SALES TERMES AND CONDITIONS OF GABY LF WEB SITE
These ‘Terms and Conditions’ are edited and published by GABY LF SAS, a French company with its registered office at 22, rue Delabordère 92 200 Neuilly sur Seine - France and registered with the Registry of Commerce and Companies under number Paris 752 506 808.
GABY LF SAS is engaged in the design and manufacture of high quality jewellery products, leather goods and fashion items.
These « Terms and Conditions » apply to legal transactions involving products sold to customers by the company
GABY LF SAS from its online shop.
These ‘Terms and Conditions’ are intended to define the terms and conditions under which the company GABY LF SAS offers and sells products or offers its services to its customers.These terms and conditions shall prevail over all other conditions contained in any document, unless prior written consent.
2. Acceptance of Terms and Conditions
The customer acknowledges having read, at the time of entry of the Order, the present general conditions of sale and expressly accepts them without reservation.
These general conditions of sale govern the contractual relationship between the company and the client, with both parties accepting them without reservation.
3. Products and Services:
The majority of products and services offered by the company to its customers are immediately available unless otherwise noted. Information about the delivery time is shown in Section 5 of this document.
In addition, all products sold or services offered by the company will not necessarily be available online.
The customer can place an order online on this website from the online shop.
NOTE : A customer account must be created prior to any order being placed
The order can be registered on the site if the customer is clearly identified by the entry of his client number and password, which are strictly personal.
All customers wishing to place an order must follow the registration procedure to obtain a customer number.
These details should remain confidential. In the case of loss or forgetfulness of this information, the customer should contact GABY LF SAS by completing the contact form on the website.
The order cannot be completed until all required information is provided, including information about the identity of the customer, place of delivery, payment terms.
In all cases, once the client has provided their credit card number and the final validation of the order validate proof of the completeness of said order in accordance with the law of 13th March 2000 and will guarantee the amount of this order will be issued to the company.
However, in case of fraudulent use of their credit card, the Customer is required to contact GABY LF SAS Customer Services by emailing email@example.com calling the following phone number: +33 (0)6 15 94 07 87.
The records safely stored in the company’s computer systems will be considered proof of communications, orders and payments between the parties.
It is expressly agreed that, without error on the part of GABY LF SAS, the data stored in the information system has probative value when refering to orders placed by the Customer. Data on computer or electronic evidence is valid under the same conditions and with the same probative force as any document created, received or retained in writing.
Purchase orders and invoices are stored in a reliable and sustainable manner in accordance with Article 1348 of the Civil Code.
Any order implies acceptance of prices and also the description of the products or services available for sale.
Any dispute of this point will occur in the context of a possible exchange and guarantees mentioned below.
GABY LF SAS endeavours fulfill all received orders on the website as much as availability allows. If the product is unavailable the customer will be notified.
The company will confirm the client's order by sending a confirmation message to the email address that has been provided by the client. The sale will be completed only after the order confirmation has been sent.
GABY LF SAS reserves the right to refuse or cancel any order placed by a particular client if the client is insolvent or if a previous order has been defaulted or if there had been a previous dispute over payment.
The company, GABY LF SAS cannot be held responsible for errors made by the customer in the name and address of the recipient of the Order (delivery address, billing address in particular) and delays in delivery or failure to deliver the Products ordered that these errors may result in.
After confirmation of the order and subject to full payment of the goods and services ordered, the company will ship the products the customer has ordered to the delivery address within the specified form.
All products set out in the order are intended for the personal use of the customer or the recipient whose name is mentioned in the order.
If necessary, the customer agrees to pay upon receipt, all taxes, duties, and other charges present and future due for delivery of the products themselves. The company cannot be liable for these additional costs.
Resale of the products is strictly forbidden in partial or in full.
GABY LF SAS specifies the estimated time of delivery .This period is indicative and may be modified. In such a case, GABY LF SAS will inform the client.
In case of late delivery that exceeds ten (10) days, the Customer may, if he wishes, except in cases of force majeure, terminate the contract of sale by registered letter with a record of the receipt. However, this right must be exercised within 15 (fifteen) working days from the date of original delivery.
Upon receipt of the products, the customer or consignee should check the contents and condition of the goods supplied.
In the event that one or more of the products ordered is missing or damaged, the customer or the recipient must make a claim to the company, at the time of delivery.
In case of defects, the customer has the right to return under the conditions laid down by French law.
In the event that the Customer wishes that the Products be shipped to different addresses, the customer will be charged accordingly.
The customer has a legal deadline from the date of receipt of the products to return them to the company for an exchange or refund. In this case, the customer must return the products, intact, with all accessories, instruction manuals and documentation to the following address:
GABY LF SAS 22, rue Delabordère 92 200 Neuilly sur Seine - FRANCE
Email : firstname.lastname@example.org
In the case of exercising the right of withdrawal, GABY LF SAS will be certain to reimburse the sums paid by the customer at no charge, except for the return shipping costs.
Repayment is due within a maximum of 30 days.
All prices are quoted in euros (€) and include taxes (Value Added Tax) applicable on the date of the order.
Any change in the applicable VAT rate will be reflected in product prices. Prices cannot be changed once the customer has placed their order. Similarly, if one or more tax or contribution, has to be created or modified, up or down, this change will be reflected in the selling price of the items presented on the website and related documents. The price of items ordered on the site and the date of the order in question are authentic.
The prices indicated in the product description do not include shipping fees.
The price indicated in the order confirmation is the final price including all taxes and VAT. This price includes the price of the Products, handling, packaging and storage of products, freight and commissioning.
The price charged to the customer is the price indicated on the order confirmation sent by the company.
The product price is payable by any method of payment offered on the site on the day the order is placed.
Once the order has been approved by the customer it will be considered effective when the secured bank payment center has given its approval of the transaction and, if necessary, after acceptance of risk management by the insurer.
GABY LF SAS will not be held liable for damages of any kind, whether tangible or intangible, that may result from any misuse of the products.
All items can be exchanged or refunded unless the customer is notified otherwise. For example non-refundable products will have been customized on request. The customer’s refund/exchange request must be made within 15 days from the date of receipt.
In the event that the new order is a higher amount, the Customer must include with the application the receipt stating the amount previously paid to determine the balance and pay the remainder. If the price of the new order is lower GABY LF SAS will refund the difference. This reimbursement will be made by bank transfer on the basis of bank details provided by the customer on their exchange request.
In all cases, requests for exchange or refund must be made by post to the registered address of GABY LF SAS .
GABY LF SAS cannot be blamed for simple errors or omissions that may occur despite all precautions taken in the presentation of its products.
Similarly, GABY LF SAS cannot be held liable for any inconvenience or damage arising from the use of the Internet, including a break in service, external intrusion or presence of computer viruses.
In case of difficulties arising in the implementation of this contract betweem the client and the company, GABY LF SAS reserve the right, before any legal action, to seek an amicable solution.
In all cases GABY LF SAS cannot be held responsible for non-compliance with regulations and laws in force in the receiving country. Responsibility of the company is always limited to the value of the product in question on the date of sale.
In any event, the customer benefits from the legal guarantee provided in Articles 1625 and the Civil Code.
The customer may contact customer services by phone : +33 6 15 94 07 87 or via email: email@example.com.
11. Duration and Modification of Terms and Conditions :
These conditions apply throughout the duration of the products offered by GABY LF SAS.online.
The company reserves the right to modify or update these Terms at any time without notice, therefore, it is recommended that you refer to them regularly. In case of conflict between the provisions of these general conditions and any changes that would be made in particular to respect the national laws and regulations in force, the changes prevail.
If any provision of this agreement proved invalid under a law in force or if a judicial decision becomes final, it would be deemed null and void, without invalidating the contract or altering the validity of the remaining provisions.
The fact that either party does not claim the application of any provision of the contract or acquiesces in its failure, whether permanent or temporary, cannot be construed as a waiver by that party.
14. Language of the contract and applicable law :
This contract is written in English, the only authentic language in case of dispute, even in the presence of translations which are provided as a convenience only and may have no legal effect, including the interpretation of the contract or the common intention of the parties.
This contract is fully and exclusively governed by French law.
15. Force Majeure :
Any event beyond the control of the parties and that is reasonably impossible to foresee and overcome will be considered an event of Force Majeure. GABY LF SAS cannot be held responsible for delays or failures of its contractual obligations resulting from the occurrence of events beyond its control, such as weather disturbances, absence or suspension of electricity supply, lightning or fire, a decision of a competent administrative authority, war, civil disturbances, acts or omissions of telecommunication operators or other events beyond reasonable control. All such circumstances occurring after the conclusion of the contract and preventing execution under normal conditions of service are considered as grounds for exemption from all or part of the obligations of the parties. As a result, GABY LF SAS cannot be held liable for any service interruptions that result.
16. Intellectual Property :
All elements of the GABY LF SAS website, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents.
They are the exclusive property of GABY LF SAS Any client who has a personal Internet site and wishes to place, for personal use, on its website, a direct link to the GABY LF SAS website, must request written authorization to do so.
In all cases, any unauthorized link must be removed on request of GABY LF SAS
17. Dispute Resolution:
The parties agree to attempt to resolve amicably any dispute which may arise in connection with this agreement, subjecting before any judgment on the merits, the mediation of a selected person that has been agreed upon by the parties, or failing that by the Paris Court on request.
To this end, the parties agree to participate in at least one mediation meeting having delegated to a person with power of decision.
The costs of mediation shall be borne equally by both parties.
Failing agreement at mediation, the court in case of dispute will be the place of residence of the defendant or the place of delivery of the product.
18. Election of domicile
For the purposes of this contract, the parties elect domicile at their respective addresses appearing at the head of this Act in respect of the company GABY LF SAS and the order with respect to the Client. All notices or demands and, more generally, all correspondence may be sent by one party to the other party at the time of this framework contract, and generally in the execution of various application contracts and any amendments shall be sent to the address of the party appearing at the head of this Act in respect of the company GABY LF SAS, unless specifically and expressly derogate from this rule.
19. Legal Information and Privacy:
Sensitive information collected is required for the purposes of distance selling. The information is essential for the processing and delivery of orders, preparing invoices and warranty contracts. Lack of information will void the order.
In accordance to the law ‘and Freedoms’, the processing of personal information has been declared to the National Commission for Informatics and Liberties (CNIL).
The customer has (article 34 of the law of January 6, 1978) a right to access, modify, rectify and delete data concerning him. The customer can exercise this right with the company by writing to GABY LF SAS – 22, rue Delabordère - 92 200 Neuilly sur Seine - FRANCE or by emailing : firstname.lastname@example.org.
In addition, the company GABY LF SAS will not share any information on its customers with third parties.
Paris, June 3rd 2013
Words or expressions below shall have the following meaning:
The company: refers to GABY LF SAS.
means the website of the companyGABY LF SAS on which the Products are presented and sold to customers.
means the sale agreement between the company and the customer on the online shop of the company.
means all goods and services sold by the company on its online shop.
means all operations, security, authorizations and agreements in connection with payment of products ordered
by credit card.
means any user who browses, learns, reserve, control and/or buys a product or service offered on the site.
means any services offered on the site.
means the information provided by Bachet Ltd. which relates to a product for sale on the online shop
means the infrastructure developed by GABY LF SAS as computer formats used on the Internet including data of different types, including text, sound, still and moving images, videos, databases, to be consulted by the client about its products and services.
refers to different network servers located in various places around the world, interconnected using communication networks, and communicating with a specific protocol known as TCP/IP.