GENERAL TERMS AND CONDITIONS OF SALE

GENERAL TERMS AND CONDITIONS OF SALE FOR CONSUMER CLIENT

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.fr (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 by hyperlink. These conditions are subject to French law. These GTC are therefore an integral part of the agreement between the Client and the supplier. They are fully enforceable against the Client who declares having read and accepted them, without restriction or reservation, before placing his Order. If you do not accept all the terms and 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 individual acting as a private individual who acknowledges having full capacity to commit when placing the Order and to provide, if necessary, proof of identity and age.

Expressly excluded from the scope of these GTC are persons acting as professionals in the context of their commercial, industrial, artisanal, liberal, or agricultural activity, including if they act on behalf of or for the account of another professional.

All new features and tools that will be 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 the website or access to it 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 (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 his order at the end of the selection process of the product(s) he has chosen.

To purchase one or more products on the site, the Client selects each product and adds it to his cart. Once his selection is complete, he must confirm his cart to proceed to 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 delivery fees. It is then up to the Client to verify and possibly correct the contents of their cart.  It is up to them to carefully read these T&Cs before confirming the entire Order.

This confirmation of the Order after checking the cart and reading the T&Cs (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 with the payment of their Order.

After confirming their Order and making the payment, the Client receives, at the email address provided to create their account, a confirmation message from the supplier. This message contains, in PDF format:

- The summary of their order (selected products, price, terms, and delivery fees);

- The precise identification of the supplier and their activity;

- The Order number;

- The terms, conditions, and withdrawal form;

- The present T&Cs in PDF format.

In case of non-receipt of the Order confirmation, it is recommended that the Client contact the supplier via the contact form available on the site.   

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 also sent electronically as these documents can be used as proof of the Contract.

The supplier reserves the right to refuse any Order for any legitimate reason, such as:

- Order not compliant with the T&Cs;

- 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 THE PRODUCTS

The Client 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 client acknowledges that the illustrations, videos, or photos of the products presented for sale do not have contractual value.

The validity period of these sales terms and the availability of the products is specified on the website.

The products are available within the limits of the suppliers' stocks. This availability of the 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 immediately informs the customer by email. The Order is automatically canceled, and the supplier proceeds to refund the full amount paid.

However, if the Order contains other products besides the one that became unavailable, these will be delivered to the Customer, and the delivery fees will not be refunded.

Article 4 – PRODUCT PRICES

It is the one mentioned on the website at the time of Order confirmation.

It can be changed at any time without notice

It does not include shipping, transportation, and delivery costs to the delivery address.

VAT - CUSTOMS DUTIES AND SIMILAR:

The products ordered by the Customers 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 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 Customer.

The Customer is solely responsible for import VAT when clearing the product through customs 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 required that are the responsibility of the Customer.

Indeed, when purchasing, the Customer is the importer of the purchased product as the recipient of the product.

Therefore, they are particularly responsible for the import and customs clearance processes of the product with local customs offices. Depending on the price of their order, they may be required to pay customs duties (for products with a customs value exceeding 150 €).

The Customer is solely responsible for customs duties when clearing the product as the effective recipient of the merchandise. These customs duties, which are not billed to the Customer by the supplier, are not the responsibility of the supplier. Therefore, the latter cannot be held liable for the reimbursement of these duties. 

The Customer is invited to inquire about these aspects with the competent tax and customs authorities before placing an order.

Article 5 – PAYMENT METHODS

The payment of the Order is made in cash after Order confirmation.

Several payment methods are offered to the Customer:

Payment by credit cards  attached to a banking institution located in France or by international bank cards (Visa, MasterCard, American Express, and Maestro). The Client certifies that he/she is the holder of the necessary authorizations to pay with the bank card used. He/she expressly acknowledges that the communication of his/her bank card number constitutes an irrevocable authorization to debit his/her 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 communicated bank card information benefits from SSL encryption. 

Payment by Paypal up to a limit of one thousand Euros (1,000 €). It is emphasized that in the case of using this payment method, Paypal's General Terms of Use are in addition 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 case of an attempt to fraudulently use the purchase vouchers and/or promotional codes, the supplier may proceed with the simple and 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 the said Order.

The supplier reserves the right to suspend any payment method at any time, especially if a payment service provider no longer offers its services.

The supplier reserves the possibility of ensuring that no person illegally uses a third party's bank card without their knowledge. To this end, he/she may request the Client to provide a copy of their identity document, proof of residence, and a copy of the bank card used for payment while respecting data confidentiality. The order will only be validated after receipt and verification of the sent documents.

Article 6 - DELIVERY

Before the Order validation, the supplier provides the Client with information regarding the different delivery methods, as well as their respective costs and deadlines. 

The supplier makes every effort to ensure that the product(s) is/are delivered on the scheduled delivery date. In case of difficulty, the supplier commits to quickly communicate with the Client to inform them and seek an adequate solution together.

Delivery costs are borne by the Client and are included in the price requested at the time of the Order.

Delivery is made, at the Client's choice, either to the address mentioned by them during the order or, if applicable, to a pickup point chosen by the Client from the list of points offered to them.   The supplier cannot be held at fault in case of delay or failure to deliver due to incomplete or incorrect information provided by the Client.

Upon receipt of the product, the Client agrees to verify that it is complete and not damaged.

In case of any anomaly, the Client must contact the supplier within three days (excluding holidays) following the date of receipt of the product.

Article 7 – LEGAL WARRANTIES

The supplier is responsible for the lack of conformity of the goods in accordance with the provisions of articles L.217-4 and following of the Consumer Code as well as hidden defects in accordance with articles 1641 and following of the Civil Code.

When acting under the legal warranty of conformity (as provided by articles L.217-4 and following of the Consumer Code), the Client:

- benefits from a period of 2 years from delivery to act;

- can 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 exempt from providing proof of the existence of the lack of conformity during the 24 months following the delivery of the goods if the product is new, and during the 6 months following the delivery if the product is sold second-hand.

The Client can also decide to act under the legal warranty against hidden defects as per article 1641 of the Civil Code, the Client can choose between the 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. They are also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when this has been charged to them by the contract or carried out under their responsibility. »

L.217-5 Consumer Code:

« The good is in conformity with the contract:

1° If it is suitable 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 presented to the buyer in the form of a sample or model;

- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;

2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and that the latter has accepted. »

L.217-9 Consumer Code:

"In case of lack of conformity, the buyer chooses between repair and replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice leads to a cost that is manifestly disproportionate compared to the other option, considering the value of the good or the importance of the defect. The seller is then obliged 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 prescribed by two years from the delivery of the good."

1641 of the Civil Code

"The seller is bound by the guarantee for hidden defects of the item sold that render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if they had known about 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 on consumption).

In accordance with article L 121-20 of the Consumer Code, the Client has the right to freely withdraw within a period of fourteen (14) calendar days from the date of receipt of their Order. In the case of an Order of several products, the period starts from the receipt of the last product

In case of exercising the right of withdrawal within the aforementioned period, the price of the purchased product(s) and the shipping costs will be refunded, the return costs remaining the responsibility of the Client.

To exercise their right of withdrawal, the Client must inform the supplier by sending a statement devoid of ambiguity expressing their intention to withdraw within the 14-day period mentioned above and indicating the name and references of the product, the date of the order and receipt of the product, the order number, the number and address of the Client, and in 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 notices" and/or "contact" section of the site.

The Client has a period of 14 days from sending the notification of their withdrawal to return the product to the supplier in its original packaging, with return costs remaining the exclusive responsibility of the Client. 

The products must be returned in their original and complete condition (packaging, accessories, instructions, etc.) to allow the supplier to resell them. In case of receipt of opened, used, incomplete, damaged, or soiled products, the supplier will not proceed with 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 it becomes aware of the exercise of the right of withdrawal. However, it may only refund the Client upon receipt of the returned product if it has been received later.

This refund will be made using the same payment method that the Client used to pay for the Order, unless expressly agreed otherwise by the Client for 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 sold products.

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 GTC.

Article 10 - FORCE MAJEURE

The supplier cannot be held liable for non-performance of its obligations under these terms in the event of a fortuitous event or force majeure that would prevent its 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 stated herein, the supplier can in no way be held liable in the event of losses or damages due to inappropriate use of the product(s) by the Client, including in particular unauthorized modification or alteration of the product(s) by the supplier.

Article 12 – ACCOUNT SUSPENSION – TERMINATION

The supplier reserves the right to suspend or terminate a Client's account who contravenes the provisions of the GTC, or more generally 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 later or create a new account on the Site without the prior authorization of the supplier.

Article 13 – ARCHIVING – EVIDENCE

Unless proven otherwise, the information recorded by the supplier constitutes proof of all transactions.

During 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 proof of communications, orders, payments, and transactions between the Client and the supplier. They can 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 to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the civil code. This information can be produced as proof of the contract.

The Client will have access to the archived items upon simple request to the email address listed in the "legal notices" or "contact" section of the site.

Article 14 - NULLITY AND MODIFICATION OF THE GTC

If any provision of these GTC is null, it will be deemed unwritten, but 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 their 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 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 any 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:  http://ec.europa.eu/consumers/odr/main