Terms and Conditions

GENERAL CONDITIONS OF SALE

These general conditions of sale come into force on December 20, 2024.

1. Definitions

Within the framework of these general conditions of sale, the terms and expressions listed below and whose first letter will appear in capital letters have the meaning attributed below. These terms will have the same meaning in the singular and the plural.

“GTC”: means these general terms and conditions of sale defining the conditions and methods under which Customers can purchase Products on the Site;
“Customers”: means any natural or legal person having created an Account on the Site and purchasing Products on the Site;
“Order”: means any act of purchasing a Product made on the Site by Customers;
“Account”: means the Customer’s account, created under the conditions set out in Article 3 of the General Terms and Conditions, allowing the Products to be purchased on the Site;
“Identifiers”: means the name of the Client or the pseudonym that he has chosen (login), as well as the confidential code or password allowing the Client to access his Account;
“Denaria”: means the company Denaria, as defined in the Legal Notices appearing on the Site;
“Products”: means the products sold on the Site to Customers and in particular Islamic clothing and decoration;
"Site": means the Denaria website available at the following address: www.denariaparis.com from which Customers can purchase the Products. The Site includes in particular all the IT components (in particular the software and IT developments and the Web pages, including the programs in source and object code, the preparatory design work, the specifications, and preliminary studies, the user documentation relating to the use and operation of the website), the graphic charter (including the projects, models, prototypes and plans), the infrastructure as well as the content (in particular the texts, sounds, still or animated images, videos and databases).

2. Purpose and enforceability

The purpose of the General Terms and Conditions is to define the terms and conditions under which Denaria ensures the sale of Products to Customers.
The General Terms and Conditions are systematically brought to the attention of Customers to enable them to place an Order. They apply exclusively to all Orders on the Site and prevail over all other conditions, with the exception of those that have been expressly accepted by Denaria. Consequently, all other conditions are only binding on Denaria after written confirmation from it.


IMPORTANT: NOTE TO CUSTOMERS

Any Order from the Site implies the express, prior, full and complete acceptance by the Customer of the General Terms and Conditions of Sale, by checking the box: "I accept the General Terms and Conditions of Sale" and by accepting them when placing his Order, the Customer acknowledges that he is bound by all of the General Terms and Conditions of Sale.


3. Creating an account

3.1. In order to place an Order, the Customer must create an Account.
To do this, he must click on the “Account” tab, then click on the “Create an account” tab, fill out the online registration form and then click on the “Register” tab.
The Customer can also click on the “Register via Google” tab.

3.2. The Customer undertakes to provide true, accurate, up-to-date and complete information about his identity, in accordance with Article 6-II of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy. In particular, he undertakes not to create a false identity likely to mislead Denaria and not to usurp the identity of another legal entity or natural person. The Customer undertakes to immediately update the data he has communicated in the event of a modification of said data.

3.3. In the event that the Customer provides inaccurate, outdated, incomplete or misleading information, Denaria may, immediately without notice or compensation, suspend or terminate the Customer's Account and refuse access, temporarily or permanently, to the Site. Furthermore, Denaria may not be held liable under any circumstances in the event of non-performance and/or partial performance of the Order related to the provision of information of this nature.

3.4. The Account is accessible by the Customer through his Identifiers, which are placed under his exclusive responsibility. The latter undertakes to keep them secret and not to disclose them in any form whatsoever. If one of the elements of the Identifier is lost or stolen, the latter must inform Denaria without delay, which will then proceed to cancel and/or update the Identifier concerned.
Safeguarding the confidentiality of the password entrusted to the Customer is the sole responsibility of the latter. In this regard, the Customer is required to ensure that at the end of each session, he has effectively disconnected from the Site, in particular when accessing the Site from a public computer or a public or unsecured network.

3.5. In the event of loss of his password, the Customer has the possibility to request a new password through his Account by clicking on the “FORGOTTEN PASSWORD?” tab.

3.6. At any time it deems appropriate, the Registered Customer may decide to deactivate its Account in accordance with the terms set out in Article 13 of the T&Cs.

4. Products

4.1. Offer of Products
The Products offered for sale by Denaria are those appearing on the Site on the day of the Order.
Product offers are valid as long as they are visible on the Site, subject to the availability of the Products at the time of receipt of the Order by Denaria.
Unless otherwise stated, they are valid worldwide.
Available Products are marked “Add to Cart”.


5. Prices and payment terms

5.1. Price
The price applicable to the Products is that in effect at the time the Products are Ordered by the Customer.
Prices are displayed on the Site and are expressed in euros excluding tax (€ excluding VAT) and excluding shipping costs.
Shipping costs depend on the delivery method chosen by the Customer, the weight of the Products and the place of delivery. They are specified to the Customer before validation of his Order in his Order summary.
Prices take into account the VAT applicable on the day of the Order. Any change in the applicable rate may be reflected in the prices of the Products after the date of entry into force of the new applicable rate. If applicable, Denaria will inform Customers.


5.2. Payment method
Orders are payable via the secure payment service provided by the company Shopify, the general terms and conditions of which are available on its website at the following address: https://www.shopify.com/fr/, which will collect and retain all transactions made by Customers.
The Customer undertakes to be the authorized holder of any credit/debit card or means of payment that he will use for the payment of the Products and that this means of payment gives access to sufficient funds to cover the amount of the purchase.

Upon receipt of the Order, a request to debit the bank account will be sent to the paying organization. The Order will be validated upon receipt of the authorization to debit the account by the paying organization. In the event of payment by bank or credit card, the Customer will be charged the amount defined at the time of validation of his payment.

In the event of refusal of the transaction, the Customer's Order will be automatically cancelled.

Denaria cannot be held responsible in the event of fraudulent use of the payment methods used.

5.3. Invoices

The amounts paid by the Customer are the subject of invoices issued by Denaria.

Invoices are made out in the name of the Customer and are sent by email to the address provided by the Customer when placing the Order.

Regardless of the Order method and the payment method, invoices are sent upon confirmation of the Order by email as an attachment in PDF format to the Customer at the email address provided when creating their Account and are available at any time for consultation and downloading from the Site via the Account.

6. Delivery

The Product(s) offered on the Site are delivered within the European Union. The list of delivery locations is subject to change.

The Product(s) ordered is (are) delivered to the delivery address indicated by the Customer when placing the Order.

The Products are delivered via a carrier mandated by Denaria, which bears the risk of delivery.

The Customer undertakes to inform Denaria of any change in billing and/or delivery details that may occur between the Order and delivery. Failing this, in the event of a delay and/or delivery error, the Customer may not under any circumstances hold Denaria liable for failure to deliver.

Denaria will also not be liable if the non-receipt of the Product(s) is due to the actions of a third party outside its intervention or in the event of theft.
In the event of the Order being returned due to the Customer's absence at the address indicated, the latter will be notified of the unsuccessful delivery by the carrier in charge of delivery. The Customer must contact the carrier directly, whose contact details are indicated on the carrier's tracking page, in order to schedule a new delivery or the collection of his Order.

In the event that the Customer does not collect his Order within the time period specified by the carrier, the latter will no longer be available and the Customer will be solely responsible for this failure to deliver.

Unless otherwise stated when placing the Order, delivery is chargeable and is the responsibility of the Customer. The delivery price will depend on the Customer's location and will be indicated in euros, all taxes included (TTC).

Delivery results in the transfer of ownership of the Product(s) ordered.

7. Obligations of Denaria

Denaria offers a paid intermediation service.

In this respect, Denaria, subject to an obligation of means, undertakes to make its best efforts to put the Customer in contact with a professional partner with a view to purchasing Products on the Site.

Denaria cannot be held responsible for any defect relating to the Products.

8. Customer Obligations

Customers agree to comply with the T&Cs and to use the Site in accordance with Denaria's instructions.

Customers agree that they will only use the Site for their personal use, in accordance with the T&Cs. In this regard, Customers agree to refrain from:

- to use the Site in any illegal manner, for any illegal purpose or in any manner incompatible with these T&Cs;

- to sell, copy, reproduce, rent, lend, distribute, transfer or sublicense all or part of the content appearing on the Site;

- to decompile, reverse engineer, disassemble, modify, display in a form readable by the Customer, attempt to discover any source code or use any software activating or comprising all or part of the Site;

- attempt to gain unauthorized access to the Site's computer system or engage in any activity that disrupts, diminishes the quality of, interferes with its performance or impairs its functionality;

- to infringe Denaria’s intellectual property rights;
- to denigrate the Site and/or the Products as well as Denaria on social networks and any other means of communication.

If, for any reason, Denaria considers that the Client does not comply with the T&Cs, it may at any time, and at its sole discretion, suspend its Account and/or remove its access to the Site and take all measures including any civil and criminal legal action against it.

9. Withdrawal

Denaria grants the Customer a withdrawal period of fourteen (14) calendar days from receipt of the Product, during which the Customer may make his request to the following email: contact.denariaparis@gmail.com

In this case, Denaria will reimburse the Customer the amount corresponding to the Products subscribed to, according to the payment method chosen by the Customer during the initial transaction, as well as the shipping costs. This reimbursement will not incur any costs for the Customer. The reimbursement will be made as soon as possible.

The Customer has a maximum period of fourteen (14) calendar days from the communication
of his decision to withdraw and return the Product to Denaria.

10. Guarantees

With regard to the Products that Denaria provides to the Customer in application of the General Terms and Conditions, Denaria is bound by an obligation of means.

11. Liability

11.1. Generally speaking, in the event that a Customer does not comply with the T&Cs, any Customer acknowledges and accepts that he/she is solely liable for any direct and indirect damages resulting therefrom with regard to Denaria.

11.2. Myzah cannot be held responsible for unforeseeable events such as cyber-attacks, security breaches in data transmission or performance guarantees regarding the volume and speed of data transmissions. Under these conditions, it is the responsibility of Customers to take all appropriate measures to protect their own data and/or software, in particular from contamination by possible viruses circulating on the Internet.

12. Intellectual property

12.1. The Site and certain elements (in particular editorial, illustrations, studies, and videos) appearing on the Site are protected by laws relating to intellectual property, and in particular copyright, and are the exclusive property of Denaria.

Likewise, the brands, logos, graphics and animations contained on the Site are the exclusive intellectual property of Denaria.

It is agreed that no provision of the T&Cs may result in any transfer of Denaria's intellectual property rights with regard to the intellectual property elements that may be implemented on the Site.

Customers therefore undertake in particular not to directly or indirectly infringe Denaria's intellectual property rights over the Products.

Furthermore, Customers are prohibited from any reproduction or exploitation of studies, videos, brands, logos or, in general, any content of the Site without the express, written and prior authorization of .

12.2. Customers undertake, when using the Site, to:

  • not to purchase Products in violation of third party intellectual property rights, such as trademarks and/or other trade names to the extent that they are protected by applicable law (such as company trade names in certain jurisdictions) and/or patent rights and/or copyrights;
  • not to violate the property rights and/or personal rights of third parties (including intellectual property rights).

13. Account Deactivation

13.1. Registration on the Site has no time limit. However, any Customer Account that is completely inactive continuously for three (3) consecutive years is, subject to the application of legal or regulatory provisions, archived by Denaria and is no longer available on the Site.

13.2. The Customer retains the possibility of deleting, without reason, his Account on the Site at any time.

To do this, the Customer must send an email to the following address: contact.denariaparis@gmail.com requesting the deletion of his Account. A copy of his identity document may be requested in order to avoid any risk of identity theft.

13.3. The deletion of an Account is final. As the Account is irreversibly deleted, the personal data linked to it is automatically deleted and can no longer be
recovered.
Deleting an Account does not prevent Customers from re-registering and creating an Account again.

13.4. In the event of non-compliance with the obligations arising from the acceptance of the General Terms and Conditions, incidents of payment of the price of an Order, provision of incorrect information when creating the Account or acts likely to harm the interests of Denaria, the latter reserves the right to suspend without notice access to the Site and/or the Account or, depending on the seriousness of the acts, to delete the Customer's Account without damages being able to be claimed.

14. Access and availability of the site

The Site is accessible seven (7) days a week (7) and twenty-four (24) hours a day (24).

Denaria undertakes to provide its best efforts to ensure that the Site remains operational within the framework of an obligation of means. However, due to the nature of the internet, Denaria does not guarantee operation and access to the Site, 7 (seven) days a week (seven) and twenty-four (24) hours a day.

Denaria reserves the right to interrupt the operation of the Site and/or access to the Account of one or more Customers at any time, with or without notification, in particular for the purpose of ensuring corrective and evolutionary maintenance of the Site, or to develop its content or presentation and/or for any other legitimate reason. To the extent possible, Denaria will inform Customers prior to a corrective or evolutionary maintenance operation.

Furthermore, Customers acknowledge that the Site may be interrupted for reasons beyond Denaria's control and that Denaria cannot therefore guarantee continuous access to the Site and/or the Account.

In any event, Denaria cannot be held responsible for any interruption and/or malfunction of the Site, whatever the cause.

Customers are invited to inform Denaria of any technical problem they encounter during their navigation and/or use of the Site by writing to the following address and describing the problem encountered: contact.denariaparis@gmail.com

15. Personal data

In accordance with Law No. 78-17 of January 6, 1978, amended by Law No. 2018-493 of June 20, 2018, promulgated on June 21, 2018, relating to information technology, files and freedoms, known as the “

data protection and freedoms", its implementing decree no. 2018-687 of August 1, 2018 and Regulation (EU) 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Customer is informed that Denaria carries out automated processing of his personal data for the purposes of using the Site, processing and managing commercial relations, Orders and the Sale of Products.

For further details, the Client is invited to consult the “Privacy Policy” link available on the Site.

16. Miscellaneous

16.1. Modification

Denaria reserves the right to modify the T&Cs at any time, in particular to take into account any legal, jurisprudential, editorial, functional and/or technical developments.

The version of the T&Cs that prevails is the one that is accessible online on the day the Order is validated.

Any Order by the Customer after publication of the amended T&Cs constitutes acceptance by the latter of the new T&Cs.
16.2. Partial invalidity
Generally speaking, if one or more of the clauses or stipulations of the T&Cs were held to be invalid or declared null or unenforceable by law, a regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope.

16.3. Language

The language applicable to the T&Cs is French. If a translation is made, only their French version will have contractual value.

16.4. Evidence

The files, data and messages recorded in Denaria's computer systems will be admissible as proof of the acts and facts between Denaria and the Clients.

The retention of records will be presumed, unless proven otherwise, to have taken place under reasonable security conditions if the messages, data and other documents are systematically recorded on a reliable and durable medium.

17. Applicable law – disputes

The T&Cs are subject to French law.

For any difficulty and/or question about the Products and/or Orders, Customers are invited to contact customer service in order to try to find an amicable solution by email at the following address: contact.denariaparis@gmail.com.

In accordance with the provisions of Article L.211-3 and Article L.612-1 of the Consumer Code, the Customer is informed that any dispute that may arise between Denaria and him and concerning the validity, interpretation, execution or non-execution, interruption or termination of the rights and obligations of the General Terms and Conditions, may, after prior written action by the Customer vis-à-vis Denaria and the settlement of which has not been successful, be submitted to consumer mediation.

It is proposed to use the following mediator: DISPUTE - CONSUMER MEDIATION.

The Customer and Denaria remain free to accept or refuse recourse to consumer mediation. Furthermore, the solution possibly proposed by the consumer mediator will not be imposed on the Customer and Denaria, who may waive it.