TERMS OF SALES

1.INTRODUCTION  

The general terms and conditions of sale outlined below (hereinafter referred to as the "Terms and Conditions"), exclusively govern the contractual relationship between the company, GB COLLECTIONS SARL, a corporation with equity of €7 000, whose registered office is 45 Ter rue des Acacias, 75017 Paris France, and which is registered with the Paris Trade and Companies Registry under registration number 802 440 370, represented by Miss Gloria Binoche as the owner.

Hereinafter « GB COLLECTIONS » or « we »,

And

Any consumer customer of the daiva-collections.com Website (The « Website »).

Hereinafter referred to as a "Customer" or "you",

These TOS are intended to define the general conditions of sale and the conditions of distance sale/online selling between GB COLLECTIONS and the Customer of orders, and the conditions governing the payment and delivery that will be carried out.

These are the only terms and conditions applicable between the Customer and GB COLLECTIONS. They replace all other terms and conditions, except in the case of express prior written consent.

GB COLLECTIONS may occasionally amend certain provisions in their Terms and Conditions. It is thereby necessary that these terms and conditions are read each time you place an order through the Website. These amendments take effect once posted online and cannot be applied to previous orders. Each order placed through the Website is governed by the Terms and Conditions applicable on the date of such an order. We maintain that by confirming your order after having read the terms and conditions, you unreservedly accept these terms and conditions. As a result, the Customer is fully aware that its agreement on the content of these conditions does not require the signature of this document, to the extent that the Customer's "double click" on the purchase order constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.

These general terms and conditions of sale are subject to French law. This is for the substantive rules as to the formal rules.

 

2.PRODUCT

Products offered for sale by GB COLLECTIONS are those that appear on the Website on the day the Customer consults the Website.

Products are described and presented with the utmost accuracy possible. Nevertheless, if errors or omissions regarding their presentation should occur, GB COLLECTIONS cannot be held responsible for them.

All descriptions and photographs on this site are intended to be a fair representation of the product for sale and are only indicative. These photographs and texts illustrating the products on offer are not contractually binding.

Due to its suppliers, GB COLLECTIONS may be obliged to deliver an item whose manufacture may be slightly different from the one described, but which will always be in accordance with our quality requirements.

 

3.VALIDITY OF THE OFFER

Our articles and prices are available according to the stock quantity left.

In the event of unavailability of the ordered product, the Customer will be notified as soon as possible and will be able to cancel the order.

The Customer may then decide to request either a refund of amounts paid within 30 days at the latest of their payment, or exchange the product.

Our offers only aim consumers who have a delivery address in countries where GB COLLECTIONS provides delivery via a transport provider.

 

4.PRICE

Prices are quoted in Euros (€) and are valid only at the date of dispatch of the purchase order by the Customer.

They do not take into account expenses of delivery and packaging, charged in supplement, and indicated before the validation of the order. The prices include the VAT applicable on the date of ordering and any change in the VAT rate will be automatically applied in the prices of the product of the online shop.

Likewise, the displayed prices do not take into account any possible customs fees which are to be paid by the recipient Customer.

The payment of full price must be realized during the order. The sums paid can never be considered to be deposits or part payments. 

We reserve the right to change our prices at any time but we will honour the prices indicated on the Website at the time your order was placed.

We would like to inform you that if an obviously incorrect price appears on our Website (a price that is clearly too low), for whatever reason (computer glitch, manual error, technical error, etc.), the order – even if initially confirmed by us – will be cancelled, and you will be notified of this as soon as possible. You can re-order your item(s), if you wish, at the correct and accurate price.

In accordance with article L121-19 of the Consumer code, the Customer shall receive, on reception, for each product, the written confirmation on an invoice of the price paid and detailing the price of the products and the delivery fees payable by him.

 

5.PAYMENT

5.1  Payment Methods

GB COLLECTIONS offers several payment methods: 
1. Payment by credit card (CB, Visa or MasterCard): The card is debited once you confirm your order.
2. Payment by PayPal

In accordance with the provisions of article L.132-2 of the Monetary and Financial Code, the commitment to pay given by credit card is irrevocable. By providing information related to its credit card, the Customer authorises GB COLLECTIONS to debit his credit card of the amount corresponding to the price of the order placed. Should debiting of the price of the order not be possible, the online payment will immediately and automatically be cancelled and the order will consequently be cancelled too.

The validation of the order by providing the numbers of the credit card and the expiration date is a mandate to pay the price of said order.

The Customer warrants to the company GB COLLECTIONS that he has the necessary authorizations to use the chosen payment method, during the validation of the order form.

The minimum amount for payment by credit card is 30€.

 

5.2  Payment Security

In line with our commitment to secure payments, all online payments by bank or credit card are made via the SSL (Secure Socket Layer) security system, which encrypts your banking information during the transmission.

We also wish to inform you that GB COLLECTIONS verifies the accuracy of the information you provide when placing an order. This is part of our commitment to fight against fraudulent payment on the Internet and to thereby protect all consumers. In certain cases, our fraud prevention service may therefore ask you for additional information (such as: copy of ID, proof of address, etc.) to confirm your purchase and to ship your package.

GB COLLECTIONS reserves the right to cancel or refuse any order from a customer with whom there is a current or past dispute over payment of an order.

 

6.ORDER CONFIRMATION

Contractual information will be confirmed by e-mail no later than the time of delivery or otherwise, to the address given by the Customer within the purchase order.

The invoice is sent to the e-mail address indicated on the order. It is established in accordance with the current tariffs from the day of ordering. GB COLLECTIONS assumes no responsibility for errors or omissions.

 

7.DELIVERY

For any order of €180 or more, Daïva Collections offers free Colissimo shipping (in Metropolitan France).
You won’t need to enter any special codes; the shipping fee will automatically show as €0 when you place your order.

Orders placed between Monday and midnight on Thursday will ship within 24 hours, except in unusual circumstances, in which case you will be notified. We do not dispatch shipments on Saturdays, so any orders placed between 11AM Friday and Sunday will ship on Monday.

7.1  Delivery Period

When the item is displayed on the Website as in stock, the delivery date is determined by the sum of the following two factors: 
1. Shipping period (24 hours): verification, once payment is made, that the information entered by the Customer is accurate + preparing your order and package pick-up by the carrier
2. Delivery period for your package, based on the carrier chosen for delivery from the Website.

Delivery times are communicated for informational purpose only, they depend on the availability of carriers,  arrival of the orders and available stocks.

GB COLLECTIONS strives to meet the delivery terms, which are indicated at the acceptance of the order, except in case of force majeure or exceptional circumstances, such as strikes, frost, fire, storm, flood, without this list is being limiting.

A delay in delivery cannot under any circumstances justify cancellation of the order, nor can it give rise to penalties or compensation of any kind.

7.2  Delivery Methods & Fees

You have a choice between two delivery methods :

1. COLISSIMO 

In Metropolitan France and Corsica
Delivery time : 48 to 72 hours
For orders of less than €180 = €6
For orders of €180 or more = Free

In French overseas departments and territories 
Delivery time : 5 to 7 working days
Cost : €22

2. UPS STANDARD & UPS EXPRESS

In the rest of the word 

Delivery time : 1 to 7 working days
Cost varies by country, type of delivery and shipment weight.
Zone 1 - Germany, Luxembourg, Netherlands, Belgium 
Zone 2 – Great-Britain, Italy, Spain, Switzerland, Ireland, Portugal, Austria 
Zone 3 - Hungary,Denmark, Poland, Slovakia, Slovenia, Estonia, Lettonia, Lituania, Czech Republic 
Zone 4 – Greece, Iceland, Finland, Norway, Sweden, Turkey, North Africa, Other Eastern European countries 
Zone 5 - USA, Canada, China, Australia, Japan, Hong Kong, Singapour, South Korea, Thailand, Taïwan, Vietnam, India, Russia, Israël 
Zone 6  - Africa (Excepted Maghreb), Middle East, Americas (Excepted United States & Canada), other Asian countries, Oceania (Excepted Australia) 

3. CHRONOPOST - EXPRESS DELIVERY

In Metropolitan France and Corsica :
Delivery time : Orders placed by 11AM will be received by 1 PM CET the following day. Orders placed after 11AM will be received by 1 PM CET two days later.
Cost : according to shipment weight

3. COURIER - DELIVERY IN 4 HOURS

ONLY FOR PARIS
Delivery 4 hours after you pass your order, if the order is passed before noon.
Price : 20€

The Customer is committed to giving the Website an address at which the delivery can normally be made during business hours.We do not accept any responsibility in the event of delay or non-delivery for reasons due to an incorrect or incomplete address, and the Customer will pay the delivery costs of sending back the corresponding order.

7.3  Delivery

Upon receipt of your order, we recommend that you check for damages and ensure that the items delivered match your initial order and, if applicable and when possible, indicate any discrepancy in the order on the delivery slip in the discrepancy section along with your signature. These discrepancies must be sent to us within 48h by e-mail at contact@daiva-collections.com

 

9.PRODUCT WARRANTIES

All the products described on the Website and provided by GB COLLECTIONS benefit from the legal warranty of conformity in accordance with the provisions of articles L.211-4 à L.211.14 of the Consumer code and of the legal warranty of the latent defect provided in article 1641 to 1649 of the Civil code as referred below.

In the case of delivery of a non-compliant product or if a delivered product reveals a latent defect, GB COLLECTIONS shall refund the Customer the price of the product, exchange the product for another identical one in the limit of availability of stocks, or exchange for a product of equivalent quality and price in the limit of availability of stocks.

Products offered are in compliance with French legislation and to the applicable norms in force. GB COLLECTIONS shall not be held liable in the case of failure to comply with the applicable legislation of the country where the article is delivered. It is the Customer liability to check with the local authorities the possibilities to import or to use the products that the Purchase contemplates to order.

 

10.DISPUTES AND LIABILITY

GB COLLECTIONS cannot be held liable for any inconvenience or damages in relation to the use of internet in particular due to service disruption, virus, bug, external intrusions and more broadly speaking any case of force majeure or third parties act as defined by the French Courts.

Liability of GB COLLECTIONS shall not in any case be held in the case of non-performance or poor performance of the contractual obligations attributable to the Customer in particular during the registration of the order.

GB COLLECTIONS shall not be held liable, or considered as having failed to the TOS for any delay or non-performance, when the cause of the delay or of the non-performance is due to a force majeure event as defined by French courts' case law in accordance with article 1148 of the Civil code.

Hyperlinks may refer to websites other than the Website daiva-collections.com, the Company declines all liability if these websites contravene to legal or regulatory dispositions in force.

In the event of litigation or of complaint, the Customer will address himself first and foremost to the company  to GB COLLECTIONS to obtain a friendly solution. In the second time and in the event of recourse, the Customer will be able to file a complaint to the Commercial Court of Paris, only qualified.

 

11.PROTECTION OF PERSONAL DATA

Collection of personal data of the Customer is necessary to process the order. This information is strictly confidential and is intended only for the use of GB COLLECTIONS. By registering on the Website, you agree to provide us with genuine and true information about yourself.

In accordance with Law No. 78-17 of January 6, 1978, "Data Protection, Data Files and Individual Liberties", Customers have the right to access, modify, rectify and delete personal data concerning them by sending such a request to GB COLLECTIONS, 11 rue Bosio, 75016 Paris, France, (indicating name, surname, and address). 

GB COLLECTIONS reserves the right to collect information and data about users of its website via the use of cookies.

 

12.INTELLECTUAL PROPERTY

 All content of the Website, namely texts, graphs, logos, icons, images, illustrations, audio and video clips, trademarks, software …  including the underlying technologies used, appearing on the website daiva-collections.com are protected by trademark, copyright and all other intellectual property rights.

Any reproduction or use of any copies for any purpose other than private use is expressly prohibited in accordance with laws governing intellectual property rights.

13.CUSTOMER SERVICE

The Company shall be available for all queries or information:contact@daiva-collections.com

14.LANGUAGE

The present TOS are written in French. The translation of these TOS in English is carried out with the sole purpose of facilitating a larger understanding by users.

In the event of divergence between the French and English texts, the text written in French shall prevail.