GUSTAVE et cie is a trademark registered by SARL Barrem Concept
These general conditions of sale (the “General Conditions”) are concluded between GUSTAVE et cie and any non-commercial natural person (the “User”) wishing to make a purchase on the Website (hereinafter collectively referred to as the “Parties ").
The Parties agree that these Terms and Conditions govern their relationship exclusively. GUSTAVE et cie reserves the right to modify the General Conditions punctually. They will be applicable as soon as they are posted online.
If a condition of sale were to fail, it would be considered to be governed by the usages in force in the distance selling sector of which the companies are based in France.
Article 1 - Object
The General Conditions aim to define the terms of sale between GUSTAVE et cie and the User, from ordering to after-sales services, including payment and delivery.
Article 2 - Products
The products governed by these Terms and Conditions are those appearing on the Website (the "Products"). They are offered within the limits of available stocks.
Article 3 - Prices
The prices of the Products are indicated in Euros all taxes included. They take into account the VAT and any discounts applicable on the day of the order.
If one or more taxes or contributions, including environmental, were to be created or modified, up or down, this change may be reflected in the selling price of the Products on the Website and on the various sales media.
However, a price cannot be changed once the User's order has been confirmed.
Article 4 - The order
4.1 Prior identification of the User
To place an order, the User must identify himself with his email address and password. For any first order, the User must follow an account creation procedure indicated on the Website.
In the event of loss or forgetting of the password, the User may request it again by going to his customer account and clicking on "Forgotten password". He will then receive his password on the email address he provided when registering.
4.2 Registration and confirmation of the order
Once the basket has been validated, the User must accept the General Conditions, choose the address and the delivery method, and finally confirm the payment method. The contract will be concluded when the User clicks on the button allowing to confirm the order after having visualized the details of this one and in particular its total price and having had the possibility to correct any errors.
Any order implies acceptance of prices and descriptions of products available for sale. Any dispute on this point will occur in the exercise of its right of withdrawal by the User or through the implementation of legal and / or commercial warranties, if any, below mentioned.
GUSTAVE et cie will acknowledge receipt of the order as soon as it is validated by sending an e-mail.
In certain cases, in particular non-payment, incorrect address or other problem on the User's account, GUSTAVE et cie reserves the right to block the User's order until the problem is resolved.
In the event of unavailability of a Product ordered, the User will be informed by email.
The cancellation of the order for this Product and its possible refund (only the Products available at the time of the order may be subject to a debit, as opposed to deferred products), will then be made, the rest of the order remaining firm and definitive.
Article 5 - Terms of payment
The User has the choice to pay for his purchases:
• by credit card: Carte Bleue, e-credit card, Visa, Mastercard.
To ensure payment security, GUSTAVE et cie uses the PayPlug secure payment service.
The data relating to the bank cards communicated during your orders are used by GUSTAVE et cie only for the purposes of carrying out the transaction.
• by check: made out to SARL BAREM CONCEPT. It will be necessary to specify the reservation number as well as the customer number on the back of the check. The package will be shipped upon receipt of the check.
Article 6 - Delivery
The Products ordered on the Website can only be shipped territorially in mainland France, Monaco and Corsica to the address indicated during the order. Deliveries outside mainland France, Monaco and Corsica are possible by selecting the "International delivery" option. The price for international delivery is € 15 including tax.
Orders placed on Friday after 16h will be processed from Monday morning.
The delivery time is taken into account from the delivery of the parcel to La Poste.
GUSTAVE et cie makes every effort to ship all orders placed before 16 p.m. the same day, from Monday to Friday. Once the package has been deposited with the Colissimo partner, it is no longer the responsibility of GUSTAVE et cie. Colissimo undertakes to deliver to you within 48 to 72 hours. If this deadline is not respected, you will have to turn against Colissimo by filling out their online form: http://aide.laposte.fr/contact/colissimo/ If you have selected the option “Delivery with Chronopost”, the one -ci undertakes to deliver to you within 24 hours. If this deadline is not respected, it will be necessary to turn against Chronopost by contacting them on the following link: https://www.chronopost.fr/fr/particulier/nous-contacter/ The price for a delivery with Chronopost is 15 € incl.
Article 7 - Right of withdrawal: the "Satisfied or refunded" guarantee
7.1. Right to retract
All the Products delivered may be reimbursed except those excluded by law and bearing a mention in this sense, for example Products that have been the subject of personalization at the request of the User, computer software , Audio or video recording products when the protective blister has been removed, etc.
The Products must be in good condition, complete, packed in the original packaging.
The User has 14 days from receipt of the last package of your order to notify your decision to withdraw to the following email address: email@example.com. You then have to return an item of your order, 15 days from the sending of the notice of withdrawal.
The User can return his Product by La Poste to the address GUSTAVE et cie, SARL BARREM CONCEPT, 2 rue Bénar, 75014 PARIS. The costs of return via La Poste are the responsibility of the User (with the exception of a defective Product upon receipt, or an error during the dispatch of the Product).
GUSTAVE et cie undertakes to reimburse the User who has exercised his right of withdrawal the sums as soon as possible and at the latest within 14 days of receipt of the product by GUSTAVE et cie.
GUSTAVE et cie will reimburse the User for the returned Products, subject to compliance with the above-mentioned conditions.
Article 8 - Guarantees
All Products for sale on the Website benefit from the legal guarantee of conformity (L211-1 et seq. Of the Consumer Code) and the guarantee against hidden defects (articles 1641 et seq. Of the Civil Code), allowing the User to return the Products delivered defective or non-compliant.
• Article L211-4 of the Consumer Code: The seller is required to deliver goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it by the contract or has been carried out under its responsibility.
• Article L211-5 of the Consumer Code: To be in conformity with the contract, the property must:
1 º Be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and have the qualities that the latter presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 º Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
• Article L211-12 of the Consumer Code: Action resulting from lack of conformity lapses two years after delivery of the goods.
• Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer does not. would not have acquired, or would have given a lower price, if he had known them.
• Article 1648 al 1 of the Civil Code: The action resulting from crippling defects must be brought by the purchaser within two years from the discovery of the defect.
Article 9 - Liability
GUSTAVE et cie has an obligation of result for all stages of order taking as well as for the stages subsequent to the conclusion of the contract.
Thus, GUSTAVE et cie undertakes to describe with the greatest accuracy the products sold on the Website. On the other hand, GUSTAVE et cie cannot be held liable in the event that the non-performance of its obligations is attributable either to the unforeseeable and insurmountable fact of a third party to the contract or to a case of force majeure as defined by case law. French.
Likewise, GUSTAVE et cie cannot be held liable for all the inconveniences or damages inherent in the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses.
Article 10 - Intellectual property
All elements of the Website, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents. Likewise, the brands, logos, designs and models appearing on the Website are the exclusive property of GUSTAVE et cie. Their disclosure can in no way be interpreted as granting any license or right to use any of the said trademarks and distinctive elements protected by copyright. They cannot therefore be used under penalty of counterfeiting.
Thus, none of the documents from the Website may be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any way.
However, it is possible to download a copy of the documents on a computer for the personal use of the User and only for non-commercial purposes, provided that the User does not modify the information contained and that he keeps intact all copyrights and other proprietary notices. The modification of these documents or their use for another purpose constitutes an infringement of the intellectual property rights of GUSTAVE et cie.
The User who has a website in a personal capacity and who wishes to place, for personal use, on his site a simple link directing to the home page of the Website, must request authorization from GUSTAVE and cie.
Article 11 - Personal information
When ordering, personal data will be processed electronically.
The collection of your personal data is necessary for us to take requests into account. By indicating his e-mail address, the User will be able to receive a confirmation of his order, but also information on promotional offers and on GUSTAVE et cie events.
In accordance with the Data Protection Act of January 06, 1978, the User has the right to access, rectify and oppose information concerning him via the Internet (firstname.lastname@example.org) by indicating his name, first name, address and if possible, customer number.
In addition, through GUSTAVE et cie, the User may be required to receive commercial proposals from other companies or organizations.
The user is informed that this automated processing of information, in particular the management of users' e-mail addresses, has been declared to the CNIL under number 1835590.
When visiting the Website, GUSTAVE et cie may place a cookie on the User's computer. A cookie does not identify the User; on the other hand, it records information relating to the navigation from the computer on the Internet Site (the pages consulted, the date and time of consultation, etc.) which can be read during subsequent visits by the User. The retention period for this information is thirty (30) days. GUSTAVE et cie informs that the User can oppose the recording of cookies by configuring his browser from the “tools” and “options” menu.
Article 12 - Applicable law and jurisdiction
The General Conditions are subject to French law.
In the event of a dispute, an amicable solution will be sought before any legal action. Failing agreement, the competent court will be that of Dijon.
The Website complies with French law, and in any case, GUSTAVE et cie does not give any guarantee of compliance with the local law which would be applicable to you, as soon as you access the Website from other countries.