Registered Office:
DONNA ANNA
2 RUE CHARLOTTE
95620 PARMAIN
France
RCS PONTOISE 482 600 327
SIRET number : 482 600 327 00035
TVA intra : FR42 482 600 327
Share capital: 1000.00 €
E mail : contact@donna-anna.com
Consult our Bank ID number
Administration:
phone : 00-33-(0)1 34 73 25 81
These conditions are concluded between DONNA ANNA, as identified above, and the persons, hereinafter “the user” or “the customer,” wishing to make a purchase from the DONNA ANNA Internet site at http://www.donna-anna.com (www.donna-anna.com), hereinafter “the Site”.
The parties agree that their relations will be governed exclusively by the present contract to the exclusion of any prior condition available on the Site. However, if a condition should come to be missing, it would be considered to be governed by current custom in the remote sales sector whose companies are headquartered in France.
The validation click which the user makes after having filled out his/her order form constitutes confirmation of the order and irrevocable acceptance of the present general conditions. It will express the user’s final consent to contract with DONNA ANNA for the products selected, without prejudice to the user’s right of return and possible application of the provisions set forth in the articles of these general conditions of sale.
The offer of the electronic store presented by DONNA ANNA indicates the total price to be paid for the goods and services offered in Euro, all taxes included, in the European Union countries. The prices indicated do not include the buyer’s share of shipping expenses.
If the user resides outside the European Union and wishes to have merchandise delivered abroad, he or she will receive the tax rebate in effect and must pay the relative shipping expenses to the country of delivery.
All information contained in the www.donna-anna.com site is in French. The customer may nonetheless obtain another version of the boutique and the catalogue in English.
The customer acknowledges having become acquainted with all the aforementioned information and the general conditions of sale prior to submitting the order.
1 - Purpose
The purpose of the present general conditions of sale is to define the parties’ rights and obligations in a distance sale of the goods offered in this electronic store by DONNA ANNA, from the order to services and including payment and delivery.
The geographic area covered by the offer of the DONNA ANNA store is as follows:
South Africa, Germany, Andorra, Saudi Arabia, Australia, Austria, Bahamas, Bahrain, Barbados, Belgium, Brazil, Cameroon, Canada, China, Cyprus, Ivory Coast, Denmark, Egypt, United Arab Emirates, Spain, Estonia, United States, Finland, France, Greece, Guadeloupe, French Guyana, Hong Kong, Hungary, India, Indonesia, Ireland, Iceland, Israel, Italy, Japan, Jordan, Kuwait, Latvia, Lebanon, Liechtenstein, Lithuania, Luxembourg, Malaysia, Malta, Morocco, Martinique, Mauritius, Mexico, Monaco, Norway, New Caledonia, New Zealand, Netherlands, Poland, Portugal, Czech Republic, Reunion, United Kingdom, Russia, Saint Barthelemy, Saint Lucia, Saint Martin, Saint Vincent and Grenadines, Senegal, Seychelles, Singapore, Slovakia, Slovenia, Sweden, Switzerland, Tahiti, Taiwan, Thailand, Tunisia, Turkey, Venezuela.
If a customer whose country does not appear on this list wishes to order, he/she may send an e-mail from the “Customer Contact” section with the references, descriptions and quantities of the items selected. He/she will receive an e-mail confirmation of the amount of the order and the shipping costs involved, along with the bank coordinates to which to make the bank transfer for the total amount of the order. Upon receipt and validation of the sum by the bank, the order will be shipped.
Important: this contract consists of the present general conditions of sale and the order form. However, the photographs illustrating the products on the Site are not part of the contract. DONNA ANNA may in no case be held liable if errors or alterations occur as a result of the processing of these photographs or their display on the user’s screen.
2 – The order
Every order “signed” by the validation click constitutes an irrevocable commitment by the customer, which may not be challenged except in these cases envisioned in these general conditions of sale.
The contract is not concluded until confirmation of the order by DONNA ANNA. The customer will receive an acknowledgement of receipt by fax, mail or e-mail confirming the order with all the constituent elements of the contract (products ordered, prices, delivery times, shipping charges).
DONNA ANNA undertakes to honour the orders received on the Internet site only to the extent of the available product stock. If a product is unavailable, DONNA ANNA undertakes to so inform the user as quickly as possible. DONNA ANNA therefore reserves the right not to confirm an order, for any reason having to do in particular with the supply of products or with a problem concerning the order received.
The order will be filled within the period of time specified on the site and upon confirmation of the order by DONNA ANNA, and in any case no later than 30 business days following confirmation of the order, subject to the availability of the product ordered and unless specifically agreed otherwise between the parties.
If an ordered product is out of stock or unavailable, DONNA ANNA undertakes to inform the customer as soon as possible and to specify when the product will be available. The customer will confirm by e-mail his/her decision either to wait for the product to become available or to receive a refund.
The products ordered remain the property of DONNA ANNA until final payment in full of their price in accordance with the terms of French Law 80 335 of 12 May 1980. DONNA ANNA reserves the right to reclaim the ordered products in the event of failure to pay. In this case, and at the first request by DONNA ANNA, the customer undertakes to return any unpaid product, bearing all expenses.
3 – Duration of the offer
The offers contained in this site DONNA-ANNA.COM are valid the month in progress.
4 – Terms and conditions of payment
Payment in full is due when the order is submitted. The customer undertakes to pay the stipulated price for the ordered product on the site (product price and shipping cost) and to pay or to have paid, if necessary, and directly to the forwarding agent or carrier, customs duties, VAT or other taxes owed when importing products into the country of delivery.
The customer guarantees DONNA ANNA that he/she has any necessary authorisations to utilise the mode of payment of his/her choice as proposed below:
- By credit card as proposed on the Site.
- Or by cheque payable to DONNA ANNA.
If cheques are not received within 10 days from confirmation of the order by DONNA ANNA or if the cheque is rejected by the bank, DONNA ANNA reserves the right to cancel the order.
- Or by bank transfer to the order of DONNA ANNA.
If the bank transfer is not received within 10 days from confirmation of the order by DONNA ANNA or if the cheque is rejected by the bank, DONNA ANNA reserves the right to cancel the order.
5 – Fees and customs duties
Prices are given in Euro, all taxes included. They take into account the VAT applicable on the date of the order. They do not include buyer’s share of the delivery costs, which are invoiced in addition and which will be indicated in the order confirmation.
For deliveries within the European Union, the prices take into account the VAT applicable on the date of the order. They are therefore indicated as including VAT. Neither customs duties nor VAT will be owed for a delivery within the European Union. Any change in the applicable rate may be passed on to the sale prices of the products in the catalogue.
For deliveries outside the European Union, the customer must pay customs duties, VAT or other taxes owed when the products are imported into the country of delivery. Any related formalities are also the exclusive responsibility of the customer unless otherwise indicated. The customer alone is responsible for verifying the possibilities for importing the products ordered in regard to the laws of the country of delivery.
6 – Transfer of risks and liability
Risks are transferred to the customer when the products are turned over to the carrier by DONNA ANNA. Products travel at the customer’s risk and peril. The same is true when products are sent or returned postage paid.
During the return period as described below, the customer is responsible for the products as its guardian. If the product is damaged or destroyed while under the customer’s guardianship, the customer shall bear all consequences.
For all stages of accessing the site, processing the order, delivery or subsequent services, DONNA ANNA is responsible only for taking due care. DONNA ANNA may not be held liable for any disadvantages or damages involved in use of the Internet, in particular an interruption of service, an outside intrusion, or the presence of computer viruses, or for any event classified as force majeure in jurisprudence.
7 - Delivery
The delivery area corresponds to the geographic area covered by the offer. Products are delivered to the address indicated by the customer on the order form.
Delivery is deemed to have been made when the product is turned over to the carrier. The delivery slip issued by the carrier, dated and signed by the customer upon delivery of the product, will constitute proof of transport and delivery. Upon delivery, the customer will check the contents, compliance and condition of the product or products.
In the event of delays, damages, total or partial loss or some other problem, the customer will be responsible for making any claims against the carrier; DONNA ANNA shall not be held liable. Therefore, upon delivery, DONNA ANNA recommends that the customer check the condition of the products delivered before signing the acknowledgement of receipt for the package. If the customer finds problems, he/she must refuse delivery of the products or make specific handwritten and dated reservations. These reservations must be confirmed with the carrier by registered letter with acknowledgement of receipt within three (3) business days following delivery of the products. A copy will be sent to DONNA ANNA.
In addition to those customarily considered to be such by jurisprudence and by the French courts, the following will be considered as cases of force majeure:
- Complete or partial strikes, internal or external to the company,
- Blockage of transport or supply means for any reason,
- Governmental or legal restrictions,
- Computer breakdowns, blockages of telecommunications including networks and particularly the Internet.
The occurrence of a case of force majeure will initially suspend execution of the order ipso jure. If the parties find that the case of force majeure persists after three (3) months, the order will be automatically cancelled unless otherwise agreed by both parties.
8 – Customer’s absence
If the addressee is absent when delivery is made, the carrier will leave a delivery notice at the delivery address indicated by the customer. Products must be picked up at the address and as indicated by the carrier.
If pickup is not made within the period of time specified by the carrier, the products will be returned to DONNA ANNA, which reserves the right to reimburse the product price, with shipping costs borne by the customer.
9 - Claims
Claims for nonconformity of the product or products delivered with the order must be made in writing directly to DONNA ANNA, immediately upon receipt. The customer must keep the packaging and delivery slip.
If there is an error with the product, the customer undertakes to return said product or products within seven days following their receipt to Donna Anna at DONNA ANNA – C/O ADER LOGISTIC – RN17 – ZA SEMB – 60520 LA CHAPELLE EN SERVAL - France, on the condition that they be sent without opening their packaging, in their original condition and packaging, with the accompanying documents.
Upon receiving the product in good condition, DONNA ANNA will send back at its expense the product initially ordered.
10 – Right of return
For a period of seven business days from receipt of his/her order, the customer has the right to return, at his/her expense, the products with which he/she is not satisfied, for exchange or reimbursement, pursuant to article 121-16 of the Consumer Code. If this period ends on a Saturday, Sunday or holiday, it is extended to the next business day.
The returned product must be in its original condition and packaging. It must not have been used nor suffered any deterioration, however minimal, and must be perfectly clean.
This right of return is exercised without penalties except for the return costs.
Within a maximum of 30 business days from receiving the product, DONNA ANNA will send a cheque or will credit back the customer credit card as reimbursement for the article or articles to the customer.
11 - Warranty
All items may be exchanged or reimbursed except for those bearing an indication to the contrary. In order to avoid any inconvenience, however, the products are systematically checked by DONNA ANNA before being shipped. The exchange must be made within 15 days from the date of receipt.
All items are subject to a contractual warranty, which does not preclude the legal warranty provided by articles 1641 et seq. of the Civil Code.
If some products are under an extended warranty, the terms and conditions and duration of warranty are specified on the warranty card accompanying said products. This does not cover damage, breakage or malfunctions caused by failure to follow precautions of use.
To activate the warranty, the customer returns the product to DONNA ANNA at his/her expense, attaching the original invoice. The product will be exchanged with an identical product and sent to the customer at the expense of DONNA ANNA, except in the event the product is out of stock or discontinued from the DONNA ANNA line. In this case, DONNA ANNA will reimburse the customer for the price of the product or replace it with a new order.
If this new order is for a greater amount, the customer must attach payment for the balance to the exchange request. Conversely, if the amount of the exchange is less than the initial amount, the customer will receive a cheque reimbursing him/her for the difference upon receipt of the request.
In the case of a request for reimbursement for an item having been given free of charge or at lower cost as part of a special offer to the customer, it will be reimbursed according to its commercial value and not in full.
In all cases, any request for exchange or reimbursement must be made by mail to DONNA ANNA – 2 RUE CHARLOTTE - 95620 PARMAIN – France.
12. User’s personal data
DONNA ANNA reserves the right to collect data on the user, in particular through the use of cookies.
The personal information which the customer is asked to provide are essential for processing and routing orders, preparing invoices and any warranty contracts. To this end, this information may be communicated to DONNA ANNA’s contractual partners.
The customer may object to such communication and, pursuant to the “Data Processing and Freedom” Law (French Law of 6 January 1978), he/she has the right to access, modify, correct and eliminate data concerning him/her by contacting DONNA ANNA:
By mail to the following address:
DONNA ANNA
2 RUE CHARLOTTE
95620 PARMAIN
France
By e-mail to the following address:
contact@donna-anna.com
13 – Signature and proof
The computerised logs kept in the computer systems of DONNA ANNA under reasonably secure conditions will be considered proof of communication of orders and payments made between the parties.
In all cases the credit card number and final validation of the order supplied online will constitute proof of the completeness of said order in accordance with the provisions of the French Law of 13 March 2000 and will constitute payability of the sums undertaken by entering the items appearing on the order form. This validation constitutes a signature and express acceptance of all operations made on the site.
14 – Recording and filing of transactions
The orders and invoices are filed on a reliable and durable medium so as to correspond to a true and lasting copy pursuant to article 1348 of the civil code.
15 – Intellectual property
DONNA ANNA is the holder of the intellectual property rights to the site and of the right to distribute the items appearing in the electronic store catalogue, and in particular of the photographs for which it has obtained the necessary authorizations from the persons involved. Consequently the partial or full reproduction on any medium whatsoever of the elements constituting the site and the catalogue, their use and their being made availability to third parties are strictly prohibited.
All elements on the DONNA ANNA site, whether visual or audio, are protected by copyright, trademark rights, or patent rights. They are the exclusive property of DONNA ANNA. The user who has a personal Internet site and wishes to place a simple link for his/her personal use connecting directly to the home page of the DONNA ANNA site must request authorization from DONNA ANNA. This will not constitute an implicit affiliation agreement.
However, any hypertext link connecting to the DONNA ANNA site and using the framing of in-line linking technique is strictly prohibited. In all cases, any link, even tacitly authorised, must be removed upon simple request from DONNA ANNA.
16 – Completeness of the contract
In the event that one of the clauses of the present contract should be made null and void by a change in legislation, regulation or by a court decision, this will in no way affect the validity of and compliance with these general conditions of sale.
17 – Jurisdiction and applicable laws
In case of Business to Customer, the present conditions are subjected to the French law and in particular according to articles' 46 and 48 of the New Code of Civil procedure (NCPC) when the contracting one does not have the quality of tradesman. The customer can take action in justice, in addition to the place where remains the defendant, near the jurisdiction of the place of effective delivery of its order.
In case of Business to Business, the present conditions are subject to French law. In the event of litigation and absent an amicable settlement between the parties, jurisdiction is assigned to the courts competent for the jurisdiction of the corporate headquarters of DONNA ANNA, notwithstanding a plurality of defendants and/or the introduction of third parties, even for emergency proceedings or protective measures or summary procedures or by petition.
Last update: December 2007
