 Exchange of Products
8.8 Money-back guarantee
Article 9: Provisions relating to gift lists
Article 10: Compliance with Laws
Article 11: Personal data
11.1 Processing of personal data
11.2 Cookies
Article 12: Guarantees
Article 13: Liability
Article 14: Intellectual property
Article 15: Miscellaneous
Article 1: PREAMBLE
The company DANIEL GERARD JOAILLIERS is an authorized distributor of the biggest brands in the world. WATCHMAKING and High Jewellery:
Anxious to better meet the expectations of its customers, DANIEL GERARD JOAILLIERS wanted to set up, in parallel with its shop, a network for the distance selling of some of its products via the internet.
In order to guarantee its customers an optimal level of service, the company DANIEL GERARD JOAILLIERS wanted to offer certain defined brands the possibility of purchasing some of their products online.
The list of products and brands offered in the context of distance selling can be consulted on the website www.danielgerard.lu
Brands that have not given their consent in the context of distance selling are only present for the presentation and promotion of their products.
The system thus put in place, which presupposes an active approach on the part of the customer, complies in all respects with the requirements required for distance selling and, in particular, with Articles L. 111-1, L.113-3 and L. 121-16 et seq. of the Consumer Code.
The use of the distance selling process described in these General Terms and Conditions of Sale is reserved only for consumers, acting exclusively on their own behalf and domiciled in the Grand Duchy of Luxembourg.
Article 2: DEFINITIONS
For the performance and interpretation of the Contract, the following words, the first letter of which is capitalized, whether singular or plural, in the Contract, shall have the meaning given to them below:
Customer or Consumer: refers to any natural person, at least eighteen (18) years of age, wishing to acquire Products or create a Gift List on the Site and acts for purposes that do not fall within the scope of his or her commercial, industrial, craft or liberal activity.
Order: refers to any purchase of a Product on the Site, whether or not the Customer creates an Account.
Account: means theAREA The Client's private address, accessible through the Identifiers, and created for the purpose of completing an Order.
Contract: refers to these general terms and conditions of sale.
Delivery Time: refers to the period between the confirmation of the Order by the Customer and the Delivery of the Product to the Customer.
Withdrawal period: refers to the period during which the Client may cancel his Order by sending a letter to DANIEL GERARD JOAILLIERS the Withdrawal Form.
Donor: refers to the person(s) who participate in the Gift List by making donations.
Personal data: refers to the information communicated by the Client in the context of placing an Order (in particular name, postal address, telephone number, email address) and/or in the context of the creation of an Account, including personal data within the meaning of Law No. 78-17 of 6 January 1978 and which is sent, stored or processed through the Website.
Withdrawal form: refers to the form to be completed by the Client for any request for an exchange or refund of his order and to be returned to DANIEL GERARD JOAILLIERS within the time limits set by these General Terms and Conditions of Sale. The form can be accessed via the Customer's danielgerard.lu account by clicking on My Orders.
Identifiers: refers to the Client's own identifier and login password indicated by the Client when creating an Account on the Site to place an Order.
Delivery: refers to the day on which the Client takes physical possession of the Product.
Gift List: refers to the List submitted by the Account Holder when creating the "Gift List" account.
DANIEL GERARD JOAILLIERS: refers to the company DANIEL GERARD JOAILLIERS: Registered with the Luxembourg Trade and Companies Register under number B226610 Registered office: 6 RUE ALDRINGEN – ROYAL HAMILIUS L-1118 LUXEMBOURG. VAT: LU50306663. Tel: +352 2 451 30 55.
Party(ies): Individually designate DANIEL GERARD JOAILLIERS or the Client and collectively both.
Product: refers to any product that may be the subject of an Order. Notwithstanding all the care taken in the visual design of the latter, the Client must refer to the description of the products to know their detailed characteristics.
Website: refers to the website www.danielgerard.lu
Territory: refers to the Grand Duchy of Luxembourg.
Article 3: Purpose
The purpose of the Contract is to define the conditions under which a Customer may purchase Products on the Site, may create a Gift List on the Site and the regime applicable to any Order concluded for Delivery to the Territory.
Article 4: DURATION OF ENTRY INTO FORCE
The Contract comes into force at the time of the Order and is concluded for the duration of the performance of the obligations hereunder as well as the supply of the Product by DANIEL GERARD JEWELERS.
Article 5: PRODUCT INFORMATION
Information relating to all Products bearing the various brands offered for distance selling is available with their references, in the jewellery department DANIEL GERARD in Luxembourg, as well as on the Website.
Article 6: ORDER
6.1 GENERAL PROVISIONS
Orders will be placed online on the Site.
The Customer may choose to create an Account or opt for prompt payment of his Order.
Regardless of the option chosen, the Client is informed that Data will have to be entered, some of which are mandatory and others optional. Some of the information requested is mandatory and marked with an asterisk. If the Client chooses not to provide it, DANIEL GERARD JOAILLIERS will not be able to process the request. On no account DANIEL GERARD JOAILLIERS does not collect visitors' e-mail addresses without their express consent.
Orders will be placed in French.
6.2 CONNECTION TO THE SITE
The Client acknowledges that he/she will be responsible for the telecommunication costs when accessing the Internet and using the Site.
The Client acknowledges that differences in the capacity of different networks and subnets of the Internet, as well as the influx of connections at certain times, may lengthen the time it takes to transmit and exchange information.
DANIEL GERARD JOAILLIERS does not guarantee the uninterrupted operation of its Website and cannot therefore be held liable for the unavailability or malfunction of its online services, in particular in the event of a breakdown, maintenance or update operations.
DANIEL GERARD JOAILLIERS does not guarantee the use of the online service on all browsers, on all computer equipment and software configurations.
DANIEL GERARD JOAILLIERS cannot be held liable for any damage, material or immaterial, caused to users, their computer equipment and the data stored therein, or for any direct or indirect consequences that may result therefrom, in particular on their personal, professional or commercial activity, as well as for any damage of any kind (personal, physical, material, financial or other) occurring during the consultation or use of the Site.
Under no circumstances shall the DANIEL GERARD JOAILLIERS cannot be searched if the Site is unavailable for any reason whatsoever.
In the event of prolonged inactivity during login, it is possible that the selection of the Products chosen prior to this inactivity is no longer guaranteed. The Client will be asked to start the Order process from the beginning.
6.3 CREATING AN ACCOUNT
The creation of an Account will be carried out by the Client's online registration in the "My Order> I identify myself" section, accessible at the address "https://danielgerard.lu" in order to conclude an Order.
For the purposes of registration, the Client undertakes to provide accurate information and an e-mail address to which any information can be sent to him/her by DANIEL GERARD JEWELERS.
Once the registration has been completed and the information entered has been verified and validated by the Client for the creation of the Account, the Client will receive as soon as possible a confirmation of the creation of his Account at the email address he will have previously entered during his registration.
Subsequently, the Client will be able to log in by entering the Credentials to his Account to subsequently complete all his Orders.
In the event of loss of the Identifiers, the Client may contact DANIEL GERARD JOAILLIERS via the "My Account" section in order to be able to log back in to their Account following the applicable Client identity verification procedure.
6.4 ORDERING PROCESS
All the steps necessary to place the Order will be specified on the Site during the Order process and must each be expressly validated by the Client.
If one of the steps is not validated, the Client will not be able to finalize his Order.
The Order process will include the following steps:
– 1/ The choice of the Product: the Client will choose the Product on the Site of his choice commander and will validate their choice by adding their Product to the cart
– 2/ The creation of the Customer Account: the Customer must fill in all the Data necessary to create an Account for the conclusion of his Order.
– 3/ Acceptance of the Contract: after choosing the Product, the Client will read and accept the Contract reproduced in full.
– 4/ Delivery and means of payment: the Client will then provide the address of the Delivery, the delivery method and will be informed of the delivery time and cost of the Product. The Client will also be informed of the payment methods and will choose the one that suits him.
– 5/ The shopping cart: the shopping cart will contain the characteristics of the Product, its price, the delivery time and cost of the Product, the conditions and the Customer's withdrawal period and the payment method chosen. The Customer must check the details of his Order, and may modify or correct the contents of his basket.
– 6/ The final validation of the Order: after the confirmation of the contents of his basket, the Customer will validate his Order and his obligation to pay by clicking on the button for this purpose, entitled "Order with obligation to pay".
– 7/ Payment: the Client will then pay for his Order according to the chosen payment method
– 8/ The Order confirmation email: when the Client has paid for his Order, he will receive an Order confirmation email at the email address he will have provided in step 2.
6.5 PAYMENT
The Client may pay for his Order according to the following methods.
In the event that, for any reason whatsoever (opposition, refusal by the issuing centre, etc.), the debiting of the sums due by the Client proves impossible, the Order process will be cancelled.
DANIEL GERARD JOAILLIERS cannot be held responsible for any cancellation or refusal of an Order in the event that it appears that the bank details provided at the time of the Order do not allow payment of the same.
6.5.1 PAYMENT BY CREDIT CARD – coming soon –
Payment for the Order can be made by credit card.
For payment by credit card, cards from the "CB" network, Visa, Eurocard/Mastercard, American Express issued to bank accounts domiciled in the Grand Duchy of Luxembourg, by bank transfer for the benefit of DANIEL GERARD JEWELERS.
The Customer's credit card is debited at the time of the Order.
To this end, the Client guarantees to the company DANIEL GERARD When placing an Order, JOAILLIERS declares that he/she is the holder of the bank card and that the name appearing on this bank card to be debited is his/her own, and then communicates all the bank data requested in a secure environment on the Internet.
In order to guarantee the confidentiality and security of banking data, the control will be carried out online with the competent banking institutions and organizations, queried via the "3D Secure" system, a payment platform.
This payment platform will be responsible for the storage and automated processing of information relating to each Order, including bank details, in a secure environment.
In addition, information related to Orders is subject to automated Data processing.
Failure to provide data in connection with an Order will prevent the completion and analysis of the corresponding transaction.
The occurrence of a non-payment due to a fraudulent use of a bank card will result in the registration of the contact details related to the order associated with this non-payment within a payment incident file implemented by the payment platform Six Payment Services.
An irregular declaration or an anomaly may also be subject to specific treatment.
6.5.2 PAYMENT THROUGH THE SITE PAYPAL
The payment of the Order can also be made through the payment site Paypal (credit card or bank account Paypal).
In this context, DANIEL GERARD JOAILLIERS uses the company's payment and security service Paypal.
Confidential data relating to the means of payment are not accessible by DANIEL GERARD JOAILLIERS, but managed directly by the security service.
The Customer's credit card is debited at the time of the Customer's Order.
6.5.3 PAYMENT BY BANK TRANSFER
Payment for the Order can be made by means of a bank transfer, the bank details of which are DANIEL GERARD JOAILLIERS are as follows:
DANIEL GERARD JOAILLIERS LUXEMBOURG SARL
International Bank Account Number (IBAN): LU36 0019 7055 0977 0000
Bank Identification Code (BIC): BCEELULL
Account Holder: DANIEL GERARD JOAILLIERS LUXEMBOURG.
6 ALDRINGEN STREET – ROYAL HAMILIUS L-1118 LUXEMBOURG. VAT: LU50306663. Tel: +352 2 451 30 55.
Article 7: THE FINAL CONCLUSION OF THE ORDER
7.1 PRINCIPLES
The Order will be considered final after the confirmation email has been sent to the Client by DANIEL GERARD JEWELERS.
DANIEL GERARD JOAILLIERS reserves ownership of the delivered Product until full payment of its principal price and interest.
Payment is made upon actual receipt of the price. In case of non-payment in full or in part, DANIEL GERARD JOAILLIERS may, without prior notice, claim the Product which may have been delivered by DANIEL GERARD JEWELLERS to the Client.
The Order confirmation email will contain the following:
– The Product chosen, its characteristics and price,
– The payment made and the corresponding invoice,
– The delivery time of the Product and the delivery price,
– The conditions and the withdrawal period of the Order,
– The Contract including the withdrawal form.
7.2 REFUSAL OF ORDERS
The existence of a dispute between DANIEL GERARD JOAILLIERS and a Client relating to the payment of a previous Order constitutes a legitimate reason within the meaning of Article L 122-1 of the French Consumer Code, allowing the refusal by DANIEL GERARD THE PUBLISHERS of the confirmation and final conclusion of the Order.
The impersonation of a third party or the presentation of the Client in a false capacity also constitutes a legitimate reason within the meaning of Article L 122-1 of the Consumer Code.
7.3 PRICES
The prices displayed on the Site are expressed in euros, including all taxes, and include, where applicable, any applicable discounts due to promotional offers.
They do not include the shipping and packaging costs specified during the Order process and summarized in the shopping cart before the final validation of the Order.
The price of the Product and the cost of the Delivery will be summarized by DANIEL GERARD In the Order confirmation email sent to the Client after the final validation of the Order and payment.
Article 8: EXECUTION OF THE ORDER
8.1 Gift Package
As soon as we receive your order, our team will be happy to prepare your order carefully. Your jewellery and watches are sent in a beautiful box, which is itself packaged in a sumptuous gift package.
8.2 DELIVERY
Terms of delivery
The Products will be delivered to the address provided when placing the Order.
The Product will be delivered to the Delivery address, provided by the Client during the Order process and located in the Territory. DANIEL GERARD JOAILLIERS will deliver the Product either by express transport or by simple parcel. DANIEL GERARD JOAILLIERS shall bear the consequences of the loss or damage of the Product until it is Delivered to the Client.
Products are shipped at declared value with the current partner of DANIEL GERARD JOAILLIERS: The Post Office.
This service provides the sender with a controlled routing, the delivery of consignments against the signature of the addressee (or his authorized representative) and the reimbursement of the value of the contents declared at the time of deposit in the event of loss, spoliation or damage (within the maximum limit of declaration allowed) www.laposte.net.
Thanks to the delivery tracking offered by La Poste, the Customer can track the delivery of his Order in real time with his consignment number.
The Delivery Time is the one indicated in the Order summary.
In the event that DANIEL GERARD If JOAILLIERS does not deliver the Product within the indicated Delivery Time, the Client may order DANIEL GERARD JOAILLIERS by registered letter with acknowledgment of receipt to comply within a further period of 14 days from receipt of the letter.
In the event of non-execution of the Delivery by DANIEL GERARD Within the additional period granted by the Client, the Client may resolve the Order by sending it to DANIEL GERARD Letter sent by registered letter with acknowledgment of receipt.
The Order is deemed to have been resolved upon receipt of the letter by DANIEL GERARD JOAILLIERS if delivery has not taken place between the sending and receipt of this letter.
The Client shall not be required to send prior notice to DANIEL GERARD JOAILLIERS a letter ordering it to deliver it within an additional period when the Delivery Time was an essential condition resulting from the characteristics of the Order within the meaning of Article L 138-2 of the Consumer Code that the Client will have communicated to DANIEL GERARD JEWELLERS during the Order process.
DANIEL GERARD JOAILLIERS will therefore reimburse the Client for all sums paid, at the latest within fourteen (14) days following the date on which the Order was terminated. In the event of a delay in the reimbursement of the sums paid, the Client will implement the surcharges provided for in Article L 138-3 of the Consumer Code.
The sums will be reimbursed, either by crediting the bank account used for the Order, or by sending a cheque to the billing address provided at the time of the Order.
8.3 DELIVERY RATES
FREE DELIVERY in France Luxembourg and Belgium!
Pick-up possible by appointment in our store in Luxembourg City:
6 ALDRINGEN STREET – ROYAL HAMILIUS L-1118 LUXEMBOURG. VAT: LU50306663. Tel: +352 2 451 30 55.
Contact us on +352 2 451 30 55 or by email contact@danielgerard.lu for more information.
DELIVERY to the rest of the world by DHL.
8.4 RIGHT OF WITHDRAWAL
DANIEL GERARD JOAILLIERS informs the Client of his/her right and the conditions of withdrawal during the Order process.
The Order confirmation email contains the link to these General Terms and Conditions of Sale and the Withdrawal Form allowing the Client to exercise his rights.
The Client will not be able to exercise his right of withdrawal in the event of an Order for a Product made according to his specifications and highly personalised.
The Client has a period of fourteen (14) clear days to exercise his/her right of withdrawal from the Delivery of the Product. If the Order requires the delivery of several Products, the withdrawal period given to the Client runs from the last Delivery.
The exercise of the right of withdrawal is subject to the Client sending to DANIEL GERARD Withdrawal Form before the expiry of the period of fourteen (14) days following the delivery of the order.
The Client may send the Form to DANIEL GERARD JOAILLIERS by registered letter with acknowledgment of receipt before the expiry of the period of fourteen (14) days following the delivery of the order.
When the withdrawal request is sent through the Site, DANIEL GERARD JOAILLIERS will send an acknowledgment of receipt of the request by email to the Client at the email address provided by the Client.
In the event of a dispute relating to the date or the Client's right of withdrawal, it will be up to the Client to provide proof of the exercise of his right.
The Product must be returned by the Client, at his/her expense, by tracked parcel or any other means allowing proof of a certain date to the following address DANIEL GERARD JOAILLIERS 6 RUE ALDRINGEN – ROYAL HAMILIUS L-1118 LUXEMBOURG in its original packaging. Products damaged, damaged or soiled by the Client will not be taken back.
In the event of withdrawal, DANIEL GERARD JOAILLIERS shall reimburse the Client for all sums paid, and for delivery costs, with the exception of return costs, no later than fourteen (14) days following the date on which the right of withdrawal was exercised, it being specified that compliance with this period is subject to the effective recovery of the Product by DANIEL GERARD JEWELERS.
DANIEL GERARD JOAILLIERS will not be obliged to reimburse the delivery costs to the Client when the Client has chosen a more expensive delivery method than the traditional delivery method.
In the event of delay in the reimbursement of the sums paid and the delivery costs paid by the Client, the Client will implement the surcharges provided for in Article L 121-21-4 of the Consumer Code.
The sums will be reimbursed, either by crediting the bank account used for the Order, or by sending a cheque to the billing address provided at the time of the Order.
8.5 PRODUCT COMPLIANCE
If the Product delivered is defective, damaged or does not correspond to the Order, DANIEL GERARD JOAILLIERS undertakes, at the Client's option, to reimburse the latter or to proceed with an exchange of the latter.
Return shipping costs by the Client will be reimbursed by DANIEL GERARD JOAILLIERS as soon as possible and at the latest within thirty days of receipt thereof.
The sums will be reimbursed, either by crediting the bank account used for the Order, or by sending a cheque to the billing address provided at the time of the Order.
8.6 PRODUCT QUALITY
The jewellery distributed is selected with the highest standards. The master's hallmark makes it possible to identify the jeweller's work and to recognize the provenance of a piece. That of DANIEL GERARD JOAILLIERS is a reflection of what is particularly fond of Daniel GERARD JEWELERS.
8.7 PRODUCT EXCHANGES
DANIEL GERARD JOAILLIERS wishes to offer its Customers the possibility of exchanging items delivered non-personalised and not engraved under the conditions described below.
The Client may, at its option, within thirty (30) days of the Delivery Date:
– or proceed with the exchange at a distance. In this case, the Client may contact DANIEL GERARD MANUFACTURERS and after agreement, he/she may return the delivered Product, in its original packaging, complete (accessories, instructions, etc.) and accompanied by the carefully completed return form as well as a copy of the invoice, to the following address: DANIEL GERARD JOAILLIERS -6 RUE ALDRINGEN – ROYAL HAMILIUS L-1118 LUXEMBOURG.
The Client must return the Product by registered mail with acknowledgement of receipt, or by any other means giving a certain date, the return costs remaining at the expense of the Client. Any new delivery can only take place from the date of receipt by the company DANIEL GERARD JEWELS of the Product returned by the customer.
– Or go to the shop DANIEL GERARD JOAILLIERS 6 RUE ALDRINGEN – ROYAL HAMILIUS L-1118 LUXEMBOURG with the Product delivered in its original packaging, complete (accessories, instructions, etc.) and accompanied by a copy of the invoice in order to proceed with the exchange.
Regardless of the option chosen, Products returned incomplete, damaged, deteriorated or soiled by the Customer will not be exchangeable.
In the event of an exchange of a Product, the original Order will be rescinded.
The payment of the new Order will be made by offsetting against the amount of the previous Order, it being understood that any overpayment will be subject either to a credit note in favour of the Client, or to a re-credit to the Client's credit card or to the Client's bank account provided that the Client contacts the management team again. DANIEL GERARD JEWELERS.
In the event of an exchange of Products, the new Order will be subject to the Agreement.
8.8 SATISFIED OR REIMBURSED
Your satisfaction is our priority. If, however, the order placed on our website www.danielgerard.lu does not bring you complete satisfaction, we undertake to exchange or refund your purchases as soon as possible.
If you would like to request an exchange:
You have 30 days from receipt of your order to make your exchange request. You will only be responsible for the shipping costs of the package. Your request must be made via the withdrawal form available in your account danielgerard.lu/mes orders.
Your order can only be exchanged once.
As soon as we receive the product to be exchanged, we will contact you to inform you and we will proceed with the exchange, either by shipping the new product, depending on its availability, or by issuing a voucher valid for 1 year from the date of issue in our danielgerard.lu e-shop.
You choose to request a refund
You have 14 firm days from receipt of your order to submit your refund request. You will only be responsible for the shipping costs of the package. Your request must be made via the withdrawal form available in your account danielgerard.lu/mes orders.
As soon as we receive your package from our danielgerard.lu team, we will process your refund request as soon as possible.
If you have any questions prior to your refund request, please contact us at: +352 2 451 30 55 or by email at contact@danielgerard.lu We will tell you what to do.
You can also consult our General Terms and Conditions of Sale again.
Article 9: SPECIFIC PROVISIONS FOR GIFT LISTS ON THE SITE
9.1 OPENING THE GIFT LIST
9.1.1 CREATION OF A "GIFT LIST" ACCOUNT
DANIEL GERARD JOAILLIERS offers people who wish to do so, the opening of a "Gift List" account on its Website and/or in its store allowing them to submit a Gift List.
The Customer can create the "gift list" account in a store DANIEL GERARD JEWELERS. In this case, the Client will be given the Contract that he must sign before the creation of the "gift list" account.
The Client may create a "gift list" account on the Site under the same conditions as for the creation of the Account referred to in Article 6.3 hereof. The Client must expressly accept the Contract, reproduced in its entirety on the Site, in order to validate the creation of his account.
If the Contract is not validated, the Client will not be able to finalize the creation of a "gift list" account.
The Account Holder of this "Gift List" account certifies that the information provided to DANIEL GERARD JOAILLIERS are accurate and undertake to immediately notify any changes that may occur.
9.1.2 SUBMISSION OF THE GIFT LIST
The Gift List can be viewed by Donors in-store and/or on the Site.
The Products appearing on the Gift List are listed for information purposes only and are not binding on the store DANIEL GERARD Neither JOAILLIERS nor the Account Holder, who remains free to purchase any Product that is part of the offer DANIEL GERARD JEWELS and available at the time of purchase.
The allocation of donations to these Products is indicative only, and does not bind in any way DANIEL GERARD Neither the Donees nor the Holder of the List. Products are not reserved at the time of donation by Donors.
The availability and price of the Products will be those applicable on the day of their actual purchase and collection by the Account Holder.
9.2 HOW THE GIFT LIST WORKS
The "Gift List" account is made up of the value of the contributions made to the list by the Donors.
Contributions made by donors are voluntary participation.
Gifts and entries offered on the list are deemed to belong to the "Gift List" Account Holder.
Under no circumstances may the Account Holder obtain reimbursement for the benefit of the sums paid by the Donors.
The Account Holder is informed of the donations made on the Gift List by e-mail to the address provided when creating the "gift list" account.
The indication of a Product wish on the Gift List does not trigger any Order.
The Account Holder may commander the Products definitively chosen by contacting DANIEL GERARD JEWELLERS at the following address https://danielgerard.lu/liste" by going to the store DANIEL GERARD JOAILLIERS in Luxembourg.
In the event of a discrepancy between the chosen Product and the actual amount financed by the Donors, the Account Holder undertakes to pay the outstanding amount within one month of the closure of the Gift List.
The Account Holder acknowledges that the costs of delivery of the Products ordered are at its expense.
The Account Holder will be able to consult the sums paid by the Donors to his "gift list" account as well as the balance of his account in the event of the purchase of Products.
Article 10: COMPLIANCE WITH LAWS
The Client shall refrain from impersonating a third party or presenting himself in a false capacity. The Client must be of legal age, habitually resident in the Territory, have the legal capacity to place an Order and be the holder of a credit card as defined in Article 6.5 hereof.
In the event that a Client or any third party becomes aware of non-compliance with the above-mentioned provisions, the latter shall inform the Site managers using the form available in section https://danielgerard.lu/contacts
Article 11: PERSONAL DATA
11.1 PROCESSING OF PERSONAL DATA
The terms "personal data", "process", "data controller", "processor" have the same meaning as that given to them by Law No. 78-17 of 6 January 1978, by Directive No. 95/46/EC of 24 October 1995, as well as by any applicable European Regulation for this purpose, hereinafter referred to as "the Regulation".
DANIEL GERARD JOAILLIERS has created an electronic file that contains Personal Data relating to its Clients. When an Order is placed on the www.danielgerard.lu Site by any new Customer, this database will be enriched with information about the Customer, which will then make it possible to better meet their expectations and facilitate assistance services.
The Data collected when any Order is placed is kept confidential and is used for the purposes of processing Orders, for any sending of promotional offers, or information if the Client has accepted this possibility.
In accordance with the Regulations, any Client may obtain communication and, if necessary, rectification or deletion of information concerning him or her by contacting DANIEL GERARD JEWELERS:
• By e-mail: contact@danielgerard.lu
• By mail: DANIEL GERARD JOAILLIERS – 6 RUE ALDRINGEN – ROYAL HAMILIUS L-1118 LUXEMBOURG.
Depending on the choices made when creating or viewing their Accounts, Customers may choose whether they wish to receive DANIEL GERARD JOAILLIERS, or be informed of particular operations via e-mail. If a Client no longer wishes to receive these offers, he/she may request them at any time by clicking on an electronic link available on the emails for this purpose, or by modifying his/her account directly on the website www.danielgerard.lu
11.2 COOKIES
The Website does not use advertising cookies that require prior information and consent from the Client.
The only cookies set by DANIEL GERARD JOAILLIERS are cookies strictly limited to the use and provision of the Site and relating in particular to the constitution of the shopping cart during the Order process or when the Customer logs in through his Identifiers to his Account.
Article 12: GUARANTEES
The Products sold on the Site comply with French legislation and benefit from the legal guarantee of conformity in accordance with articles L 211-1 et seq. of the Consumer Code.
Article 13: LIABILITY
DANIEL GERARD JOAILLIERS cannot be held liable for non-performance, failures or delays in the performance of any of its obligations due to the occurrence of a case of force majeure, as usually recognized by case law or as reasonably uncontrollable by it, such as export bans resulting from a government decision, sectoral or national social movements, transport blockades of all kinds, breakdowns, computer cuts to the Site, bad weather, etc.
DANIEL GERARD JOAILLIERS will inform the client of such an unforeseeable event or force majeure within seven (7) days of its occurrence. In the event that this suspension continues beyond a period of fifteen days, the Client will then have the possibility to terminate the current Order, and it will then be reimbursed under the conditions set out in Article 8.1 hereof.
Article 14: INTELLECTUAL PROPERTY
The content of the Site and in particular the articles, trademarks, logos or images are the property of DANIEL GERARD JOAILLIERS or their owners and are the subject of an authorisation for use for the benefit of DANIEL GERARD JEWELERS.
It is forbidden to use, distribute, copy, reproduce, modify, distort or transmit the Site or elements of the Site such as texts, images, sounds or trademarks and logos without the prior written authorization of DANIEL GERARD JEWELLERS or rights holders.
Likewise, are strictly forbidden without the prior express written consent of DANIL GERARD JOAILLIERS
– the creation of hypertext links to any of the pages or any of the elements composing the Site;
– any use that does not comply with this license to use the Site and in particular, use of any
any of the elements composing it (articles presented, descriptions, prices, data, software, graphics, images, texts, photographs, tools, etc.) for sale or any other directly or indirectly commercial use.
Article 15: MISCELLANEOUS
15.1 APPLICABLE TERMS AND CONDITIONS
The Contract applicable to the Client is the one accessible on the Site on the date of the Order.
In the event that new general terms and conditions of sale are introduced or evolve, the new terms and conditions will only be applicable to Customers who have placed an Order on their effective date.
15.2 AGREEMENT OF PROOF
Unless otherwise expressly stipulated herein, the Parties declare that they agree to exchange the information necessary for the performance of the services that are the subject of the Contract by exchanges and e-mails to the addresses previously provided at the time of the Order in accordance with Articles 1369-1 to 1369-5 of the Civil Code.
The Parties expressly declare that correspondence and electronic communications between them shall have the value of written proof and waive the right to require any confirmation by letter.
15.3 ASSIGNMENT – SUBCONTRACTING
DANIEL GERARD JOAILLIERS remains free to assign the Contract to any third party of its choice and to subcontract its services in connection with the performance of the Contract.
15.4 PARTNER LINKS
The Website may offer hypertext links to websites published and/or managed by third parties.
The Client expressly acknowledges that DANIEL GERARD JOAILLIERS assumes no responsibility for the provision of these resources, and cannot be held responsible for their content.
15.5 CONTACTS
For any information, complaint or question relating to the Contract, Clients should contact DANIEL GERARD JOAILLIERS – 6 RUE ALDRINGEN – ROYAL HAMILIUS L-1118 LUXEMBOURG. Tel: +352 2 451 30 55 , or by e-mail: contact@danielgerard.lu
15.6 ENTIRE AGREEMENT
The Contract contains all the obligations of the Parties.
The provisions of the Agreement are exclusive of all others. They supersede all proposals, agreements or protocols and take precedence over all other communications between the Parties, relating to the subject matter of the Contract, whether or not made during its performance.
15.7 NO WAIVER
The fact that one of the Parties has not required the application of any clause of the Contract, whether permanently or temporarily, can in no way be considered as a waiver of the rights of that Party arising from the said clause, the non-application of which has been tolerated.
15.8 STIPULATIONS
If one or more provisions of the Contract are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, they shall be deemed to be unwritten; The other stipulations will retain their full force and scope.
15.9 TITLE OF CONTRACT ARTICLES
The headings of the articles of the Agreement are inserted for convenience of reference only and may not be used to interpret or affect the meaning of such articles. Also, in the event of a difficulty of interpretation between any of the titles and any of the clauses constituting the Contract, the titles will be declared as non-existent.
15.10 GOVERNING LAW
The Contract is governed by Luxembourg law, and any difficulties relating to the application or interpretation of the Contract binding the Parties will be submitted, in the absence of conciliation, to the competent courts of the Grand Duchy of Luxembourg.