GENERAL TERMS AND CONDITIONS OF SALE
GENERAL TERMS AND CONDITIONS OF SALE FOR CONSUMER CLIENTS
Article 1 – GENERAL PROVISIONS
These General Terms and Conditions of Sale (“GTC”) set out the rights and obligations of the parties in the context of the online sale of products offered on the website www.giuliaschiaparelli.com (hereinafter referred to as “the site”).
Any Order placed on the site implies prior acceptance of these GTC including the terms, conditions and additional policies referred to herein and/or accessible via hyperlink. These conditions are subject to French law. These GTC therefore form an integral part of the agreement between the Client and the supplier. They are fully enforceable against the Client, who declares that they have read and accepted them, without restriction or reservation, before placing their Order. If you do not accept all the terms and all the Conditions of this agreement, then you must not access the website or use the services offered there.
These GTC apply to any Order placed by an adult natural person acting as an individual who acknowledges having full capacity to commit when placing an Order and to provide, if necessary, proof of their identity and age.
Expressly excluded from the scope of these GTC are persons acting as professionals in the context of their commercial, industrial, craft, liberal or agricultural activity, including if they are acting in the name or on behalf of another professional.
All new features and tools that are later added to this site will also be subject to these GTC. We reserve the right to update, change or replace any part of these GTC by posting updates and/or changes on our website. It is your responsibility to check this page regularly to see if any changes have been made. Your continued use of the website or your access to it after the posting of any modifications constitutes your acceptance of those modifications.
This site is hosted by Shopify Inc. 126 York St. Ottawa, Ontario, K1N 5T5, Canada.
Article 2 – ONLINE CONTRACTING (articles 1369-4 and 1125 to 1127 of the Civil Code)
The sales contract between the buyer and the seller is concluded when the latter validates their order at the end of the selection process of the product(s) they have chosen.
To purchase one or more products on the site, the Client selects each product and adds it to their cart. Once their selection is complete, they must confirm their cart to proceed to the Order (first click).
At this stage, the Customer is redirected to a page containing a summary of the selected products, the corresponding prices, the terms and delivery fees. It is then up to them to check and, if necessary, correct the contents of their cart. They must carefully read these General Terms and Conditions before confirming the entire Order.
This confirmation of the Order after checking the cart and reading the General Terms and Conditions (second click) constitutes the conclusion of the Contract, and the Customer acknowledges that the second click entails a payment obligation on their part.
The Customer is then redirected to the payment page. They can choose between the various payment methods offered and proceed to pay for their Order.
After confirming their Order and making their payment, the Customer receives, at the email address provided when creating their account, a confirmation message from the supplier. This message contains, in PDF format:
- The summary of their order (selected products, prices, terms and delivery fees);
- The precise identification of the supplier and their business activity;
- The Order number;
- The terms, conditions, and the withdrawal form;
- These General Terms and Conditions in PDF format.
If the Order confirmation is not received, it is recommended that the Customer contact the supplier via the contact form available on the site.
The Customer then receives a purchase invoice sent electronically, which the Customer expressly accepts.
It is advised that the Customer keep this confirmation message and the purchase invoice, which is also sent electronically, as these documents may be used as proof of the Contract.
The supplier reserves the right to refuse any Order for any legitimate reason, for example:
- Order not in compliance with the General Terms and Conditions;
- Quantities ordered not corresponding to normal use by a private individual;
- Suspicion of fraud regarding the Order.
Article 3 - INFORMATION ON THE CHARACTERISTICS AND AVAILABILITY OF PRODUCTS
The Customer is informed in French on the site about the essential characteristics of the goods and their price, as well as the conditions of use of the product.
The customer acknowledges that the illustrations, videos or photos of the products offered for sale have no contractual value.
The validity period of the sales price conditions of the products and their availability is specified on the website.
The products are available while stocks last from suppliers. This availability of products is normally indicated on the specific product page.
In the event that a product becomes unavailable after the Order has been confirmed, the supplier will immediately inform the customer by email. The Order is automatically cancelled and the supplier will refund the total amount paid.
However, if the Order contains other products besides the one that became unavailable, these will be delivered to the Client and the delivery fees will not be refunded.
Article 4 – PRODUCT PRICES
It is the one mentioned on the site at the time of the Order confirmation.
It may be changed at any time and without notice
It does not include shipping, transport, and delivery costs of the products to the delivery address.
VAT - CUSTOMS DUTIES AND SIMILAR CHARGES:
Products ordered by Clients being imported from countries outside the European Union and the sale being made under "ex works" conditions, their price is indicated in Euros excluding VAT and customs duties
The product price does not include import VAT, import taxes, or customs duties, which must be paid in addition and are the responsibility of the Client.
The Client is solely liable for import VAT at the time of customs clearance of the product and may be required to pay import VAT.
For all products shipped from a country outside the European Union, customs duties or other taxes or charges may be due and are the responsibility of the Client.
Indeed, at the time of purchase, the Client is the importer of the purchased product as the recipient of the product.
He is therefore particularly responsible for the import and customs clearance processes of the product with local customs offices. Depending on the value of his order, he may be required to pay customs duties (for products with a customs value greater than 150 €).
The Client is solely liable for customs duties at the time of customs clearance of the product as the actual recipient of the goods. These customs duties, which are not invoiced to the Client by the supplier, are not the responsibility of the supplier. The latter therefore cannot be held liable for the reimbursement of these duties.
The Client is invited to inquire about these matters with the competent tax and customs authorities before placing an order.
Article 5 – PAYMENT METHODS
Payment for the Order is made in full after the Order has been confirmed.
Several payment methods are offered to the Client:
Payment by credit cards linked to a banking institution located in France or by international bank cards (Visa, MasterCard, American Express, and Maestro). The Client certifies that they are the holder of the necessary authorizations to pay with the bank card used. They expressly acknowledge that providing their bank card number constitutes irrevocable authorization to debit their account for the price of the ordered products. The amount will be debited at the time of Order validation.
Payments by bank card are made via a secure payment platform and the bank card information provided benefits from SSL encryption.
Payment by Paypal within the limit of one thousand Euros (1,000 €). It is emphasized that in the event of using this payment method, Paypal's General Terms of Use are added to these GTC.
Payment by purchase vouchers and/or promo codes : Purchase vouchers and/or promotional codes issued by the supplier can be used to pay for all or part of the Order. In the event of an attempt to fraudulently use purchase vouchers and/or promotional codes, the supplier may proceed with the outright cancellation of the Order.
In the event of payment refusal by officially accredited organizations or in the event of non-payment of the Order, the supplier reserves the right to cancel said Order.
The supplier reserves the right to suspend at any time any of the payment methods, particularly in the case where a payment service provider no longer offers its services.
The supplier reserves the right to ensure that no one is illegally using a third party's bank card without their knowledge. To this end, they may ask the Client for a copy of their ID, proof of address, as well as a copy of the bank card used for payment, while respecting the confidentiality of the data. The order will only be validated after receipt and verification of the documents sent.
Article 6 - DELIVERY
Before validating the Order, the supplier provides the Client with information concerning the different delivery methods as well as their respective costs and timeframes.
The supplier does everything possible to ensure that the product(s) are delivered on the scheduled delivery date. In case of difficulty, the supplier undertakes to communicate quickly with the Client to inform them and seek an appropriate solution together.
Delivery costs are borne by the Client and are included in the price requested from them at the time of the Order.
Delivery is made, at the Client's choice, either to the address provided by them when ordering or, if applicable, to a pick-up point chosen by the Client from the list of points offered to them. The supplier cannot be held at fault in the event of delay or failure to deliver attributable to incomplete or incorrect information provided by the Client.
Upon receipt of the product, the Client undertakes to verify that it is complete and not damaged.
In the event of an anomaly, the Client must contact the supplier within three days (excluding public holidays) following the date of receipt of the product.
Article 7 – LEGAL WARRANTIES
The supplier is responsible for defects in conformity of the goods in accordance with the provisions of articles L.217-4 et seq. of the Consumer Code as well as hidden defects in accordance with articles 1641 et seq. of the Civil Code.
When acting under the legal warranty of conformity (as provided by articles L.217-4 et seq. of the Consumer Code), the Client:
- benefits from a period of 2 years from delivery to take action;
- may choose between the repair or replacement of the product, subject to the cost conditions provided for by article L.217-9 of the Consumer Code;
- is exempted from having to prove the existence of the lack of conformity during the 24 months following delivery if the product is new, and during the 6 months following delivery if the product is sold second-hand.
The Client may also decide to act under the legal warranty against hidden defects as defined by article 1641 of the Civil Code; the Client may choose between cancellation of the sale or a reduction in price, in accordance with article 1644 of the Civil Code.
These legal warranties apply independently of any contractual warranty.
Reproduction of applicable texts
L.217-4 Consumer Code:
“The seller delivers a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when this has been made his responsibility by the contract or has been carried out under his responsibility.”
L.217-5 Consumer Code:
“The good is in conformity with the contract:
1° If it is fit for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer, or their representative, especially in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is fit for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.”
L.217-9 Consumer Code:
"In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may refuse to proceed according to the buyer's choice if this choice results in a manifestly disproportionate cost compared to the other option, taking into account the value of the goods or the significance of the defect. In that case, the seller is required to proceed, unless impossible, according to the option not chosen by the buyer."
L.217-12 Consumer Code:
"The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods."
1641 of the Civil Code
"The seller is liable for warranty against hidden defects in the item sold which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given a lower price for it, had he known of them."
1648 of the Civil Code
"The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect. [...]"
Article 8 – RIGHT OF WITHDRAWAL (law no. 2014-344 of March 17, 2014 relating to consumer protection).
In accordance with Article L 121-20 of the Consumer Code, the Client has the right to withdraw freely within a period of fourteen (14) calendar days from the date of receipt of their Order. In the case of an Order for several products, the period starts from the receipt of the last product.
If the right of withdrawal is exercised within the aforementioned period, the price of the purchased product(s) and the shipping costs will be refunded, with the return costs remaining at the Client's expense.
To exercise their right of withdrawal, the Client must inform the supplier by sending an unambiguous statement expressing their intention to withdraw within the 14-day period mentioned above, indicating the name and references of the product, the date of the order and the receipt of the product, the order number, the Client's number and address, and, in the case of a request sent in paper form, the Client's signature.
The request must be sent to the supplier by postal or electronic mail to the addresses listed in the "legal notice" and/or "contact" section of the website.
The Client has a period of 14 days from sending the withdrawal notification to return the product to the supplier in its original packaging, with the return costs remaining exclusively at the Client's expense.
Products must be returned in their original and complete condition (packaging, accessories, instructions, etc.) to allow the supplier to resell them. In the event of receiving products that are opened, used, incomplete, damaged, or soiled, the supplier will not provide any refund and may even, if deemed necessary and appropriate, hold the Client liable for depreciation of the product.
The supplier will refund the Client within 14 days following the date on which they became aware of the exercise of the right of withdrawal. However, the supplier may only refund the Client upon receipt of the returned product if it is received later.
This refund will be made using the same payment method that the Client used to pay for the Order, unless the Client expressly agrees to another payment method.
Article 9 - INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specifically stated on a product page, the sale of products on the site does not result in any transfer of intellectual property rights on the products sold.
Trademarks, domain names, products, software, images, videos, texts, or more generally any information subject to intellectual property rights are and remain the exclusive property of the supplier or their original owner. No transfer of intellectual property rights is made through these Terms and Conditions.
Article 10 - FORCE MAJEURE
The supplier cannot be held responsible for failing to fulfill its obligations under these terms in the event of a fortuitous event or force majeure that prevents their execution. The supplier will inform the client of the occurrence of such an event as soon as possible.
Article 11 – DISCLAIMER OF LIABILITY
Notwithstanding any provision to the contrary set forth herein, the supplier can in no case be held liable for any loss or damage resulting from improper use of the product(s) by the Client, including in particular any modification or alteration of the product(s) not authorized by the supplier.
Article 12 – SUSPENSION – TERMINATION OF ACCOUNT
The supplier reserves the right to suspend or terminate the account of any Client who contravenes the provisions of the Terms and Conditions, or more generally the applicable legal provisions, without prejudice to any damages that the supplier may seek.
Any person whose account has been suspended or closed may not place orders in the future or create a new account on the Site, without the prior authorization of the supplier.
Article 13 – ARCHIVING – PROOF
Unless proven otherwise, the information recorded by the supplier constitutes proof of all transactions.
For each Order, the Order summary is sent by email to the Customer and archived on the supplier's website.
The archiving of communications between the supplier and the Customer is carried out on computerized records that are kept for 5 years under reasonable security conditions. These records, on which exchanges are recorded on a reliable and durable medium, are considered as proof of communications, orders, payments, and transactions that have taken place between the Customer and the supplier. They may be produced as evidence of the Contract.
The archiving of communications, the order, order details, as well as invoices is carried out on a reliable and durable medium in order to constitute a faithful and lasting copy in accordance with the provisions of Article 1360 of the Civil Code. This information may be produced as evidence of the contract.
The Customer will have access to the archived items upon simple request to the email address listed in the "legal notice" or "contact" section of the site.
Article 14 - NULLITY AND MODIFICATION OF THE T&Cs
If any of the provisions of these T&Cs is null and void, it will be deemed unwritten, but this will not result in the nullity of all the contractual provisions.
Any tolerance on the part of the supplier, in the application of all or part of the commitments made under these T&Cs, regardless of their frequency and duration, shall not constitute a modification of the T&Cs, nor generate any right for the Customer.
Article 15 – APPLICABLE LAW AND DISPUTE RESOLUTION
These T&Cs are subject to French law.
In case of any difficulty, the Customer Service is at your disposal to find an amicable solution.
If no solution is found directly with Customer Service, the European Commission has set up a dispute resolution platform intended to collect possible consumer complaints following an online purchase. The platform then forwards these complaints to a competent national mediator. You can access this platform by following the link below: http://ec.europa.eu/consumers/odr/main