Terms and conditions of sale

Effective 01/06/2017

ARTICLE 1 – SCOPE
These General Terms and Conditions of Sale (“T&Cs”) apply without restriction or reservation to all sales made by the Seller to non-professional buyers (“The Customers” or “The Customer”), wishing to acquire the products offered for sale (“The Products”) by the Seller on the site www.gelle-freres.fr.
The Products offered for sale on the site are the following:

The main characteristics of the Products, particularly the specifications, illustrations and indications of the Products’ dimensions or capacity, are presented on the site http://www.gelle-freres.fr/ which the customer is required to take note of before ordering.
The choice and the purchase of a Product are the sole responsibility of the Customer.
Products are offered within the limit of the available stocks, as specified when placing the order.
These Terms and Conditions are accessible at any time on the site http://www.gelle-freres.fr/ and will prevail over any other document.
The Customer states that he/she has taken note of these T&Cs and accepted them by ticking the box provided for this purpose before the online ordering procedure on the website http://www.gelle-freres.fr/.
Unless proved otherwise, the data recorded in the Seller’s computer system constitutes proof of all the transactions concluded with the Customer.
The details of the Seller are as follows:

Gellé Frères France, simplified joint-stock company
Share capital of €2,402,000
Registered with the Paris Trade and Companies Register under number 809 914 484
19, Avenue de l’Opéra – 75001 Paris
Email: contact@gelle-freres.fr
Téléphone: 0033 4 86 18 61 78
Intracommunity VAT number FR 67809914484

The Products presented on the site http://www.gelle-freres.fr/ are offered for sale in the following territories: metropolitan France (including Corsica).
In case of an order for a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.
For all products shipped outside the European Union and French overseas departments and territories, the price will be automatically calculated exclusive of taxes on the invoice.
Customs duties or other local taxes or import duties or state taxes are likely to be due. They shall be the sole responsibility of the Customer.

ARTICLE 2 – PRICES
The Products are provided at the prices in effect on the site www.gelle-freres.fr, at the time of recording the order by the Seller.
Prices are in Euros, excluding taxes and including taxes.
Prices include possible reductions which may be granted by the Seller on the site www.gelle-freres.fr.
These prices are fixed and cannot be changed during their period of validity but the Seller reserves the right, outside the period of validity, to change prices at any time.
Prices do not include processing, shipping, transport and delivery costs, which cost extra, in accordance with the conditions shown on the site and calculated before the order is placed.
The payment requested from the Customer corresponds to the total purchase amount, including these costs.
An invoice is created by the Seller and sent to the Customer upon delivery of the Products ordered.

ARTICLE 3 – ORDERS
It is the Customer’s responsibility to select the Products he/she wishes to order on the site www.gelle-freres.fr, in accordance with the following terms:
– The Customer chooses the product/s he/she wants to buy.
– He/she checks his/her basket, then confirms it.
– He/she creates his/her own Customer Account.
– The Customer confirms his/her purchase order, his/her delivery address and billing address and enters any comments.
– The Customer chooses the delivery company and the shipping method from the choices offered
– He/she makes a secure online payment.
– The Customer receives an acknowledgement of receipt, sent to his/her inbox
– The Product(s) is/are delivered to the address entered by the Customer.
– The Customer receives the invoice linked to his/her order.
Offers for Products are valid as long as they are visible on the site, within the limit of the available stocks.
The sale will only be considered valid after full payment of the price. It is the Customer’s responsibility to verify the accuracy of the order and to report any errors immediately.
Any order placed on the site www.gelle-freres.fr constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer will be able to follow the progress of his/her order on the delivery company’s website.

ARTICLE 3 A – CUSTOMER SPACE – ACCOUNT
To place an order, the Customer is invited to create an account (personal space).
To do so, he/she must register by completing the form which will be shown on ordering and agrees to provide sincere and accurate information regarding his/her marital status and contact information, including his/her email address.
The Customer is responsible for updating the information provided. It is specified that he/she can change them by logging in to his/her account.
In order to access his/her personal space and the order history, the Customer must identify himself/herself with his/her username and password which will be sent to him/her after registration and which are strictly personal. As such, the Client must not disclose them. If he/she does so, he/she will remain solely responsible for any consequent use.
The Customer may also request to unsubscribe by going to the relevant page when logged in or by sending an email to: contact@gelle-freres.fr. This will be effective within a reasonable time.
In the event of non-compliance with the general conditions of sale and/or use, the site www.gelle-freres.fr may suspend or even close the account of a customer after formal notice has been sent by
email and to which there has been no response.
Any account deletion, for whatever reason, will lead to the deletion of any personal information concerning the Customer.
The Seller cannot be held liable for any event caused by force majeure, resulting in a malfunction of the site or server and subject to any interruption or modification in the event of maintenance.
The creation of an account implies the acceptance of these general terms and conditions of sale.

ARTICLE 4 – CONDITIONS OF PAYMENT
The price is paid by means of secure payment, in the following ways:
– payment by bank card,
– payment by PayPal.
The price is payable outright by the Customer, in full on the day of the order.
Payment data is exchanged in encrypted mode thanks to the protocol defined by the authorised payment service provider for banking transactions carried out on the site www.gelle-freres.fr.
Payments made by the Customer will be considered as final only after actual collection of the sums owed by the Seller.
The Seller will not be obliged to proceed with the delivery of the Products ordered by the Customer if the latter does not pay the price in full in accordance with the conditions indicated above.

ARTICLE 5 – DELIVERIES
Products ordered by the Customer will be delivered in metropolitan France or in the following areas:
– Metropolitan France (including Corsica).
Deliveries take place within 1-5 working days, to the address entered by the Customer when ordering on the site.
Delivery constitutes the transfer to the Customer of the physical possession or control of the Product. Except in special cases or due to the unavailability of one or more Products, the Products ordered will be delivered in a single delivery.
The Seller agrees to do its utmost to deliver the products ordered by the Customer within the time limits specified above. However, these timeframes are given for information purposes only.
If the Products ordered have not been delivered within fifteen (15) days, the Customer may cancel the order within fifteen (15) days after the indicative date of delivery; for any cause other than force majeure or the Customer’s own doing, the sale may be cancelled at the Customer’s written request in accordance with the provisions of Articles L 216-2, L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him/her within fourteen (14) days of the termination of the contract, excluding any compensation or deduction.
In the event of a specific request from the Customer regarding the packaging or transport of the ordered products, duly accepted in writing by the Seller, the related costs will be the subject of a specific additional invoice, having been provided as an estimate previously accepted in writing by the Customer.
The Customer is responsible for checking the state of the delivered products. He/she has a period of 14 days from the date of delivery to make a complaint by email, by sending an email to contact@gelle-freres.fr, along with by all the supporting documents related thereto (particularly photos). After this period and if these formalities have not been complied with, the Products will be deemed to be compliant and free from any apparent defect and no claim can be legitimately accepted by the Seller.
The Seller shall reimburse or replace, as soon as possible and at its own expense, the delivered Products, the defects of which have been duly proved by the Customer, in accordance with the provisions of articles L 217-4 et seq of the French Consumer Code and those provided for in these General Terms and Conditions.
The transfer of risks of loss and deterioration related thereto will only be made when the Customer takes physical possession of the Products. The Products therefore are transported at the Seller’s risk unless the Customer chooses the delivery company himself/herself. In this respect, the risks are transferred at the time of delivery of the product to the delivery company.

ARTICLE 6 – TRANSFER OF OWNERSHIP
The transfer of ownership of the Seller’s Products will be carried out only after full payment of the price by the Customer, whatever the date of delivery of said Products.

ARTICLE 7 – RIGHT TO WITHDRAW
According to the terms of article L221-18 of the French Consumer Code, “the consumer has a period of fourteen (14) days to exercise his/her right to withdraw from a contract concluded at a distance, following a cold call or off-premises, without having to justify his/her decision or bear any costs other than those provided for in Articles L. 221-23 to L. 221-25.
The period referred to in the first subparagraph shall run from the the date of:
1) the conclusion of the contract, for contracts for the provision of services and those mentioned in Article L. 221-4;
2) the receipt of goods by the consumer or a third party, other than the delivery company, designated by him/her, for contracts for the sale of goods. For contracts concluded off-premises, the consumer may exercise his/her right of withdrawal from the conclusion of the contract.
In the case of an order for several products delivered separately or in the case of an order for goods consisting of batches or multiple parts, the delivery of which is staggered over a defined period, the period runs from receipt of the last item or batch or the last part.
For contracts providing for the regular delivery of goods for a specified period, the period runs from the receipt of the first item.
The right of withdrawal can be exercised using the Cancellation Form, on a separate sheet of paper and sent via email. Any statement must be unambiguous and express the will to withdraw. The Customer may also make his/her request by post, addressed to the Seller and sent to the Seller’s postal or mailing address indicated in ARTICLE 1 of the General Terms and Conditions.
Returns are to be made in their original state and must be complete (packaging, accessories, instructions, etc.) to ensure that they can be sold as new, accompanied by the purchase invoice.
Damaged, dirty or incomplete products are not accepted.
The Customer is responsible for return shipping costs.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer in accordance with the conditions provided for in this article.

ARTICLE 8 – SELLER RESPONSIBILITY – WARRANTIES
Products supplied by the Seller benefit from:
– the legal warranty of conformity for defective or damaged Products or for Products which do not match the order,
– the legal warranty against latent defects arising from a defect in material, design or workmanship affecting the products delivered and rendering them unfit for use.

Provisions relating to legal warranties

Article L217-4 of the French Consumer Code
“The seller is obliged to deliver goods in conformity with the contract and is liable for defects of conformity existing on issue. The seller is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the setting up when this falls to him/her according to the contract or was carried out under his/her responsibility.

Article L217-5 of the French Consumer Code
“The product is in conformity with the contract:
(1) If it is suitable for the customary use of similar goods and if required:
– if it corresponds to the description given by the seller and possesses the qualities which he/she has presented to the buyer in the form of a sample or a model;
– if it presents the qualities which a buyer can legitimately expect in view of the public declarations made by the seller, the producer or his/her representative, particularly in advertising or labelling;

(2) Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special purpose sought by the buyer, made known to the seller and which the latter has accepted.”

Article L217-12 of the French Consumer Code
“The action resulting from the lack of conformity is limited to two years from the delivery of the product.”

Article 1641 of the French Civil Code.
“The seller shall be liable for hidden defects in the product sold which render it unsuitable for the purpose for which it is intended or which so diminish such use that the buyer would not have acquired it or would have paid a lower price if he/she had known about them.”

Article 1648 paragraph 1 of the French Civil Code
“Proceedings arising from redhibitory defects must be instituted by the buyer within two years from the discovery of the defect.”

Article L217-16 of the French Consumer Code
“Where the buyer asks the seller, during the course of the commercial warranty granted to him/her at the time of the acquisition or repair of a product, for a repair covered by the warranty, a period of at least seven days is added to the remaining warranty period. This period shall run from the buyer’s request to the seller or when the product in question is made available for repair, if such availability is subsequent to the request for intervention.”
In order to assert his/her rights, the Customer must inform the Seller in writing (by email or post) of the non-conformity of the Products or the existence of hidden defects when discovered.
The Seller shall refund, replace or repair the Products or parts under warranty found to be non-compliant or defective.
The shipping costs will be refunded on the basis of the invoiced price and the return shipping costs will be refunded on presentation of supporting documents.
Refunds, replacements or repairs of Products deemed to be non-compliant or defective will be made as soon as possible and at the latest within 14 days (excluding non-working days) following the Seller being made aware of the non-conformity or hidden defect. This refund can be made by bank transfer or cheque.
The Seller shall not be liable in the following cases:
– failure to comply with the legislation of the country in which the products are delivered, which it is the Customer’s responsibility to check,
– in the event of misuse, use for business purposes, negligence or lack of maintenance by the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
– the photographs and graphics presented on the site are not contractual and the Seller cannot be liable for them.
The Seller’s warranty is, in any case, limited to the replacement or the refund of the Products which are non-conforming or defective.

ARTICLE 9 – DATA PROTECTION
Pursuant to Law 78-17 of 6 January 1978, it is noted that personal data requested from the Customer is necessary for the processing of his/her order and for the preparation of invoices, in particular.
This data may be communicated to the Seller’s partners who are responsible for the execution, processing, management and payment of orders.
The processing of the information communicated through the site www.gelle-freres.fr has been the subject of a declaration to the CNIL, number 2065048 v 0.
In accordance with the national and European regulations in force, the Customer has a right of permanent access, modification, rectification and opposition to the information which concerns him/her.
This right may be exercised in the manner described in the “legal information” section of the site www.gelle-freres.fr.

ARTICLE 10 – INTELLECTUAL PROPERTY
The content of the site www.gelle-freres.fr is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is liable to constitute an infringement of intellectual property rights.

ARTICLE 11 – APPLICABLE LAW – LANGUAGE
These General Terms and Conditions and the operations resulting therefrom are governed by and subject to French law.
These General Terms and Conditions are written in French. If translated into one or more foreign languages, only the French text will be valid in the event of a dispute.

ARTICLE 12 – DISPUTES
For any complaint, please contact Customer Service at the postal or email address of the Seller indicated in ARTICLE 1 of these General Terms and Conditions.
The Customer is informed that, in any case, he/she can resort to mediation via the existing mediation bodies of the sector or to any alternative means of dispute settlement (conciliation, for example) in case of dispute.

In this case, the designated mediator is (pending)

The Customer is also informed that he can use the Online Dispute Resolution platform (RLL):
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

Any dispute concerning buying and selling transactions concluded pursuant to these General Terms and Conditions and which have not been settled amicably with the seller or by mediation will be submitted to the competent courts under the conditions of ordinary law.

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