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") determine the rights and obligations of the parties within the framework 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 referenced herein and/or accessible by hyperlink. These conditions are subject to the laws of the State of Wyoming, United States. These GTC therefore form an integral part of the agreement between the Client and the supplier. They are fully binding on the Client, who declares having 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 a natural person of legal age acting as a private individual who acknowledges having full capacity to commit when placing the Order and, where appropriate, to provide proof of their identity and age.
Persons acting as professionals within the scope of their commercial, industrial, artisanal, liberal, or agricultural activity, including if they act on behalf of or for another professional, are expressly excluded from the scope of these GTC.
All new features and tools that are added later 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 or access to the website after the posting of any changes constitutes acceptance of those changes.
This site is hosted by Shopify Inc. 126 York St. Ottawa, Ontario, K1N 5T5, Canada.
Article 2 – ONLINE CONTRACTING
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 Client is redirected to a page containing a summary of the selected products, the corresponding prices, the terms and shipping fees. It is then up to the Client to check and, if necessary, correct the contents of their cart. It is up to the Client to carefully read these General Terms and Conditions of Sale before confirming the entire Order.
This validation of the Order after checking the cart and reading the General Terms and Conditions of Sale (second click) constitutes the conclusion of the Contract and the Client acknowledges that the second click entails a payment obligation on their part.
The Client is then redirected to the payment page. They can choose between the different payment methods offered and proceed to pay for their Order.
After validating their Order and making the payment, the Client 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 shipping fees);
- The precise identification of the supplier and their business activity;
- The Order number;
- The terms, conditions, and withdrawal form;
- These General Terms and Conditions of Sale in PDF format.
If the Client does not receive the Order confirmation, it is recommended that they contact the supplier via the contact form available on the website.
The Client then receives a purchase invoice sent electronically, which the Client expressly accepts.
It is advised that the Client keep this confirmation message and the purchase invoice, which is also sent electronically, since these documents may be used as proof of the Contract.
The supplier reserves the right to refuse any Order for any legitimate reason, including for example:
- Order not compliant with the General Terms and Conditions of Sale;
- Quantities ordered not corresponding to normal use by an individual;
- Suspicion of fraud on the Order.
Article 3 - INFORMATION ON THE CHARACTERISTICS AND AVAILABILITY OF PRODUCTS
The Client is informed in French on the website about the essential characteristics of the goods and their price, as well as the conditions of use of the product.
The client acknowledges that the illustrations, videos, or photos of the products offered for sale have no contractual value.
The duration of the validity 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 will be automatically cancelled and the supplier will proceed with a full refund of the amount paid.
However, if the Order contains other products besides the one that became unavailable, those will be delivered to the Client and the shipping costs will not be refunded.
Article 4 – PRODUCT PRICES
It is the price indicated on the site at the time of Order confirmation.
It may be changed at any time and without notice
It does not include shipping, transportation, and delivery costs of the products to the delivery address.
VAT - CUSTOMS DUTIES AND SIMILAR CHARGES:
Products ordered by Clients are imported from countries outside the European Union and the sale is carried out under "ex works" conditions, their price is indicated in Euros excluding VAT and customs duties
The price of the products 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 responsible 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, which 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.
Therefore, in particular, the Client is responsible for the import and customs clearance processes of the product with the local customs offices. Depending on the value of the order, the Client may be required to pay customs duties (for products with a customs value exceeding €150).
The Client is solely responsible 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 billed to the Client by the supplier, are not the responsibility of the supplier. The supplier therefore cannot be required to refund 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 Order confirmation.
Several payment methods are offered to the Client:
Payment by international bank cards (Visa, MasterCard, American Express). The Client certifies that they hold 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 products ordered. The amount will be debited at the time the Order is confirmed.
Payments by bank card are made via a secure payment platform and the bank card information provided benefits from SSL encryption.
Payment by Paypal up to a limit of one thousand Euros (1,000 €). It is emphasized that in the event of using this payment method, the Paypal Terms and Conditions of Use are added to these GTC.
Payment by vouchers and/or promo codes : Vouchers and/or promotional codes issued by the supplier may be used to pay for all or part of the Order. In the event of attempted fraudulent use of vouchers and/or promotional codes, the supplier may proceed with the outright cancellation of the Order.
In case of payment refusal by officially accredited organizations or in case 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, especially in the event that a payment service provider no longer offers its services.
The supplier reserves the right to ensure that no one illegally uses a third party's bank card without their knowledge. To this end, they may ask the Client for a copy of their identity document, a proof of address, as well as a copy of the bank card used for payment, in compliance with data confidentiality. The order will only be validated after receipt and verification of the documents sent.
Article 6 - DELIVERY
Before confirming the Order, the supplier provides the Client with information concerning the different delivery methods as well as their respective costs and deadlines.
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 due 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 – WARRANTIES
The supplier undertakes to deliver a product that conforms to the description on the Site and is free from major defects affecting its normal use.
In the event of a defect, damage upon receipt, or non-conformity of the product, the Client is invited to contact Customer Service as soon as possible to allow for an appropriate solution (replacement, refund, or other solution as the case may be).
These warranties apply independently of any contractual warranty and do not affect the mandatory rights that the consumer may benefit from under applicable laws.
Article 8 – RIGHT OF WITHDRAWAL
The Client has the right to withdraw freely within a period of thirty (30) calendar days from the date of receipt of their Order. In the case of an Order for several products, the period runs 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 30-day period mentioned above, indicating the name and reference of the product, the date of the order and 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 site.
The Client has a period of 30 days from sending the notification of their withdrawal 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. If products are received opened, used, incomplete, damaged, or soiled, the supplier will not make 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 30 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 at a later date.
This refund will be made using the same means of payment as that used by the Client to pay for the Order, unless the Client expressly agrees to another means of payment.
Article 9 - INTELLECTUAL PROPERTY RIGHTS
Unless specifically stated otherwise on a product page, the sale of products on the site does not result in any transfer of intellectual property rights to 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 General Terms and Conditions of Sale.
Article 10 - FORCE MAJEURE
The supplier cannot be held responsible for any failure to fulfill its obligations under these terms in the event of a fortuitous event or force majeure that prevents their execution. The supplier will notify the client of the occurrence of such an event as soon as possible.
Article 11 – DISCLAIMER OF LIABILITY
Notwithstanding any contrary provision set forth herein, the supplier can in no case be held liable for any loss or damage resulting from inappropriate 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 breaches the provisions of the General Terms and Conditions of Sale, 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 will not be able to order subsequently or create a new account on the Site without the prior authorization of the supplier.
Article 13 – ARCHIVING – EVIDENCE
Unless proven otherwise, information recorded by the supplier constitutes proof of all transactions.
For each Order, the Order summary is sent by email to the Client and archived on the supplier's website.
The archiving of communications between the supplier and the Client 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 between the Client 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 applicable legal provisions. This information may be produced as evidence of the contract.
The Client will have access to the archived items upon simple request to the email address listed in the "legal notice" or "contact" section of the website.
Article 14 - NULLITY AND MODIFICATION OF THE GTC
If any provision of these GTC is null and void, it shall be deemed unwritten, but this will not result in the nullity of all the contractual provisions.
Any tolerance by the supplier in the application of all or part of the commitments made under these GTC, regardless of the frequency and duration, shall not constitute a modification of the GTC, nor generate any right for the Client.
Article 15 – APPLICABLE LAW AND DISPUTE RESOLUTION
These GTC are governed by the laws of the State of Wyoming, United States.
Nothing in these GTC shall have the effect of depriving the consumer of the mandatory rights they enjoy under the applicable laws of their country of residence.
In case of any difficulty, Customer Service is at your disposal to find an amicable solution.
In the absence of an amicable solution, any dispute relating to these GTC will be submitted to the competent courts, in accordance with the applicable law.
