General terms and conditions of sale

Article 1 - Scope of application

These General Terms and Conditions of Sale apply, without restriction or reserve, to all sales concluded by the company DUBAIL ("the Vendor") with non-professional buyers ("the Customers"), wishing to acquire the products offered for sale by the Vendor ("the Products") on the Internet site www.dubail.fr.
They specify in particular the conditions of order, payment, delivery and management of possible returns of the Products ordered by the Customers. The Products offered for sale on the website www.dubail.fr are the following: Watches, wedding rings, pendants, bracelets, rings, solitaires, earrings.
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website www.dubail.fr.
The Customer is required to read them before placing an order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The Customer is required to refer to the description of each Product in order to know the properties and the essential characteristics.
Product offers are subject to availability, as specified when the order is placed.
The Seller's contact details are as follows:

DUBAIL (EDILYS SA)
SA with a capital of 2 000 000 €.
Head office : Dubail, 21 place Vendôme, 75001 PARIS
Telephone number : 01 42 61 11 17

The present General Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or by means of other distribution and marketing channels.
These General Conditions of Sale are accessible at any time on the website www.dubail.fr and will prevail, if necessary, over any other version or any other contradictory document.
The Customer declares to have taken knowledge of the present General Conditions of Sale and to have accepted them by checking the box provided for this purpose before the implementation of the procedure of on-line order as well as the general conditions of use of the Internet site www.dubail.fr.

These General Terms and Conditions of Sale may be subject to subsequent changes, the version applicable to the Customer's purchase is the one in force on the website at the date of placing the order.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
In accordance with the French Data Protection Act of January 6, 1978, the Customer has, at any time, the right to access, rectify, and oppose all of his personal data by writing, by mail and providing proof of his identity, to DUBAIL (EDILYS SA) - 21 place Vendôme, 75001 PARIS.
 Validation of the order by the Customer implies acceptance without restriction or reservation of these General Terms and Conditions of Sale.
The Customer acknowledges having the required capacity to contract and acquire the Products offered on the website www.dubail.fr.
In case of order towards a country other than metropolitan France, the Customer is the importer of the concerned Products.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be charged to and are the sole responsibility of the Customer.
In case of sale abroad, it is advisable to inquire about the laws applicable in the countries concerned, to ensure compliance with any constraints they impose and to translate the terms of sale into the appropriate languages.
The modifications of these General Conditions of Sale are opposable to the users of the Internet site www.dubail.fr as from their setting on line and cannot apply to the transactions concluded before.

Article 2- Orders

It is up to the Customer to select on the website www.dubail.fr the Products he/she wishes to order, according to the following modalities:
- Clicking on the add to cart button,
- Consultation of the basket and choice of the delivery method,
- Entering his billing and delivery details,
- Choice of payment method and entry of payment information,
- Confirmation of payment.
The contractual information is presented in French and is confirmed at the latest at the time of validation of the order by the Customer.
The offers of Products are valid as long as they are visible on the site, within the limit of available stocks.
The sale will be considered final only after the confirmation of the acceptance of the order by the Seller by e-mail and after the Seller has received the full price and the full deposit due.
It is the Customer's responsibility to verify the accuracy of the order and to immediately report any error.
Any order placed on the website www.dubail.fr constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer will be informed by e-mail of the evolution of his order.
The Seller does not intend to sell the Products on the website www.dubail.fr to professionals, but only to consumers, for their personal needs.

The Seller endeavors to ensure that the information, product descriptions, dimensions and colors indicated on the Website are accurate and complete. However, the Seller makes no warranty, express or implied, as to the accuracy, reliability and completeness of this information. In particular, the information concerning the weight of the precious materials, the number of stones and the caratage, the dimensions of the products, are provided for information only and may vary slightly given that the jewels are made by hand.
The pictures presented on the Website are retouched.

The Seller, therefore, reserves the right to refuse orders for the same Product in large quantities and comprising more than 10 identical items. The Seller also reserves the right to cancel or refuse any order in case of a price error, especially if the price displayed is very different from the real price, almost derisory.
Any modifications to the order by the Customer shall be taken into account by the Seller only within the limits of its possibilities and provided that they are notified to the Seller in writing, by e-mail or by fax, at least 5 days before the date on which the order is to be shipped.

In the event that such changes cannot be accepted by the Seller, the sums paid by the Customer shall be refunded within a maximum of 30 days from the notification of the impossibility of accepting the changes requested by the Customer (unless the Customer prefers to receive a credit note).

In the event of cancellation of the order by the Customer after its acceptance by the Seller less than 2 days before the date scheduled for the supply of the Products ordered, for any reason whatsoever except the exercise of the right of withdrawal or force majeure, a sum corresponding to 10% of the total amount of the purchase may be acquired by the Seller and invoiced to the Customer, as damages, in compensation for the prejudice thus suffered.

Article 3 - Rates

The Products are supplied at the prices in force appearing on the Internet site www.dubail.fr at the time of the recording of the order by the Salesman. The prices are expressed in Euros including all taxes.
The prices take into account possible reductions which would be granted by the Salesman on the Internet site www.dubail.fr
These prices are firm and non-revisable during their period of validity, as indicated on the website www.dubail.fr, the Seller reserving the right, outside this period of validity, to modify the prices at any time. They do not include the costs of processing, shipping, transportation and delivery, which are charged in addition, under the conditions indicated on the website www.dubail.fr and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is established by the Seller and given to the Customer upon delivery of the ordered Products.

Article 4 - Precious Metals

Our diamonds are sourced from legitimate sources not involved in the financing of armed conflict and in compliance with United Nations resolutions, guaranteed based on knowledge and/or written assurances from my suppliers.
The use of colorless fluids and heating are recognized as traditional lapidary practices in addition to cutting and polishing certain colored stones, as well as bleaching pearls.
Our gems may have been subject to these general beautification practices.
Any other intervention is indicated by the mention "treated".

Article 5 - Terms of payment

The price is payable in full on the day the order is placed by the Customer, by secure payment, by bank cards (Visa, MasterCard, American Express, other credit cards), Paypal.
The payment data is exchanged in encrypted mode using the HTTPS protocol.

5.1 Payment in 2, 3, or 4 installments with Alma

The Seller offers its customers the Alma credit service for the payment of their purchases and the execution of the payment. This is conditioned by the Customer's acceptance of the GTC or of the credit contract proposed by Alma.
Any refusal by Alma to grant credit for an order may result in the cancellation of the order.
Any termination of the GTC between the Customer and the Seller leads to the termination of the GTC or the credit agreement between Alma and the Customer.
Payment in two, three or four instalments is available via our partner Alma. The security of payments is ensured by Alma and its service providers. All payments are protected by 3D Secure.
Purchase amount: Only purchases between €500 and €7,000 are eligible for payment with Alma.
Fees: By paying in several instalments with Alma the Customer does not pay any fees.

Alma is a tele-payment manager and issues an electronic certificate which will be considered as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 and following of the civil code.
Termination: Any termination of the GTC between the Seller and the customer will result in the termination of the GTC between Alma and the customer.

For all Alma claims: https://support.getalma.eu/

5.2 Payment in 10 installments with Alma

Only purchases between €2,500 and €7,000 are eligible for payment in 10 installments with Alma.
When paying in 10 installments with Alma, the Client incurs the following fees:

For orders up to €3,000: 5.5%
For orders between €3,000 and €7,000: 4.76%

The amount is financed by a loan granted by Alma SAS, registered on REGAFI under number 90876. Credit payments are available to settle purchases via our partner Alma, with the payment executed upon signing the credit agreement proposed by Alma. The Seller gives prior consent to the credit agreement concluded between Alma and the client, in accordance with Article L312-46 of the French Consumer Code. If Alma agrees to grant credit to the client, the amount will be financed in accordance with Article L312-45 of the Consumer Code. Any refusal by Alma to grant credit for an order may result in its cancellation unless the client agrees to pay in full. Any termination of the T&Cs binding the Seller and the client will terminate the credit agreement between Alma and the client. In the event of withdrawal, the Client's fees and interest will be refunded in accordance with regulations.

Security: Payment security is ensured by Alma and its service providers. All payments are protected by 3D Secure. Alma acts as the electronic payment manager and issues an electronic certificate that serves as proof of the transaction amount and date, in accordance with Articles 1316 and following of the French Civil Code.

Article 6 - Deliveries

The Products ordered by the Customer will be shipped in Metropolitan France and in European countries within 2 working days from the placing of the order. In addition to this preparation time, there is also the time required for processing and delivery to the address indicated by the Customer when placing the order on the website www.dubail.fr.
The delivery is constituted by the transfer to the Customer of the physical possession or control of the Product.
Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered at once.
The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the time limits specified above. However, these deadlines are communicated as an indication. However, if the ordered Products were not delivered within 30 days after the indicative date of delivery, for any other cause than the force majeure or the fact of the Customer, the sale will be able to be cancelled at the written request of the Customer under the conditions envisaged in the articles L 216-2L 216-3L241-4 of the Code of the consumption.the sums paid by the Customer will be then restored to him at the latest in the fourteen days which follow the date of denunciation of the contract, to the exclusion of any indemnity or retention.

The Seller also offers free delivery to stores in Paris.

The Seller advises to check the Product at the time of its delivery and in case the delivered Product is not in conformity (error of the Product, defective, damaged or incomplete Product), to make written reserves at the latest within five (5) days following this delivery, to the carrier and/or the Seller.

In all cases, the provisions set forth in Article 9 on legal guarantees shall apply. 

For Products reported as non-conforming within five (5) days of delivery, the Seller allows you to exercise your right of withdrawal and obtain a refund of the Product without going through the repair or replacement, as provided by the legal guarantee of conformity.

Article 7 - Transfer of ownership - Transfer of risks

The transfer of ownership of the Seller's Products will take place as soon as the order is accepted by the Seller, materializing the agreement of the parties on the item and on the price, regardless of the date of payment and delivery.

Article 8 - Right of withdrawal

In accordance with the legal provisions in force, the Customer has a period of fourteen days from the receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify his reasons or pay any penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 14 days of the notification to the Seller of the Customer's decision to withdraw.
The returns are to be made in their original state and complete (packaging, accessories, instructions...) allowing their remarketing in new condition, accompanied by the purchase invoice. Products with a protective strip can only be returned if it is not removed or damaged.
Damaged, soiled or incomplete products cannot be returned. Personalized Products (engraving...etc) are not taken back, nor exchanged, nor refunded.
The right of withdrawal can be exercised by email or by post, by returning the withdrawal form available by clicking here, in which case an acknowledgement of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other statement, unambiguous, expressing the desire to withdraw.
In the event that the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs shall be refunded. The return costs are also at the expense of the Seller.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions set out in this article.

Article 9 - Seller's liability - Warranty

The Products sold on the website www.dubail.fr comply with the regulations in force in France and have performances compatible with non-professional uses.
The Products supplied by the Seller benefit by right and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions :

- the legal guarantee of conformity, for the apparently defective, damaged or damaged Products or not corresponding to the order,
- the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use,
under the conditions and according to the methods defined in the appendix to these General Terms of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).

In order to assert his rights, the Customer shall inform the Seller, in writing, of the non-conformity of the Products within a maximum period of 2 years from the delivery of the Products or the existence of hidden defects within a maximum period of 2 years from their discovery.

The Seller will reimburse, replace or repair the Products or parts under warranty that are found to be non-conforming or defective.
Shipping costs will be refunded at the invoiced rate. 

Refunds for Products found to be non-conforming or defective shall be made as soon as possible and no later than 30 days after the Seller has determined that the Product is non-conforming or defective.
Refunds shall be made by crediting the Customer's bank account or by bank check sent to the Customer.
The Seller shall not be held liable in the following cases

- non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check;
- in case of misuse, use for professional purposes, negligence or lack of maintenance by the Customer, as well as in case of normal wear and tear of the Product, accident or force majeure.
The Seller's warranty is, in any case, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.

Article 10 - Data Processing and Liberties

In application of the law 78-17 of January 6, 1978, it is recalled that the personal data which are requested from the Customer are necessary for the treatment of its order and the establishment of the invoices, in particular.
This data can be communicated to the possible partners of the Seller in charge of the execution, the treatment, the management and the payment of the orders.
The processing of information communicated through the website www.dubail.fr has been declared to the CNIL.
The Customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification and opposition with regard to the information concerning him.
This right can be exercised under the conditions and according to the methods defined on the website www.dubail.fr.

You have the possibility of registering free of charge on a BLOCTEL (www.bloctel.gouv.fr) list of opposition to telephone canvassing in order to no longer be canvassed by telephone by a professional with whom you have no current contractual relationship, in accordance with Article L. 223-2 of the Consumer Code.

Any consumer can register for free on this list on the website https://conso.bloctel.fr/index.php/inscription.php.

Article 11 - Data management

The Customer is informed of the regulations concerning marketing communication, the law of 21 June 2014 for confidence in the Digital Economy, the Data Protection Act of 06 August 2004 as well as the General Data Protection Regulation (RGPD: n° 2016-679).

11.1 Persons responsible for the collection of personal data
For the Personal Data collected within the framework of the navigation on the Site, the person in charge of the treatment of the Personal Data is Isabelle Dubail.

As the person in charge of the processing of the data it collects, the site www.dubail.fr undertakes to respect the framework of the legal provisions in force. It is up to him to establish the purposes of its data processing, to provide to its prospects and customers, from the collection of their consents, a complete information on the processing of their personal data and to maintain a register of the processing in conformity with reality.

Each time that https://www.dubail.fr processes Personal Data, https://www.dubail.fr takes all the reasonable measures to ensure the accuracy and the relevance of the Personal Data.

11.2 Purpose of the data collected
www.dubail.fr is likely to process all or part of the data:
- to enable the user to navigate the Site: Site usage data, etc. ;
- to prevent and fight against computer fraud (spamming, hacking...): computer equipment used for navigation, IP address, password;
- to improve navigation on the Site: usage data;
- to conduct optional satisfaction surveys on https://www.dubail.fr: email address;
- to carry out communication campaigns (sms, email): telephone number, email address;
- https://www.dubail.fr does not market personal data which are thus only used by necessity or for statistical and analysis purposes.

11.3 Right of access, rectification and opposition

In accordance with current European regulations, Users of https://www.dubail.fr have the following rights:
- right of access (Article 15 RGPD) and rectification (Article 16 RGPD), update, completeness of Users' data right of blocking or deletion of Users' personal data (Article 17 RGPD), when they are inaccurate, incomplete, equivocal, outdated, or whose collection, use, communication or storage is prohibited.
- right to withdraw consent at any time (Article 13-2c GDPR)
- right to limit the processing of Users' data (article 18 RGPD)
- right to object to the processing of Users' data (Article 21 GDPR)
- the right to portability of the data provided by the Users, when such data are subject to automated processing based on their consent or on a contract (Article 20 GDPR)
- right to define the fate of the data of the Users after their death and to choose to whom https://www.dubail.fr will have to communicate (or not) their data to a third party that they will have previously designated

As soon as https://www.dubail.fr has knowledge of the death of a User and in the absence of instructions of its share, https://www.dubail.fr commits itself destroying its data, except if their conservation proves to be necessary at evidential ends or to answer a legal obligation. If the User wishes to know how https://www.dubail.fr uses his Personal Data, to ask to rectify them or to oppose their treatment, the User can contact https://www.dubail at the following address: contact@dubail.fr

In this case, the User must indicate the Personal Data that he/she would like https://www.dubail.fr to correct, update or delete, identifying himself/herself precisely with a copy of an identity document (identity card or passport). Requests for deletion of Personal Data will be subject to the obligations imposed on https://www.dubail.fr by law, in particular as regards the conservation or archiving of documents. Finally, the Users of https://www.dubail.fr can file a complaint with the control authorities, and in particular with the CNIL (https://www.cnil.fr/fr/plaintes).

11.4 Non-disclosure of personal data

https://www.dubail.fr refrains from processing, hosting or transferring the Information collected on its Customers to a country located outside the European Union or recognized as "non-adequate" by the European Commission without informing the customer in advance. For as much, https://www.dubail.fr remains free of the choice of its technical and commercial subcontractors with the proviso that they present the sufficient guarantees with regard to the requirements of the General Regulation on the Protection of the Data (RGPD: n° 2016-679). https://www.dubail.fr commits itself to take all the necessary precautions in order to preserve the security of the Information and in particular that they are not communicated to unauthorized people. However, if an incident impacting the integrity or confidentiality of the Customer's Information is brought to the attention of https://www.dubail.fr, the latter must inform the Customer as soon as possible and communicate the corrective measures taken. In addition https://www.dubail.fr does not collect any "sensitive data". The Personal Data of the User can be treated by subsidiaries of https://www.dubail.fr and subcontractors (service providers), exclusively in order to achieve the purposes of the present policy. Within the limits of their respective attributions and for the purposes recalled above, the main persons likely to have access to the data of the Users of https://www.dubail.fr are mainly the agents of our customer service.

Article 12 - Intellectual Property

The content of the website www.dubail.fr is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.
In addition, the Vendor shall retain ownership of all intellectual property rights to the photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the request of the Customer) with a view to providing the Services to the Customer. The Customer shall therefore refrain from reproducing or exploiting said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Seller, which may be conditional on a financial consideration.

Article 13 - Applicable law - Language

The present General Terms and Conditions of Sale and the operations resulting from them are governed by and subject to French law.
The original General Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

Article 14 - Disputes

All the disputes to which the operations of purchase and sale concluded in application of the present general conditions of sale could give place, concerning so much their validity, their interpretation, their execution, their cancellation, their consequences and their continuations and which would not have been able to be solved between the salesman and the customer will be subjected to the courts of competent jurisdiction under the conditions of common law.
The Customer is informed that he can in any case resort to a conventional mediation, in particular with the Commission of the mediation of consumption (Article L 612-1 of the Code of the Consumption) or with the existing authorities of sectorial mediation, and whose references appear on the Internet site www.dubail.fr or with any alternative mode of settlement of the disputes (conciliation, for example) in the event of dispute.

Article 15 - Pre-contractual information - Customer acceptance

The Customer acknowledges having been informed, prior to placing the order and concluding the contract, in a legible and comprehensible manner, of these General Terms and Conditions of Sale and of all the information listed in Article L 221-5 of the French Consumer Code, and in particular the following information

- the essential characteristics of the Product, taking into account the communication medium used and the Product concerned;
- the price of the Products and related costs (e.g. delivery);
- in the absence of immediate execution of the contract, the date or the deadline by which the Seller undertakes to deliver the Product;
- information relating to the identity of the Seller, its postal, telephone and electronic contact details, and its activities, if not apparent from the context
- information relating to the legal and contractual guarantees and their implementation modalities;
- the functionalities of the digital content and, if necessary, its interoperability;
- the possibility of resorting to conventional mediation in the event of a dispute;
- information on the right of withdrawal (existence, conditions, time limit, methods of exercising this right and standard withdrawal form), the cost of returning the Products, the terms of cancellation and other important contractual conditions;
- the accepted means of payment.
The fact that a natural person (or legal entity) orders on the website www.dubail.fr implies full acceptance of these General Terms and Conditions of Sale and the obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.

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Appendices - Legal Warranty Provisions

Article L217-4 of the Consumer Code
The seller is obliged 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 put in his charge by the contract or was carried out under his responsibility.

Article L217-5 of the Consumer Code
- Be fit for the purpose usually expected of similar goods and, where applicable: correspond to the description given by the seller and have the qualities that the seller has presented to the buyer in the form of a sample or model Have 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 labeling
- Or have 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 accepted by the latter.

Article L217-12 of the Consumer Code
The action resulting from the defect of conformity is prescribed by two years from the delivery of the good.

Article L217-16 of the Consumer Code
When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the date of the buyer's request for intervention or from the time the item in question is made available for repair if this availability is subsequent to the request for intervention.

Article 1641 of the Civil Code
The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price if he had known about them.

Article 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.