General terms and conditions of sale
www.gauthierparis.com (the "site") is published by the Société Gauthier & Delmas, a simplified joint stock company with a capital of 25000.00 €, whose registered office is located at 15 rue des Saints-Pères, 75006 Paris, France, registered in the register of Commerce and Paris companies under number 843 790 742, including the intra-Community VAT number FR01843790742 (hereinafter "Gauthier Paris").
I. APPLICATIONS OF THE GENERAL TERMS AND CONDITIONS OF SALE
The general terms and conditions of sale "GTC" detailed below apply to all orders for products and services passed through the site (the "products") to Gauthier Paris by any person (the "customer").
The customer must be aware of the GTC prior to any order (the "order"), the GTC being available on the site.
Gauthier Paris reserves the right to adapt or modify the present GTC at any time. The version of the GTC applicable to any sale being that appearing online on the website www.gauthierparis.com at the time of the order. Consequently, placing an order requires full prior membership and, without reservation, to the GTC by the customer.
II. SITE INFORMATION AND SITE ACCESSIBILITY
www.gauthierparis.com is an e-commerce site owned and managed by Gauthier Paris.
The site is accessible to all Internet users in principle 24/24h, 7/7d, unless interrupted, programmed or not, by Gauthier Paris or its suppliers, for the needs of its maintenance and/or security or cases of force majeure (as defined below). Gauthier Paris cannot be held responsible for any damage, whatever the nature, resulting from an unavailability of the site.
Gauthier Paris does not guarantee that the site will be free of anomalies, errors or bugs, nor that the site shall operate without interruption or failure. It may in this respect freely and in its sole discretion determine any period of unavailability of the site or its contents. Gauthier Paris cannot be held responsible for any problems of data transmission, connection or network downtime.
Gauthier Paris reserves the right to change the site, for technical or commercial reasons. Where such changes do not adversely affect the conditions for the provision of services, in a substantial and negative manner, the customer may be informed of the changes made, but his acceptance is not sought.
III. INSCRIPTION ON THE SITE
The customer's registration on the site is validated by Gauthier Paris as soon as the customer receives a registration confirmation email.
When creating your account or purchasing as a visitor, the customer must ensure the accuracy and completeness of the data it provides. The customer is obliged to always update his or her personal information. In the event of an error in the wording of the addressee's contact information, Gauthier Paris cannot be held responsible for the impossibility of delivering products.
By registering on the site, the customer declares and warrants to Gauthier Paris that he is a major and has the legal capacity to contract.
Gauthier Paris may delete the customer's account at any time, for any reason, in its sole discretion.
The products offered for sale are those described on the site on the day of the consultation of the site by the customer, within the limit of available stocks. These instructions are updated automatically in real time. However, an error in the update, regardless of its origin, does not incur the responsibility of Gauthier Paris. As such, Gauthier Paris cannot be held responsible for the cancellation of an order of a product as a result of the depletion of stocks.
Gauthier Paris brings the utmost care in the presentation and description of its products to satisfy the customer's best information. It is possible, however, that errors may appear on the site, which the client acknowledges and accepts.
Gauthier Paris does not guarantee the accuracy or security of the information transmitted or obtained through the site.
The customer may receive a part previously returned by another person as a result of an order. It is specified that Gauthier Paris accepts only the return of intact and unworn products, these two conditions being checked before the resupply of the returned products.
The order taken on the site is subject to compliance with the procedure set up by Gauthier Paris on the site including successive steps leading to the validation of the order.
The customer can select as many products as he wishes which will be added to the basket (the "basket"). The shopping cart summarizes the products chosen by the customer and the prices and costs associated with it. The customer may freely modify the shopping cart before validating his order. The validation of the order is confirmation of the acceptance by the customer of the GTC, the products purchased, their price and the associated costs.
A confirmation email summarizing the order (product (s), price, quantity...) will be sent to the customer by Gauthier Paris. For this purpose, the customer formally accepts the use of the e-mail for the confirmation by Gauthier Paris of the contents of his order.
VI. REFUSAL TO PROCESS AN ORDER
Gauthier Paris reserves the right to withdraw any product displayed on the site at any time and to replace or modify any content or information contained therein. Despite the best efforts of Gauthier Paris to satisfy the expectations of its customers, it may be that the latter is obliged to refuse to process an order after having sent to the customer the confirmation email summarizing the order.
Gauthier Paris shall not be liable to the customer or any third party for the injurious consequences of the removal of a product from the site, or the replacement or modification of any content or information contained on this site, or the refusal to process a Order after sending the confirmation email summarizing the order.
Gauthier Paris also reserves the right to refuse or cancel an order from a customer with whom it has a dispute over the payment of a previous order.
VII. PRICES AND TERMS OF PAYMENT
The prices of the products are indicated on the site in euros including VAT, but excluding customs fees, and other taxes. Customs and other fees must be paid by the customer directly to the carrier.
All prices displayed are calculated and include the value added tax (VAT) applicable in France.
Gauthier Paris reserves the right to modify its prices at any time but the products will be invoiced on the basis of the rates in force at the time of registration and payment of the order, subject to availability.
The products are payable cash at the time of the effective order.
The payment of the purchases is effected either via PayPal or via the secure platform of our pay provider STRIPE.
PayPal (Europe) S.à.r.l. and Cie, is a Luxembourg-based limited partnership, registered in the R.C. S of Luxembourg under the number B118349, whose registered office is at 22-24, Boulevard Royal – L-2449 Luxembourg. For any information, the customer may consult the following website: https://www.paypal.com.
Stripe, for any information, the customer can consult the following website: https://www.stripe.com
The customer expressly acknowledges that the communication of his credit card number to Gauthier Paris is valid for the debit of his account up to the price of the products ordered. If necessary, a notification of cancellation of order for default of payment is sent to the customer by Gauthier Paris on the email address communicated by the customer when registering on the site.
The data recorded and stored by Gauthier Paris constitute proof of the order and of all past sales. The data recorded by PayPal or STRIPE constitute proof of any financial transaction between the client and Gauthier Paris.
Deliveries are ensured by Colissimo, Relais colis and DHL from Monday to Saturday, depending on the option chosen by the customer when validating his order.
Delivery means the transfer to the customer of the physical possession of the products (the "delivery").
The shipping costs applicable to the order are those mentioned on the site at the time of the order and on the sheets produced in "delivery and returns".
When Gauthier Paris takes charge of the product's delivery, the risk of loss or deterioration of the product is transferred to the customer at the time of delivery.
By exception, the risk is transferred to the customer upon delivery of the product to the carrier when the latter is responsible for transport by the customer and not by Gauthier Paris.
The delivery is made at the delivery address indicated by the customer, being specified that it must be the address of residence of the client, of a natural person of his choice or of a legal person (delivery to his company). Delivery cannot be made in hotels or in post boxes.
In case of impossibility to carry out the delivery, due to an incorrect delivery address or the absence of withdrawal by the customer of his order at the selected withdrawal point no forwarding can be carried out and the customer will be refunded within a period fourteen (14) days from the receipt of the order by Gauthier Paris, which will withdraw the refund of the return of the goods.
Gauthier Paris delivers the orders within a maximum period of twelve (12) working days for a delivery in metropolitan France and twenty (20) working days for an international delivery, this period being counted from the first business day after Order validation. After a collection is posted online and from November 23rd to December 31st, the delivery time can be increased by ten (10) days, given the large and exceptional volume of orders.
In order for these deadlines to be respected, the customer must ensure that they have provided accurate and complete information regarding the delivery address (such as: Street, building, staircase, access codes, names and/or numbers intercom, etc.).
Gauthier Paris may not be held responsible for the delay in delivery not being its fact or justified by a case of force majeure (as defined below).
In the event of exceeding the delivery period, the customer may request the cancellation of the sale and obtain within a maximum of fourteen (14) days of his request in this sense the reimbursement of the sums paid in connection with the order. Notwithstanding the foregoing, Gauthier Paris shall not be liable for the injurious consequences resulting from a delay in routing, only the reimbursement of the product by Gauthier Paris being possible to the exclusion of any other form of Compensation.
Deliveries can also be made in parcel relay, subject to acceptance of the parcel by the selected parcel relay.
IX. RIGHT TO RETRACTATION-REFUNDS AND RETURNS
9.1. time limits and procedures for exercising the right of withdrawal
In accordance with article L. 221-18 of the consumer code, the non-professional client has a period of fourteen (14) days from the receipt of the order to exercise his right of withdrawal from Gauthier Paris, without having to motivate his decision.
9.2. terms of return of the order in the context of the right of withdrawal
The right of withdrawal shall be exercised without penalty.
The customer returns the order with the return voucher provided by Gauthier Paris, without undue delay and, at the latest, within fourteen (14) days following the communication of his decision to withdraw in accordance with article L. 221-21 of the consumer code.
Beyond this fourteen (14) day period, the sale is firm and definitive. The product must be returned in its original packaging, in its original condition, new, unworn, unwashed. To make a return, the customer must follow the procedure indicated on the return voucher received with his order. The return of the products is not supported by Gauthier Paris.
The return of the products is borne by the customer and is done at his risk.
9.3 refund of returned products under the right of withdrawal
The refund of the order by Gauthier Paris shall be made no later than fourteen (14) days from the date on which it is informed of the customer's decision to withdraw.
However, the refund is provided that Gauthier Paris was able to recover the products subject to the return and the refund request.
Gauthier Paris makes the refund using the same payment method that has been used for the payment of the order, unless expressly agreed by the customer to use another means of payment and to the extent that the reimbursement costs to the consumer.
Reimbursement of an order with a gift certificate, gift card or credit memo will be refunded automatically.
In the absence of respect by the customer of these GTC, Gauthier Paris will not be able to reimburse the products concerned. In all cases, the return costs are borne by Gauthier Paris if the product delivered to the customer is different from the ordered product or if it is delivered damaged.
X. WARRANTIES-LIMITATION OF LIABILITY
Gauthier Paris ' liability in respect of any product purchased on the site is strictly limited to the purchase price of the latter. In no event shall Gauthier Paris be liable for the following losses, irrespective of their origin:
-loss of income or sales
-loss of profits or contracts
-loss of planned savings
-loss of working time or management
-loss of chance, including ordering a product,
The documents, descriptions and information relating to the products appearing on the site are not covered by any warranties, express or implied, except as provided by law.
Gauthier Paris does not provide any guarantee regarding any damage that could be caused by the transmission of a computer virus, a worm, a temporal bomb, a Trojan horse, a cancelbot, a logic bomb or any other form of routine programming designed to damage, destroy or otherwise impair a computer's functionality or interfere with the proper functioning of the machine, including any transmission resulting from a download of any content made software used by the client to download the content, site or server that allows access to it. In this regard, the client acknowledges that it is his responsibility to install appropriate anti-virus and security software on his computer hardware and any other device in order to protect them from any bug, virus or other programming routine. of this order proving to be harmful.
The customer acknowledges to assume all the risks associated with any content downloaded or otherwise obtained through the use of the site and agrees that it is solely responsible for any damage caused to its computer system or any loss of data resulting from the downloading of this content.
Gauthier Paris is only obliged to deliver products complying with the contractual provisions. The products are considered to be in accordance with the contractual provisions if the following conditions are met: (I) they must conform to the description and possess the characteristics exhibited on the site; (ii) they must be adapted for the purposes for which such products are generally designed; (iii) they must meet the criteria of quality and resistance that are generally accepted for products of the same kind and which can reasonably be expected.
In addition, Gauthier Paris guarantees consumers of defects in conformity and hidden defects for products on sale on the site under the following conditions:
Apparent Vice-warranty-legal compliance-latent defects
The presence of an apparent defect on a product must give rise to a complaint by mail électronique(firstname.lastname@example.org)
The customer must comply with the procedure relating to the right of withdrawal by informing in advance by all means Gauthier Paris of the existence of this apparent defect, so that the return can be accepted.
Subject to the validation of a non-conformity or a Vice-concealed by Gauthier Paris or the manufacturer as the case, the customer benefits from the following warranties:
Gauthier Paris, whose registered office is located at 15 rue des Saints-Pères, 75006 Paris, France, acts as guarantor within the meaning of the provisions of articles L 217-5 and following of the French consumer code and 1641 and following of the civil code.
Thus the client:
-has a period of two (2) years from the issue of the product to act in default of conformity of the product,
-is exempt from reporting evidence of the existence of the property's failure to comply within six (6) months following the issuance of the product,
-may choose between the repair or replacement of the product, subject to the cost conditions provided for in article L217 of the consumer code;
The legal warranty of compliance applies irrespective of the commercial warranty described below.
In addition, the customer may also implement the legal guarantee under the hidden defects of the sold thing, within the meaning of articles 1641 and following of the civil code. The legal guarantee of latent defects allows the customer within two years of the discovery of the defect, the reimbursement of a product which has proved unsuitable for its use.
The guarantee of latent defects allows the customer to be protected against the hidden defects of the product purchased and which prevent its use or affect it to such a point that the customer would not have bought it.
The customer then has the choice between two options: keep the product and ask for a reduction of the price, or return the product and ask for reimbursement of the price paid, in accordance with article 1644 of the civil code.
In order to implement these guarantees, the product must be returned, in its original packaging, in its original condition, new, unworn, unwashed, with the references of the original order and copy of the claim to the registered office of Gauthier Paris, after sending an email stating the reason for the return of the product.
For all intents and purposes, the following legal provisions are recalled:
art. L217-4 of the consumer code: "the seller delivers a good in accordance with the contract and complies with the defects of conformity existing at the time of issuance. It also responds to defects in conformity resulting from the packaging, assembly instructions or installation when it has been put to its charge by the contract or has been carried out under its responsibility. »
art. L217-5 of the consumer code: "the property complies with the contract: 1 ° if it is specific to the usual expected use of a similar good and, where applicable (a) if it corresponds to the description given by the seller and possesses the qualities which the latter has presented to the purchaser in the form of a sample or model;((b) if it presents the qualities that a purchaser may legitimately expect in respect of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling; 2 ° or if it presents the characteristics defined by common agreement by the parties or is specific to any special use sought by the purchaser, brought to the knowledge of the seller and which the latter has accepted. »
art. L217-7 of the consumer code: "defects in conformity that appear within twenty-four months from the issuance of the property are presumed to exist at the time of issue, unless proven otherwise." For second-hand goods sold, this period is set at six months. The seller may fight this presumption if it is not compatible with the nature of the property or the lack of conformity invoked. »
art. L217-8 of the consumer code: "the purchaser is entitled to demand the conformity of the property with the contract. It cannot, however, challenge compliance by invoking a defect that it knew or could not ignore when it contracted. The same is the same when the defect originated in the materials it supplied. »
art. L217-9 of the consumer code: "in the event of a defect in conformity, the purchaser chooses between the repair and the replacement of the property. However, the seller may not proceed according to the choice of the purchaser if this choice entails a cost manifestly disproportionate to the other modality, given the value of the property or the magnitude of the defect. It is then obliged to proceed, unless it is impossible, according to the modality not chosen by the purchaser. »
art. L217-10 of the consumer code: "If the repair and replacement of the property are impossible, the purchaser can return the property and be refunded the price or retain the property and make a part of the price. The same option is open to him: 1 ° if the solution requested, proposed or agreed pursuant to article L. 217-9, cannot be implemented within one month following the buyer's claim; 2 ° or if this solution cannot be a major drawback for the latter given the nature of the property and the use it seeks. However, the resolution of the sale cannot be pronounced if the lack of conformity is minor. »
art. L217-11 of the consumer code: "the application of the provisions of articles L. 217-9 and L. 217-10 shall take place at no cost to the purchaser. These same provisions do not preclude the allocation of damages. »
art. L217-12 of the consumer code: "the action resulting from the lack of conformity is prescribed by two years from the issuance of the property."
art. L217-13 of the consumer code: "the provisions of this section shall not deprive the purchaser of the right to exercise the action resulting from the defective defects as it results from articles 1641 to 1649 of the civil code or any other action of a nature contractual or extracontrcurrent law. »
art. 1641 of the civil code: "the seller shall be liable for the hidden defects of the sold thing which make it unfit for the use to which it is intended, or which so diminish such use as the purchaser would not have acquired, or would have given only a lesser PR IX, if he had known them. »
Art. 1642 of the civil code: "the seller is not liable for any apparent defects which the purchaser has been able to convince himself."
art. 1643 of the civil code: "he is bound by latent defects, even if he has not known them, unless, in this case, he has stipulated that he will not be obliged to any guarantee."
art. 1644 of the civil code: "in the case of articles 1641 and 1643, the purchaser has the choice to return the item and to be returned the price, or to keep the thing and to be returned part of the price."
art. 1646 of the civil code: "If the seller was unaware of the vices of the thing, he will only be obliged to return the prize, and to reimburse the purchaser for the costs incurred by the sale."
art. 1648 of the civil code: "the action resulting from the latent defects must be brought by the purchaser within two years from the discovery of the defect. (...) »
In the event of an event of force majeure preventing the execution of these GTC, Gauthier Paris informs the customer within fifteen (15) days from the occurrence of this event, by mail or by registered letter with acknowledgement of receipt . Expressly, are considered as cases of force majeure or fortuitous cases, in addition to those usually retained by the jurisprudence of the French courts and tribunals, total or partial strikes, lockout, riot, boycotts or other actions of a character industrial or commercial disputes, civil disorder, insurrection, war, terrorist act, bad weather, epidemic, blocking of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes in marketing forms, computer failure, telecommunications blocking, including wired or wireless telecommunications networks, and any other case independent of the will of the parties preventing the normal execution of the contractual relationship. All the obligations of the parties are suspended for the duration of the event of force majeure, without compensation. If the event of force majeure is extended for more than three (3) months, the transaction concerned may be terminated at the request of Gauthier Paris or the client without compensation on either side. Failure to pay by the client cannot be justified by a case of force majeure.
XI. PARTIAL INVALIDITY
If one or more stipulations of these GTC are held for invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other stipulations shall keep all their strength and scope.
No tolerance, inaction or inertia of Gauthier Paris shall be construed as waiving his rights under the terms of the GTC.
XIII. MEDIATION-APPLICABLE LAW-COMPETENT JURISDICTION
The sale of the products is subject to French law.
In the event of an unsolved complaint by the customer service, and in accordance with article L612-1 of the consumer code, the customer may use the MEDICYS mediation service for free, to which Gauthier Paris is a member, electronically to the address https://app.medicys.fr/or by post: MEDICYS – 73 Boulevard de Clichy – 75009 Paris. The Ombudsman's service may be seized for any consumer dispute whose settlement would not have been successful.
The client may also contact the dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/.
In the absence of amicable resolution, any dispute relating to the interpretation of the GTC, the execution or breaking of a sale, the interpretation, execution or termination of the present is subject, in the absence of an amicable agreement, to the legally competent courts.
It is recalled that the secrecy of the correspondence is not guaranteed on the Internet and that it is up to each Internet user to take all appropriate measures in order to protect his own data and/or software from the contamination viruses circulating on the Internet.
Gauthier Paris SAS, with a capital of 25000.00 €, registered in the Paris trade and companies register under number 843 790 742, whose registered office is 15 rue des Saints-Pères, 75006 Paris
The Director of the publication is Amaury Delmas, legal representative of Gauthier Paris.
III. DESIGN AND REALIZATION
IV. PERSONAL DATA AND COOKIES
All information in your account is used only as part of your business relationship with www.gauthierparis.com. This information is never shared with third parties or resold.