The present general conditions of sale are concluded between:
EURL GABRIELLE
A one-person limited liability company with capital of €25,000
with registered office at 27A rue de la liberté, Villeneuve d'Ascq (59650), France
Tel: +33 (0)3 61 97 06 05
E-mail: contact@gabrielle-paris.com
Intra-Community VAT: FR 81 818438590
RCS : 818 438 590
Hereinafter referred to as "The Seller".
OF THE ONE PART,
and :
Any person wishing to make a purchase via the Vendor's website at https://www.gabrielle-paris.com/,
Hereinafter referred to as "The Customer".
ON THE OTHER PART.
ARTICLE 1. PURPOSE
The purpose of these General Terms and Conditions of Sale is to define the contractual relationship between the Vendor and the Customer, and the conditions applicable to any purchase made via the Vendor's merchant site https://www.gabrielle-paris.com/, hereinafter referred to as "the Site".
By virtue of these General Terms and Conditions of Sale, the Customer agrees not to make any purchase for resale, within the meaning of article L 110-1 of the French Commercial Code.
The Customer must be at least 18 years of age and have the legal capacity or parental authorisation to place an order on the Site.
The purchase of a product via the Site implies full and complete acceptance by the Customer of these General Terms and Conditions of Sale. These shall prevail over any other general or special conditions of the Customer.
The Vendor reserves the right to modify these General Terms and Conditions of Sale at any time. However, it is agreed that the Conditions applicable to the Customer will be those in force on the date of the Customer's order on the Site.
These General Terms and Conditions of Sale are the exclusive property of the Seller. Any reproduction, even partial, is strictly prohibited.
ARTICLE 2. CONDITIONS OF PURCHASE
- Product description
The products offered are presented on the Seller's Site.
The photographs that may accompany the presentation of the products are as accurate as possible, but cannot ensure a perfect similarity with the product offered and, in some cases, present suggestions for presentation in which all of the elements making up the photographs are not systematically offered for sale.
It is specified that the products offered comply with the regulations in force relating to the composition of products, in the sense that they comply with the health and safety of consumers.
- Price
The prices indicated by the Vendor at the time of the order are in Euros and include VAT at the rate in force on the day of the order. Any change in the rate will be immediately reflected in the price of the products offered.
The Vendor reserves the right to modify its prices at any time, it being understood, however, that the prices shown on the Vendor's site on the day of the order will be the only prices applicable to the Customer.
The prices shown include the cost of processing the order.
The transport and delivery costs applied are those indicated on the site at the time the order is placed.
The sale price is payable as soon as the order is placed.
- Payment methods
Orders may be paid for by the following means:
- by credit card (Carte Bleue, Visa, Eurocard, Mastercard), thanks to the secure server of the CIC Bank, Monetico payment and thanks to the SSL protocol, the Seller offers
a completely secure online payment.
- by Paypal. The Customer's bank card number is therefore only sent to the bank's servers, in a secure environment.
An invoice showing VAT will be sent by the Vendor to the Customer on simple request by the Customer to the Vendor.
- Order Process
It is the Customer's responsibility to ensure the accuracy of the information provided, for which they alone are responsible.
The Vendor will immediately send the Customer confirmation of the order recorded by e-mail.
All of the data supplied and the recorded confirmation shall constitute proof of the transaction.
The Vendor will archive orders and order confirmations on a reliable and durable medium constituting a true copy, in accordance with the provisions of article 1348 of the French Civil Code.
The Vendor's computerised records will be considered by the Parties as proof of communications, orders, payments and transactions between the Parties.
It is specified that the Seller has signed a distance selling contract with its banking institution. The banking transaction is secure and in no way does the Vendor keep any banking information on the Customer.
Finally, it is specified that the Seller reserves the right to refuse any order that is abnormal, particularly with regard to the quantities ordered.
ARTICLE 3. DELIVERY
The Products presented on the Vendor's site can be delivered anywhere in the world.
Deliveries are made to the address indicated by the Customer for this purpose.
The maximum delivery time for a product from the time the order is placed is indicated in the product description before the order is placed.
In the event of a group purchase of several products, the delivery time applicable to the order as a whole corresponds to the longest delivery time indicated for one of these products.
The delivery deadline will be specified in the order confirmation e-mail.
Under no circumstances may the delivery period exceed 30 days.
If the delivery deadline is exceeded by more than seven days and is not due to force majeure, the Customer may cancel the order by registered letter with acknowledgement of receipt, within sixty working days of the date indicated for delivery.
Cancellation of the order will be effective upon receipt by the Vendor of the letter by which the Customer informs the Vendor of his decision, if delivery has not taken place between the sending and receipt of this letter.
The Vendor will reimburse the Customer, by the means of payment of its choice, within a maximum period of thirty days from the date on which the Customer informs the Vendor of the cancellation of the order.
The Customer nevertheless has the right to opt for another method of reimbursement.
ARTICLE 4. PRODUCT UNAVAILABILITY
If the product ordered is not available in stock, the Vendor will inform the Customer by e-mail as soon as possible and the price will be refunded to the Customer within thirty days of payment of the sums paid.
The Customer will then have the option of obtaining a refund (within 30 days of payment of the sums paid) or an exchange of the unavailable product for an equivalent product. In this case, the cost of returning the product will be borne by the Vendor.
ARTICLE 5. RESPONSABILITY
The Vendor may be exonerated from all or part of its liability by proving that the non-performance or improper performance of the contract is attributable either to the Customer, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.
The Vendor may not be held liable in the event of a computer bug occurring during the ordering process, linked to the Customer's Internet connection.
ARTICLE 6. GUARANTEE
All products supplied by the Vendor are covered by the legal warranty set out in articles 1641 et seq. of the French Civil Code.
In addition, the Customer also benefits from the product conformity guarantee provided for in articles L. 211-4 et seq. of the French Consumer Code.
In the event of non-conformity of a product sold, the Customer will have the choice between repairing or replacing the product.
However, if the Customer's choice entails a manifestly disproportionate cost for the Vendor, the Vendor may proceed according to the method of its choice.
If repair and replacement of the product are impossible, the Customer may return the product and have the price refunded.
The price may also be reimbursed if the solution requested by the Customer cannot be implemented within one month of the buyer's complaint.
In all cases, the application of the guarantee for non-conformity of the product will take place at no cost to the Customer.
All claims under this article must be made by post to the following address: 27A rue de la liberté à Villeneuve d'Ascq (59650) or by e-mail to the following address: contact@gabrielle-paris.com
ARTICLE 7. INTELLECTUAL PROPERTY
All elements of the Site, in particular all graphic, sound, textual and video elements, including the underlying technology and the presentation of the products, are the exclusive property of the Vendor.
Consequently, the Customer is formally prohibited from reproducing, representing or distributing, even in part, any particular element that is an integral part of the Vendor's Internet site.
All reproductions and representations of the Site are subject to the Vendor's express prior agreement.
Failure to comply with this obligation constitutes an infringement for which the perpetrator may be held civilly and criminally liable.
Similarly, any process, in particular framing or deep-linking, is strictly prohibited, unless expressly authorised in writing by the Seller.
The name "GABRIELLE" has been registered as a trademark with the INPI (trademark no. 4217432). Consequently, any reproduction of this trademark by the Customer, without the Vendor's authorisation, constitutes an act of infringement liable to criminal and civil prosecution.
The Customer must therefore refrain from any infringement of the "GABRIELLE" trademark. It is strictly forbidden to use or reproduce the name "GABRIELLE", in any capacity whatsoever, and on any medium whatsoever, without the Vendor's prior written consent.
ARTICLE 8. PERSONAL DATA
The Vendor hereby informs the Customer that his/her personal data is recorded and that the Vendor has taken the necessary steps with the CNIL concerning the processing of such data, in accordance with the provisions of the French Data Protection Act no. 78-17 of 6 January 1978.
Customers are hereby informed that their data is processed to enable the Vendor to offer them the various services offered by the Site.
Accordingly, the processing of the Customer's personal data has been declared to the CNIL under the number: [Pending attribution].
In accordance with the provisions of article 27 of the French Data Protection Act of 6 January 1978, the Customer has the right to access, modify, rectify or delete the data collected by simply contacting the Vendor at the following address: 27 A rue de la Liberté, Villeneuve d'Ascq (59650).
The Vendor certifies to the Customer that his/her data is stored in the European Union, and more specifically in France.
The data transmitted by the Customer is not communicated by the Vendor to third parties and is not used for commercial prospecting purposes.
The Customer is informed that his/her connection information and, in particular, the pages consulted and IP addresses are kept for the legal period, i.e. one year.
ARTICLE 9. RIGHT OF WITHDRAWAL
Any Customer, considered to be a consumer within the meaning of the Consumer Code, ordering from the Vendor's Site for non-professional purposes, benefits from a withdrawal period of fourteen days from delivery of the order to return the product to the Vendor for exchange or reimbursement, without penalty, the cost of return in metropolitan France being borne by Gabrielle (excluding products on sale). In the latter case, the return costs shall be borne by the purchaser.
The return must be made by post only, by colissimo suivi, after first contacting the Vendor at the address 27a rue de la liberté in Villeneuve d'Ascq or by email eshop@gabrielle-paris.com, in order to receive a return number.
The product must be returned in its original condition and packaging, new, unworn and unwashed.
Subject to the returned product being in perfect condition, the Vendor will reimburse the Customer, using the means of payment of its choice, within a maximum period of thirty days from the date on which the Customer exercises its right of withdrawal. The Customer is nevertheless entitled to opt for another method of reimbursement.
However, the Customer is hereby informed that the right of withdrawal does not apply to products made to the Customer's specifications, such as made-to-measure products, or to clearance sale products. In these 2 cases, returns are not accepted.
ARTICLE 10. WAIVER AND TOLERANCE
It is formally agreed between the co-contracting parties that any tolerance or waiver by one of the Parties in the application of all or part of the undertakings provided for herein, regardless of the frequency or duration thereof, shall not be deemed to constitute a modification hereof, nor to generate any right whatsoever.
More specifically, no delay or inaction, abstention or omission on the part of the Seller in exercising any of its rights hereunder shall prejudice said rights, nor shall it be deemed to imply a waiver on its part of its rights.
ARTICLE 11. INTEGRALITY
These general terms and conditions express the entirety of the obligations of the parties.
No indication or document may give rise to obligations hereunder unless it is the subject of an amendment signed by both parties.
No correspondence prior to the signing of these terms and conditions may give rise to obligations under the said contract.
ARTICLE 12. PARTIAL INVALIDITY
If any particular provision hereof is held to be invalid, or declared invalid by a final and binding decision of a competent court, the other provisions shall remain in full force and effect, with the exception of the cancellation of Articles 3, 7 and 8, which are considered by the parties to be essential.
ARTICLE 13. APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions of Sale are governed by French law.
In the event of a dispute arising between the parties as a result of the performance or interpretation of these General Terms and Conditions of Sale, the parties agree, prior to any legal action, that any claim will be subject to prior formal notice by registered letter with acknowledgement of receipt.
Any party may then, after a period of ten days following the sending of the letter referred to in the previous paragraph, initiate any useful proceedings.