GENERAL TERMS AND CONDITIONS OF SALE GILLES & BOISSIER PRIVE
ARTICLE 1 – Scope of application
1.1. Seller’s identification : These general terms and conditions of sales apply to sales as defined below made by GILLES & BOISSIER PRIVE, a simplified joint stock company incorporated under the Law of France with a capital of €40,000 registered in the Paris Trade and Companies Register under the no. 798 658 514, whose registered office is at 91 rue du Faubourg Saint-Honoré – 75008 PARIS (hereinafter referred to as “GILLES & BOISSIER PRIVE »).
1.2. Scope and acceptance of the general terms and conditions of sales : The purchase of any product offered by GILLES & BOISSIER PRIVE (hereafter “the Products”) on the https://www.gillesetboissier.com/website (hereafter the “Website”) is subject to these general terms and conditions of sale (hereafter “Terms and Conditions of Sale”).
The Products sold on the Website are exclusively intended to be sold and delivered to end consumers in the European Union for their personal use, with the exclusion of all resellers or intermediaries acting on behalf of resellers. Consequently, a client buying Products on the Website agrees and warrants that it is acting as an end consumer and that it will not, directly or indirectly, resell the Products for commercial purposes (hereafter « the Purchaser »).
The Purchaser certifies having full legal capacity to contract the sale of the Products as well as the commitments provided for in the Terms and Conditions of Sale.
The fact that the Purchaser places an order for Products on the Webite implies his full and unreserved acceptance of every provision of this Terms and Conditions of Sale, to the exclusion of any other document, and in particular of third general conditions of purchase which would have been expressed or transmitted by the Purchaser.
The parties agree that their relations will be exclusively governed by the contract formed by the Terms and Conditions of Sale and the Purchaser’s order. Any contrary condition opposed by the Purchaser will therefore be unenforceable against GILLES & BOISSIER PRIVE, regardless of when it may have been brought to its attention, unless expressly accepted in writing by GILLES & BOISSIER PRIVE.
ARTICLE 2 – Orders
2.1. In accordance with Articles L. 111-1 et seq. of the French Consumer Code, the essential characteristics and prices of the Products are available on the Website.
2.2.Products Availability : Products offers presented on the Website are valid while stocks last. Indeed, at the time of validation of the order, there may be a difference between the stock available electronically and the existing physical stock (for example in the event of simultaneous orders of the same Product by several customers). The sale is therefore subject to the availability of the Products in stock.
In the event of unavailability of Products after placing the order, the Purchaser will be informed by e-mail or by telephone as soon as possible and will be offered the choice of either ordering an alternative Product presented on the Website, or of cancelling his order.
GILLES & BOISSIER PRIVE does not incur any liability if Products are out of stock or unavailable.
In order to ensure a better quality of service and availability of Products to all of its customers, GILLES & BOISSIER PRIVE reserves the right to limit the quantity of Products that can be purchased by a customer, in accordance with the applicable Laws and in particular the provisions of Article L. 121-11 of the French Consumer Code. In addition, GILLES & BOISSIER PRIVE reserves the right to refuse an order if it is abnormal, placed in bad faith or for any other legitimate reason, and in particular, when there is a dispute with the Purchaser concerning the payment of a previous order.
2.3. Order process on the Website :
For placing his order of Products on the Website, the Purchaser must follow and comply with all steps and instructions indicated on the Website, including:
– creation and / or identification of a client account ;
– filling in the order form ;
– verification of the order form, of the list of Products ordered, of delivery information ; identification and correction of errors in the order form to the extent needed ;
– validation of the order, of the delivery method and of the detailed and total price applicable ;
– online payment procedure for the agreed price.
After completion of the successive steps of the order, the Purchaser immediately receives electronically confirmation of acceptance of his payment for the order.
The Purchaser also receives immediately and electronically an acknowledgment of receipt, as a confirmation and summary of his order. The sales contract for the Products will be formed after completion of the full ordering process.
The Purchaser will subsequently receive electronic confirmation of the shipment of his order, subject to the provisions of article 2.2 of these Terms dans Conditions of Sale.
ARTICLE 3 – Prices – Payment terms – Title retention
3.1. The prices of the Products are those in force at the day on which the order is placed by the Purchaser.
Prices of the Products are in euros and are inclusive of taxes. Prices of the Products exclude shipping costs, the latter being subject to their own specific pricing.
3.2. All orders are payable in euros and must be paid in full by the Purchaser when placing the order.
3.3. Means of payment accepted: Payment for orders by the Purchaser on the Website is made only by credit card and bank transfer.
The following credit cards are accepted : Visa®, MasterCard®, American Express®, Carte Bleue® .
Payments by credit card may be authenticated and secured using the 3D Secure system. This device is also known under the names of “Verified by Visa®”, “MasterCard® SecureCode” or “American Express SafeKey®”. During payment, the bank requests personal information from the Purchaser in order to verify the identity of the cardholder and to validate the transaction. Where applicable, the Purchaser’s order is finalized after validation of his bank details by his bank. As authentication is specific to each bank, the Purchaser is invited to contact his bank directly for any related question.
3.4 Retention of title: GILLES & BOISSIER PRIVE reserves ownership of the Products ordered by the Purchaser until full payment of their full price. Payment is deemed to have been made upon effective and final collection of the full price of the Products ordered and of related shipping costs.
Notwithstanding this retention of title clause, the Purchaser will assume the custody, control and risks of the Products from their delivery at the address indicated during the ordering process.
ARTICLE 4 – Delivery– Acceptance
4.1. Delivery Area: The Products are shipped to the delivery address indicated by the Purchaser during the ordering process.
4.2. Shipping methods and costs : The shipping methods are selected by the Purchaser during the ordering process, which indicates the resulting costs to be borne by the Purchaser.
4.3. Products delivery times vary depending on the nature of the Products ordered. They are indicated on the Website during the ordering process.
The delivery dates are given as an estimate and as an indication, without commitment from GILLES & BOISSIER PRIVE, and subject, in any event, to the availability of the Products in stock and that the Purchaser is up to date with his obligations towards GILLES & BOISSIER PRIVE, whatever the cause.
GILLES & BOISSIER PRIVE is authorized to make partial deliveries.
Consequently, no delay in delivery can be invoked for the cancellation of an order in whole or in part, refusal of receipt or request for compensation, without prejudice to the legal right of withdrawal open to the Purchaser .
4.4. Acceptance: It is the Purchaser’s responsibility to check the condition of the packaging as well as the Products upon delivery.
It is the Purchaser’s responsibility to make any reservation and claim he considers necessary, or even to refuse the delivery, when the package is clearly damaged. In such a case, said reservations and claims must be notified to the carrier by registered letter with acknowledgment of receipt within three working days, not including public holidays, which follow the date of delivery of the Products. The Purchaser must also send a copy of this letter to GILLES & BOISSIER PRIVE. Failure to make a claim within the aforementioned period extinguishes any possibility of legal action against the carrier.
The Purchaser must also ensure that the Products delivered to him correspond to his order. In the event of non-compliance of the Products in kind or in quality with the specifications mentioned in the delivery note, the Purchaser must inform the Customer Service of GILLES & BOISSIER PRIVE by email firstname.lastname@example.org within 48 hours of delivery and return the Products to the address indicated as per Article 7 below .
ARTICLE 5 Transfer of ownership – Transfer of risks
5.1. The transfer to the Purchaser of ownership of the Products sold by GILLES & BOISSIER PRIVE will take place in accordance with the provisions of Article 3.4 of these Terms and Conditions of Sale, regardless of the delivery date of the said products and goods.
5.2. However, the transfer to the Purchaser of risks of loss and deterioration of the Products sold by GILLES & BOISSIER PRIVE, will take place at the time of delivery to the Purchaser, in accordance with the terms and conditions defined in article 4.2 of these Terms and Conditions of Sale.
ARTICLE 6 – Right of withdrawal
6.1. In accordance with the provisions of articles L221-18 et seq. of the French Consumer Code, the Purchaser has a right of withdrawal, without having to provide reasons and without having to pay a penalty, which he can exercise within a period of fourteen calendar days following the date of receipt of the Products. In the event that this period expires on a Saturday, Sunday or a public holiday, it is extended until the next working day.
6.2. The Purchaser who wishes to exercise his right of withdrawal must return the Products within the aforementioned period, new, complete and in their original packaging.
The Purchaser returns the Products at the latest, within fourteen days from the notification of his decision to withdraw ; it bears all direct costs of returning of the Products.
6.3. In accordance with the provisions of Article L. 221-28 of the French Consumer Code, the right of withdrawal cannot be exercised by the Purchaser for orders of Products customized for him.
6.4. If the right of withdrawal is exercised by the Purchaser, GILLES & BOISSIER PRIVE reimburses the Purchaser for all sums paid for the returned Products, including delivery costs, upon the first to occur of the following dates, either the date of provision of proof of the shipment of these returned Products by the Purchaser, or the date of reception by GILLES & BOISSIER PRIVE of these Products returned by the Purchaser. GILLES & BOISSIER PRIVE will make the related reimbursement using the same means of payment as that used by the Purchaser for his order.
GILLES & BOISSIER PRIVE will not, however, reimburse additional costs when the Purchaser had expressly chosen a more expensive delivery method, than the standard delivery method offered.
ARTICLE 7 – Legal guarantees
Products sold by GILLES & BOISSIER PRIVE are subject to the legal guarantees provided for in Articles L. 217-4 to L. 217-14 of the French Consumer Code and in Articles 1641 and 1648 of the French Civil Code, to the exclusion of all other guarantees:
7.1. Legal warranty of conformity: GILLES & BOISSIER PRIVE shall deliver Products that are consistent with the Purchaser’s order and free from defects ; the Products shall be suitable for the use normally expected of similar goods and they will have the characteristics described on the Website when ordering.
The legal warranty of conformity will be applicable on the condition that the Purchaser claims it within two (2) years from the delivery of the Product concerned. Lacks and defects of conformity which appear within twenty-four (24) months from delivery are presumed to exist at the time of delivery, unless proven otherwise.
Where applicable, the Purchaser may choose between repairing and replacing the Product in accordance with the provisions of article L217-9 et seq. of the French Consumer Code, unless these choices entail disproportionate costs for GILLES & BOISSIER PRIVE.
The repair, replacement or reimbursement of the Products within the framework of the legal warranty of conformity will take place at no cost to the Purchaser.
7.2. Legal warranty against hidden defects: GILLES & BOISSIER PRIVE will deliver Products free from hidden defects which would render them unfit for the use for which they are intended, or which would reduce such use to such an extent that the Purchaser would not have acquired them, or would have given a lower price, if he had known it.
The legal warranty against hidden defects will be applicable on the condition that the Purchaser claims it within two (2) years from the discovery of the hidden defect.
In the event of a hidden defect, the Purchaser will have the choice to return the Product concerned and have the price and costs incurred by the sale refunded, or to keep said Product and have part of the price returned. In all cases, it will be up to the Purchaser to prove that he fulfils the conditions of the warranty.
7.3. In the event of lack or defect of conformity and / or hidden defects, the Purchaser must return the Products after having contacted the Customer Service of GILLES & BOISSIER PRIVE by e-mail email@example.com;
ARTICLE 8 Intellectual property
The sale formed between GILLES & BOISSIER PRIVE and the Purchaser does not imply any transfer or any grant to the latter of any intellectual property rights, in particular as regards copyright, design, model and patent attached to the Products or to the brand GILLES & BOISSIER, as well as to all figurative and non-figurative brands and more generally to all other brands, illustrations, images and logos appearing on the Products, their accessories and their packaging, whether registered or not.
Any total or partial reproduction and / or modification of the Products, as well as any total or partial reproduction, modification and / or commercial use of trademarks, illustrations, images and logos attached to the Products, for any reason and on any medium whatsoever, without the prior written consent of GILLES & BOISSIER, is strictly prohibited.
ARTICLE 9 – Force majeure
The performance by GILLES & BOISSIER PRIVE of its obligations under these Terms Conditions of Sale and under the Purchaser’s order will be suspended in the event of the occurrence of a fortuitous event or force majeure which would hamper or delay the execution. .
GILLES & BOISSIER PRIVE will notify the Purchaser of the occurrence of such a fortuitous event or force majeure within fifteen (15) days from the date of occurrence of the event.
When the suspension of the performance of GILLES & BOISSIER PRIVE’s obligations continues for a period exceeding thirty (30) days, the Purchaser has the option of terminating the current order and GILLES & BOISSIER PRIVE will then reimburse the order in the amount of the undelivered Products.
ARTICLE 10 – Applicable Law- Disputes
9.1. The law applicable to these Terms and Conditions of Sale and to the Purchaser’s order is French law.
9.2. In the event of a dispute relating to the application and / or interpretation of these Terms and Conditions of Sale and / or the execution of the order placed by the Purchaser on the Website, the latter may contact GILLES Customer Service and BOISSIER PRIVE by electronic mail firstname.lastname@example.org
9.3. The Purchaser may also have recourse to a conventional mediation procedure or any other alternative dispute resolution procedure. In accordance with French ordinance no.2015-1033 of August 20, 2015 and implementing decree no.2015-1382 of October 30, 2015, any so-called consumer dispute or dispute, subject to article L612-2 of the French Consumer Code, can be the subject of an amicable settlement by mediation with mediateurfevad.fr.
To submit a dispute to the mediator, the Purchaser can:
(i) complete the form on the website of mediateurfevad.fr
(ii) send his request by regular or registered mail to Le servie du Médiateur du e-commerce de la FEVAD, 60 rue de la Boétie, 75008 Paris, or
(iii) send an email to email@example.com.
Whatever the means used to enter FEVAD, the Purchaser’s request must contain the following elements in order to be processed quickly:
– Purchaser’s contact details,
– email and telephone number of GILLES & BOISSIER PRIVE Customer Service as well as the full name and address of GILLES & BOISSIER PRIVE, a brief statement of the facts, and proof of the preliminary steps with GILLES & BOISSIER PRIVE.
9.4. If he is a natural person, the Purchaser may have recourse free of charge to a conventional mediation procedure or any other alternative dispute resolution procedure. The Purchaser may, if he wishes, use the online dispute resolution service offered by the European Commission in accordance with Article 14 of Regulation (EU) N ° 524/2013. This platform is accessible at the following address: https://webgate.ec.europa.eu/odr/ .
9.5. Recourse to mediation is an alternative mechanism which is not a precondition for bringing legal action.
Any dispute arising from the formation, application and / or interpretation of these Terms and Conditions of Sale or of the Purchaser’s order, and more generally any disputes arising directly or indirectly from the sales operations covered by these Terms and Conditions of Sale and which cannot be resolved amicably, will be subject to the exclusive jurisdiction of the Courts of Paris, even in the event of the introduction of third parties or plurality of defendants.