CGV - CGU
Article 1: Preamble
Article 2: Definitions
Article 3: Purpose
Article 4: Duration
Article 5: Product information
Article 6: Ordering
6.1 General provisions
6.2 Connection to the danielgerard.lu website
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 via 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: Order fulfilment
8.1 Free gift package
8.2 Delivery
8.3 Delivery rates
8.4 Right of withdrawal
8.5 Product conformity
8.6 Product quality
8.7 Product exchange
8.8 Satisfied or your money back
Article 9: Gift list provisions
Article 10: Compliance with the law
Article 11: Personal data
11.1 Processing of personal data
11.2 Cookies
Article 12: Warranties
Article 13: Liability
Article 14: Intellectual property
Article 15: Miscellaneous
Article 1: PREAMBLE
DANIEL GERARD JOAILLIERS is an authorized distributor of the leading brands of Haute WATCHMAKING and Haute Joaillerie :
DANIEL GERARD is keen to better meet its customers' expectations, and has decided to set up a distance-selling network for some of its products via the Internet, alongside its boutique.
In order to guarantee its customers an optimum level of service, DANIEL GERARD JOAILLIERS has decided to offer certain defined brands the possibility of purchasing some of their products online.
The list of products and brands offered through distance selling can be consulted on the www.danielgerard.lu website.
Brands that have not given their consent in the context of distance selling are only present for presentation and promotion of their products.
The system thus set up, which assumes an active approach on the part of the customer, complies in all respects with the requirements of distance selling and, in particular, with articles L. 111-1, L.113-3 and L. 121-16 et seq. of the French Consumer Code.
Use of the distance selling process described in these general terms and conditions of sale is reserved solely 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 meanings given to them hereinafter:
Customer or Consumer: refers to any natural person, at least eighteen (18) years of age, wishing to purchase Products or create a Gift List on the Site and acting for purposes that do not fall within the scope of his or her commercial, industrial, artisanal or liberal activity.
Order: refers to any purchase of a Product on the Site, whether or not the Customer has created an Account.
Account: refers to the Customer's privateAREA , accessible via the Identifiers and created with a view to 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 Customer may cancel his/her Order by sending DANIEL GERARD JOAILLIERS the Withdrawal Form.
Donor: refers to the person or persons who participate in the Gift List by making donations.
Personal data: refers to the information communicated by the Customer when placing an Order (in particular name, postal address, telephone number, e-mail address) and/or when creating an Account, including personal data within the meaning of French law no. 78-17 of January 6, 1978, which is sent, stored or processed via the Website.
Withdrawal Form: means the form to be completed by the Customer for any request for exchange or refund of his/her order and to be returned to DANIEL GERARD JOAILLIERS within the time limits set forth in these General Terms and Conditions of Sale. The form is accessible via the Customer's danielgerard.lu account by clicking on My Orders.
Identifiers: designate the Customer's own identifier and the connection password indicated by the Customer when creating an Account on the Site in order to place an Order.
Delivery: means the day on which the Customer 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): refers individually to DANIEL GERARD JOAILLIERS or the Customer and collectively to both.
Product: designates any product that may be the subject of an Order. Notwithstanding all the care taken with the visuals, the Customer must refer to the product description for detailed characteristics.
Site: refers to the www.danielgerard.lu website
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 rules applicable to any Order placed for Delivery in the Territory.
Article 4: DURATION-ENTRY IN EFFECT
The Contract comes into force at the time of the Order and is concluded for the duration of the performance of the obligations hereunder and of the supply of the Product by DANIEL GERARD JOAILLIERS.
Article 5: PRODUCT INFORMATION
Information on all the Products bearing the various trademarks offered for distance selling is available with their references, in the DANIEL GERARD ARD jewelry store in Luxembourg, as well as on the Website.
Article 6: ORDERING
6.1 GENERAL PROVISIONS
Orders will be placed via the Internet on the Site.
The Customer may choose to create an Account or to opt for rapid payment of his Order.
Whichever option is chosen, the Customer is informed that Data must be entered, some of which are compulsory and others optional. Some of the information requested is mandatory and is indicated by an asterisk. If the customer chooses not to provide this information, DANIEL GERARD AILLIERS will not be able to process the request. Under no circumstances will DANIEL GERARD collect visitors' e-mail addresses without their express consent.
Orders will be placed in French.
6.2 CONNECTING TO THE SITE
The Customer acknowledges that he/she will be responsible for any telecommunication costs incurred when accessing the Internet and using the Site.
The Customer acknowledges that differences in the capacity of the various networks and sub-networks of the Internet, as well as the influx of connections at certain times, may lengthen the time required for the transmission and exchange of information.
DANIEL GERARD AILLIERS does not guarantee the uninterrupted operation of its Site and cannot therefore be held responsible for the unavailability or malfunctioning of its online services, particularly in the event of breakdowns, maintenance operations or updates.
DANIEL GERARD JOAILLIERS does not guarantee the use of the online service on all browsers, computer equipment and software configurations.
DANIEL GERARD AILLIERS shall not 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 thereof, in particular on their personal, professional or commercial activity, or for any loss of any kind (personal, physical, material, financial or other) arising from consultation or use of the Site.
Under no circumstances shall DANIEL GERARD JOAILLIERS be held liable if the Site is unavailable for any reason whatsoever.
In the event of prolonged inactivity while logged in, the selection of Products chosen prior to this inactivity may no longer be guaranteed. The Customer will be invited to restart the Order process from the beginning.
6.3 CREATING AN ACCOUNT
An Account is created by the Customer registering online in the "My Order > Login" section at https://danielgerard.lu in order to place an Order.
For the purposes of registration, the Customer undertakes to provide accurate information and an e-mail address to which any information may be sent by DANIEL GERARD JOAILLIERS.
Once registration has been completed and the information entered has been verified and validated by the Customer for the purpose of creating an Account, the Customer will promptly receive confirmation of the creation of his/her Account at the e-mail address previously entered during registration.
Thereafter, the Customer will be able to connect to his Account by entering his Identifiers, and subsequently carry out all his Orders.
In the event of loss of Identifiers, the Customer may contact DANIEL GERARD AILLIERS via the "My Account" section in order to reconnect to his/her Account in accordance with the applicable Customer identity verification procedure.
6.4 ORDERING PROCESS
All the steps required to place an Order will be specified on the Site during the Order process and must each be expressly validated by the Customer.
If the Customer fails to validate one of these steps, he will not be able to finalize his Order.
The Order process includes the following steps:
- 1/ Choosing the Product: the Customer chooses the Product on the Site that he/she wishes to commander and validates his/her choice by adding the Product to the shopping basket.
- 2/ Creating a Customer Account: the Customer must provide all the information required to create an Account in order to complete an Order.
- 3/ Acceptance of the Contract: after choosing a Product, the Customer will read and accept the Contract reproduced in full.
- 4/ Delivery and method of payment: the Customer will then enter the delivery address and method of delivery, and will be informed of the delivery time and cost of the Product. The Customer will also be informed of the methods of payment and will choose the one that suits him/her best.
- 5/ The basket: the basket will contain the characteristics of the Product, its price, the time and cost of delivery of the Product, the conditions and time limit for the Customer's retraction and the chosen method of payment. The Customer must check the details of his Order, and may modify or correct the contents of his basket.
- 6/ Final validation of the Order: once the contents of the shopping basket have been confirmed, the Customer will validate the Order and the payment obligation by clicking on the "Order with payment obligation" button.
- 7/ Payment: the Customer will then pay for the Order according to the chosen method of payment.
- 8/ Order confirmation e-mail: once the Customer has paid for his/her Order, he/she will receive an e-mail confirming his/her Order at the e-mail address provided in step 2.
6.5 PAYMENT
The Customer may pay for his Order in the following ways.
In the event that, for any reason whatsoever (opposition, refusal by the issuing center, etc.), it proves impossible to debit the sums due by the Customer, the Order process will be cancelled.
DANIEL GERARD AILLIERS shall not be held liable for any cancellation or refusal of an Order in the event that the bank details provided at the time of the Order do not allow payment to be made.
6.5.1 PAYMENT BY CREDIT CARD - available soon -
Orders can be paid for by credit card.
For payment by credit card, the following cards are accepted: CB, Visa, Eurocard/Mastercard, American Express issued on bank accounts domiciled in the Grand Duchy of Luxembourg, by bank transfer to DANIEL GERARD JOAILLIERS.
The Customer's credit card is debited when the Order is placed.
To this end, when placing an Order, the Customer guarantees DANIEL GERARD JOAILLIERS that he/she is the holder of the bank card and that the name appearing on the bank card to be debited is his/her own, and then communicates all requested bank details in a secure environment on the Internet.
In order to guarantee the confidentiality and security of bank details, checks are carried out online with the relevant banking establishments and organizations, and via the "3D Secure" payment platform.
This payment platform will be responsible for storing and automatically processing information relating to each Order, including bank details, in a secure environment.
In addition, information relating to Orders is subject to automated data processing.
Failure to transmit data relating to an Order prevents the corresponding transaction from being carried out and analyzed.
The occurrence of an unpaid invoice due to fraudulent use of a bank card will result in the registration of the details relating to the order associated with this unpaid invoice in a payment incident file implemented by the Six Payment Services payment platform.
An irregular declaration or anomaly may also be subject to specific processing.
6.5.2 PAYMENT VIA THE PAYPAL WEBSITE
Orders can also be paid for via the Paypal payment site (credit card or Paypal account).
DANIEL GERARD AILLIERS uses the Paypal payment and security service.
DANIEL GERARD AILLIERS does not have access to confidential data relating to payment methods, which are 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 may be made by bank transfer. The bank details of 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 RUE ALDRINGEN - ROYAL HAMILIUS L-1118 LUXEMBOURG. VAT: LU50306663. Tel : +352 2 451 30 55.
Article 7: DEFINITIVE ORDER CONCLUSION
7.1 PRINCIPLES
The Order will be considered definitive once DANIEL GERARD AILLIERS has sent the Customer a confirmation e-mail.
DANIEL GERARD JOAILLIERS reserves ownership of the Product delivered until full payment of the price in principal and interest.
Payment is made upon actual receipt of the price. In the event of non-payment in full or in part, DANIEL GERARD AILLIERS may, without prior notice, reclaim any Product delivered by DANIEL GERARD JOAILLIERS to the Customer.
The Order confirmation e-mail will contain the following information:
- The Product chosen, its characteristics and price,
- Payment made and corresponding invoice,
- Product delivery time and delivery price,
- The conditions and time limit for withdrawing from the Order,
- The Contract including the withdrawal form.
7.2 REFUSAL OF ORDERS
The existence of a dispute between DANIEL GERARD JOAILLIERS and a Customer 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 DANIEL GERARD to refuse to confirm and finalise the Order.
The usurpation of the identity of a third party or the presentation of the Customer in a false capacity also constitutes a legitimate reason within the meaning of Article L 122-1 of the French Consumer Code.
7.3 PRICING
The prices displayed on the Site are expressed in euros, inclusive of all taxes, and include any applicable discounts for promotional offers.
They do not include postage and packing costs, which are specified during the Order process and recapitulated in the shopping basket before final confirmation of the Order.
The price of the Product and the cost of Delivery will be recapitulated by DANIEL GERARD JOAILLIERS in the Order confirmation e-mail sent to the Customer after final validation of the Order and payment.
Article 8: PERFORMANCE OF ORDER
8.1 Free gift package
As soon as we receive your order, our team will prepare it with the utmost care. Your jewels and watches will be sent to you in a magnificent jewel box, itself wrapped in a sumptuous gift package.
8.2 DELIVERY
Terms of delivery
The Products will be delivered to the address provided when the Order is placed.
The Product will be delivered to the delivery address provided by the Customer during the Order process and located in the French Territory. DANIEL GERARD JOAILLIERS will deliver the Product either by express delivery or by parcel post. DANIEL GERARD JOAILLIERS shall bear the consequences of loss or damage to the Product until Delivery to the Customer.
Products are sent by declared value with DANIEL GERARD JOAILLIERS' current partner: La Poste.
This service provides the sender with supervised routing, delivery of shipments against the signature of the addressee (or his authorized representative) and reimbursement of the value of the contents declared at the time of deposit in the event of loss, spoliation or damage (within the maximum authorized declaration limit) www.laposte.net.
Thanks to the delivery tracking service offered by La Poste, customers can follow the progress of their order in real time by entering their delivery number.
The delivery time is that indicated in the Order summary.
In the event that DANIEL GERARD does not deliver the Product within the Delivery Time indicated, the Customer may instruct DANIEL GERARD AILLIERS by registered letter with acknowledgement of receipt to comply within a further period of 14 days from receipt of the letter.
Should DANIEL GERARD fail to complete the Delivery within the additional period granted by the Customer, the Customer may cancel the Order by sending DANIEL GERARD ARD JOAILLIERS a registered letter with acknowledgement of receipt.
The Order shall be deemed cancelled upon receipt of the letter by DANIEL GERARD JOAILLIERS if delivery has not taken place between dispatch and receipt of this letter.
The Customer shall not be obliged to send DANIEL GERARD JOAILLIERS a letter requesting delivery within an additional period when the Delivery Time constitutes an essential condition resulting from the characteristics of the Order within the meaning of Article L 138-2 of the French Consumer Code, of which the Customer has informed DANIEL GERARD JOAILLIERS during the Order process.
DANIEL GERARD AILLIERS will then reimburse the Customer for all sums paid, at the latest within fourteen (14) days of the date on which the Order was cancelled. In the event of delay in reimbursing the sums paid, the Customer shall be liable to the surcharges provided for in Article L 138-3 of the French 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 given at the time of the Order.
8.3 DELIVERY RATES
FREE SHIPPING in France, Luxembourg and Belgium!
Collection by appointment from our boutique in Luxembourg City:
6 RUE ALDRINGEN - ROYAL HAMILIUS L-1118 LUXEMBOURG. VAT: LU50306663. Tel : +352 2 451 30 55.
Contact us on +352 2 451 30 55 or contact@danielgerard.lu for more information.
DELIVERY in the rest of the world by DHL.
8.4 RIGHT OF WITHDRAWAL
DANIEL GERARD JOAILLIERS informs the Customer of his/her right and conditions of withdrawal during the Order process.
The Order confirmation e-mail contains the link to these General Terms and Conditions of Sale and the Cancellation Form enabling the Customer to exercise his rights.
The Customer may not exercise his right of withdrawal in the event of an Order for a Product made to his specifications and highly personalized.
The Customer has a period of fourteen (14) clear days in which to exercise his right of withdrawal from the date of Delivery of the Product. If the Order involves the delivery of more than one Product, the Customer's withdrawal period shall run from the last Delivery.
The exercise of the right of withdrawal is subject to the Customer sending DANIEL GERARD JOAILLIERS the Withdrawal Form before the expiry of the period of fourteen (14) days following delivery of the order.
The Customer may send the Form to DANIEL GERARD JOAILLIERS by registered letter with acknowledgement of receipt before the expiry of the fourteen (14) day period following delivery of the order.
When the withdrawal request is sent via the Site, DANIEL GERARD will send an acknowledgement of receipt of the request by e-mail to the Customer at the e-mail address provided by the Customer.
In the event of a dispute concerning the date or the Customer's right of withdrawal, the Customer shall be responsible for proving that he has exercised his right.
The Product must be returned by the Customer, at his/her own 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 which have been damaged or soiled by the Customer will not be accepted for return.
In the event of retraction, DANIEL GERARD AILLIERS will reimburse the Customer for all sums paid, and delivery costs, with the exception of return costs, no later than fourteen (14) days following the date on which the right of retraction was exercised, it being specified that compliance with this deadline is subject to the effective recovery of the Product by DANIEL GERARD JOAILLIERS.
DANIEL GERARD JOAILLIERS will not be liable to reimburse the Customer for delivery costs where the Customer has chosen a more expensive delivery method than the standard delivery method.
In the event of delay in reimbursing the sums paid and the delivery charges paid by the Customer, the Customer will apply the surcharges provided for in article L 121-21-4 of the French 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 given at the time of the Order.
8.5 PRODUCT CONFORMITY
If the Product delivered is defective, damaged or does not correspond to the Order, DANIEL GERARD AILLIERS undertakes, at the Customer's option, to reimburse the Customer or to exchange the Product.
DANIEL GERARD AILLIERS will reimburse the cost of the Customer's return as soon as possible and no later than thirty days following receipt of the return.
The sums will be reimbursed, either by crediting the bank account used for the Order, or by sending a cheque to the billing address given at the time of the Order.
8.6 PRODUCT QUALITY
The jewels we distribute are selected with the utmost care. The master craftsman's hallmark identifies the jeweler's work and the origin of a piece. The DANIEL GERARD JOAILLIERS hallmark reflects the very essence of Daniel GERARD JOAILLIERS.
8.7 PRODUCT EXCHANGE
DANIEL GERARD JOAILLIERS wishes to offer its customers the possibility of exchanging items delivered that have not been personalized or engraved under the conditions described below.
The Customer may, at his option, within thirty (30) days of the Delivery Date :
- or exchange it remotely. In this case, the Customer may contact DANIEL GERARD JOAILLIERS and, after agreement, may return the Product delivered, in its original packaging, complete (accessories, instructions, etc.) and accompanied by the carefully completed returns form and a copy of the invoice, to the following address: DANIEL GERARD JOAILLIERS -6 RUE ALDRINGEN - ROYAL HAMILIUS L-1118 LUXEMBOURG.
The Customer must return the Product by registered post with acknowledgement of receipt, or by any other means giving a date certain, the cost of return being borne by the Customer. Any new delivery may only be made once DANIEL GERARD JOAILLIERS has received the Product returned by the customer.
- Or go to the boutique DANIEL GERARD JOAILLIERS 6 RUE ALDRINGEN - ROYAL HAMILIUS L-1118 LUXEMBOURG with the Product delivered in its original packaging, complete (accessories, instructions...) and accompanied by a copy of the invoice in order to proceed with the exchange.
Whatever the option chosen, Products returned incomplete, damaged, deteriorated or soiled by the Customer will not be exchangeable.
In the event of a Product exchange, the original Order will be cancelled.
Payment for the new Order will be made by offsetting the amount of the previous Order, it being understood that any excess amount will either be the subject of a credit note in favour of the Customer, or of a re-credit to the Customer's bank card or to the Customer's bank account, provided that the Customer resumes contact with the DANIEL GERARD JOAILLIERS team.
In the event of an exchange of Products, the new Order will be subject to the Contract.
8.8 SATISFIED OR REFUNDED
Your satisfaction is our top priority. If, however, you are not completely satisfied with your order on our website www.danielgerard.lu, we undertake to exchange or refund your purchases as soon as possible.
You wish to request an exchange:
You have 30 days from receipt of your order to make your exchange request. You are only responsible for the shipping costs. Your request must be made using the withdrawal form available on your danielgerard.lu/My orders account.
Your order can only be exchanged once.
Upon receipt of 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 credit voucher valid for 1 year from the date of issue in our e-boutique danielgerard.lu.
You opt for a refund claim
You have 14 days from receipt of your order to make your request for reimbursement. You will only be responsible for the shipping costs of the parcel. Your request must be made using the retraction form available on your danielgerard.lu/My orders account.
As soon as our danielgerard.lu team receives your parcel, we will process your refund request as quickly as possible.
If you have any questions prior to submitting your claim, please contact us on: +352 2 451 30 55 or by e-mail at contact@danielgerard.lu and we will tell you how to proceed.
You can also consult our General Terms and Conditions again.
Article 9: SPECIFIC PROVISIONS FOR ON-SITE GIFT LISTS
9.1 OPENING THE GIFT LIST
9.1.1 CREATING A "GIFT LIST" ACCOUNT
DANIEL GERARD AILLIERS offers those who wish to do so the possibility of opening a "Gift List" account on its Site and/or in its store, enabling them to submit a Gift List.
The Customer may create the "gift list" account in a DANIEL GERARD JOAILLIERS store. In this case, the Customer will be given the Contract to sign before creating the "gift list" account.
The Customer 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 Customer must expressly accept the Contract, reproduced in full on the Site, in order to validate the creation of his account.
If the Contract is not validated, the Customer will not be able to finalize the creation of a "gift list" account.
The "Gift List" account holder certifies that the information provided to DANIEL GERARD JOAILLIERS is accurate and agrees to immediately notify DANIEL DANIEL GERARD JOAILLIERS of any changes.
9.1.2 SUBMITTING THE GIFT LIST
The Gift List can be consulted 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 either the DANIEL GERARD JOAILLIERS store or the Cardholder, who remains free to purchase any Product that is part of the DANIEL GERARD JOAILLIERS offer and available at the time of purchase.
The allocation of donations to these Products is indicative only, and in no way binds DANIEL GERARD AILLIERS, the Donors or the List Holder. The Products are not reserved at the time of payment by the Donors.
The availability and price of Products will be those applicable on the day of their effective purchase and withdrawal by the Cardholder.
9.2 GIFT LIST OPERATION
The "Gift list" account is made up of the value of payments made to the list by Donors.
Donor payments are free contributions.
Gifts and participations offered on the list are deemed to belong to the "Gift List" Account Holder.
Under no circumstances may the Holder be reimbursed for sums paid by Donors.
The Account Holder is informed of donations made to the Gift List by e-mail to the address provided when the "Gift List" account was created.
The indication of a wish for Products on the Gift List does not trigger an Order.
The Customer may commander the definitively selected Products by contacting DANIEL GERARD JOAILLIERS at the following address https://danielgerard.lu/liste or by visiting the DANIEL GERARD JOAILLIERS store in Luxembourg.
In the event of a discrepancy between the Product chosen and the actual amount financed by the Donors, the Cardholder undertakes to pay the outstanding amount within one month of the closure of the Gift List.
The Cardholder acknowledges that the cost of delivery of the Products ordered shall be borne by the Cardholder.
The Account Holder will be able to consult the amounts paid by Donors to his/her "gift list" account, as well as the balance of his/her account in the event of a purchase of Products.
Article 10: COMPLIANCE WITH THE LAW
The Customer shall not impersonate any third party or misrepresent himself or herself. The Customer must be of legal age, ordinarily resident in the French Territory, have the legal capacity to place an Order and be the holder of a bank card as defined in article 6.5 hereof.
Should a Customer or any third party become aware of non-compliance with the aforementioned provisions, the latter shall inform the Site managers by means of the form accessible at https://danielgerard.lu/contacts.
Article 11: PERSONAL DATA
11.1 PROCESSING OF PERSONAL DATA
The terms "personal data", "process/processing", "data controller" and "data processor" have the same meaning as given to them by law no. 78-17 of January 6, 1978, by directive no. 95/46/EC of October 24, 1995, and by any applicable European regulations, hereinafter referred to as "the Regulations".
DANIEL GERARD JOAILLIERS has set up an electronic file containing personal data relating to its customers. When a new Customer places an Order on the www.danielgerard.lu site, this database will be enriched with information concerning the Customer, which will subsequently enable us to better respond to the Customer's expectations and facilitate assistance services.
The Data collected when an Order is placed is kept confidential and is used for the purposes of processing Orders, sending promotional offers or information if the Customer has accepted this possibility.
In accordance with the Regulations, any Customer may obtain communication and, if necessary, rectification or deletion of information concerning him by contacting DANIEL GERARD JOAILLIERS :
- By e-mail: contact@danielgerard.lu
- By post: DANIEL GERARD JOAILLIERS - 6 RUE ALDRINGEN - ROYAL HAMILIUS L-1118 LUXEMBOURG.
Depending on the choices made when creating or consulting their Accounts, Customers may choose whether they wish to receive offers from DANIEL GERARD JOAILLIERS, or to be informed of particular operations by e-mail. If a customer no longer wishes to receive these offers, he/she may request to do so at any time by clicking on an electronic link available in the relevant e-mails, or by modifying his/her account directly on the www.danielgerard.lu website.
11.2 COOKIES
The Site does not use advertising cookies requiring prior information and consent from the Customer.
The only cookies implemented by DANIEL GERARD JOAILLIERS are those strictly limited to the use and supply of the Site and relating in particular to the constitution of the basket during the Order process or when the Customer connects to his Account using his Identifiers.
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 French Consumer Code.
Article 13: LIABILITY
DANIEL GERARD AILLIERS may not be held liable for non-performance, failure or delay in the performance of any of its obligations due to the occurrence of a case of force majeure, as usually recognized by jurisprudence or as reasonably uncontrollable by DANIEL GERARD JOAILLIERS, such as, in particular, export bans resulting from a government decision, sectoral or national industrial action, transport blockages of any kind, breakdowns, computer outages of the Site, bad weather....
DANIEL GERARD AILLIERS will inform the customer of any such fortuitous event or case of force majeure within seven (7) days of its occurrence. Should this suspension continue beyond a period of fifteen days, the Customer will then have the option of cancelling the Order in progress, in which case the Customer will be reimbursed in accordance with the conditions set out in article 8.1 hereof.
Article 14: INTELLECTUAL PROPERTY
The content of the Site and in particular the articles, brands, logos or images are the property of DANIEL GERARD JOAILLIERS or their owners and are the subject of an authorization of use to the benefit of DANIEL GERARD JOAILLIERS.
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 JOAILLIERS or the holders of the rights.
Similarly, the following are strictly prohibited without the express prior written consent of DANIL GERARD JOAILLIERS
- the creation of hypertext links to any of the pages or elements making up the Site;
- any use that does not comply with the present Site use license and in particular, use of any
any of its component parts (items presented, descriptions, prices, data, software, graphics, images, texts, photographs, tools, etc.) for sale or any other direct or indirect commercial use.
Article 15: MISCELLANEOUS
15.1 APPLICABLE GENERAL CONDITIONS
The Contract applicable to the Customer is the one available on the Site at the date of the Order.
In the event that new general terms and conditions of sale come into force or change, the new terms and conditions will only apply to Customers who have placed an Order on the date they come into force.
15.2 PROOF AGREEMENT
Unless otherwise expressly stipulated herein, the Parties hereby declare that they agree to exchange the information required to perform the services which are the subject of the Contract by means of exchanges and e-mails to the addresses previously indicated at the time of the Order, in accordance with articles 1369-1 to 1369-5 of the French Civil Code.
The Parties expressly declare that electronic mails and dispatches will have the value of written proof between them and waive the right to require any confirmation by letter.
15.3 ASSIGNMENT - SUBCONTRACTING
DANIEL GERARD AILLIERS 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 Site may provide hypertext links to websites published and/or managed by third parties.
The Customer expressly acknowledges that DANIEL GERARD assumes no responsibility for the availability of these resources, and cannot be held liable for their content.
15.5 CONTACTS
For any information, claim or question relating to the Contract, Customers 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 CONTRACT
The Contract contains all the obligations of the Parties.
The provisions of the Contract 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 NON-WAIVER
The fact that one of the Parties has not demanded the application of any clause of the Contract, whether on a permanent or temporary basis, shall in no way be considered as a waiver of that Party's rights arising from the said clause, the non-application of which has been tolerated.
15.8 STIPULATIONS
If one or more stipulations of the Contract are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, they will be deemed unwritten; the other stipulations will retain all their force and scope.
15.9 CONTRACT ARTICLE TITLES
The headings of the articles of the Contract are inserted for ease of reference only and may not be used to give an interpretation of these articles or to affect their meaning. Therefore, in the event of any difficulty of interpretation between any of the headings and any of the clauses constituting the Contract, the headings will be declared non-existent.
15.10 APPLICABLE LAW
The Contract is governed by Luxembourg law. Any difficulties relating to the application or interpretation of the Contract binding the Parties shall be submitted, failing conciliation, to the competent courts of the Grand Duchy of Luxembourg.