GUSTAVE et cie is a trademark registered by SARL Barrem Concept
These general conditions of sale (the "General Conditions") are concluded between GUSTAVE and Co. and any non-commercial physical person (the "User") wishing to make a purchase on the Website (hereinafter 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 - Subject
The General Conditions are intended to define the terms of sale between GUSTAVE and Co. and the User, from ordering to after-sales services, through payment and delivery.
2 Article - 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 can not be modified once the order of the User has been validated.
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 his password. For any first order, the User must follow an account creation procedure indicated on the Website.
In case of loss or forgetfulness of the password, the User may request it again by going to his account and clicking on "Forgotten password". He will then receive his password on the email address that he communicated at the time of registration.
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 delivery method, and finally validate the method of payment. The contract will be concluded when the User clicks on the button to confirm the order after viewing the detail of it and in particular its total price and have had the opportunity 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 default of payment, wrong address or other problem on the account of the User, GUSTAVE et cie reserves the right to block the order of the User until the resolution of the problem.
In case of unavailability of a Product ordered the User will be informed by email.
The cancellation of the order for this Product and its possible reimbursement (only Products available at the time of the order can be subject to a levy, as opposed to deferred products), will then be made, the rest of the order remaining firm and definitive.
Article 5 - Payment terms
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 al uses the PayPlug secure payment service.
The data relating to the bank cards communicated during your orders are only used by GUSTAVE and cie for the sole purpose of carrying out the transaction.
• by check: made payable to SARL BAREM CONCEPT. It will be necessary to specify the number of reservation as well as the number of customer 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 may only be shipped territorially in Metropolitan France, Monaco and Corsica to the address indicated when ordering. Deliveries outside Metropolitan France, Monaco and Corsica are possible by selecting the "International delivery" option.
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 & Co. makes every effort to ship the same day all orders placed before 16h, from Monday to Friday. Once the package is deposited with the partner Colissimo, it is no longer the responsibility of GUSTAVE & Co. Colissimo undertakes to deliver to 48h under 72. If this deadline is not respected, it will be necessary to turn against Colissimo by completing their online form: http://aide.laposte.fr/contact/colissimo/
Article 7 - Right of withdrawal: the guarantee "Satisfied or refunded"
7.1. Right to retract
All Products delivered may be subject to a refund except those excluded by law and marked in this sense, for example Products that have been subject to customization at the request of the User, computer software , audio or video recording products when the protective blister has been removed, etc.
Products must be in good condition, complete, packaged in the original packaging.
The User has a period of 7 days from receipt of the last parcel of your order to notify your decision to retract to the following address: GUSTAVE et al., SARL BARREM CONCEPT, 12 Berbisey street, 21000 Dijon. You then have to return an item of your order, 15 days from the sending of the retraction notification.
The User may return his Product by mail to GUSTAVE et al., SARL BARREM CONCEPT, 12 Berbisey street, 21000 Dijon. 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 when sending the Product).
GUSTAVE and Co. 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 after receipt of the product by GUSTAVE et al.
GUSTAVE and Co. will reimburse the User for returned Products, subject to compliance with the conditions mentioned above.
Article 8 - Guarantees
All Products for sale on the Website benefit from the legal guarantee of conformity (L211-1 and following the Consumer Code) and the guarantee against hidden defects (articles 1641 and following of the Civil Code), allowing the User to return Products delivered defective or non-compliant.
• Article L211-4 of the Consumer Code: The seller is required to deliver a good that conforms to the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it was charged to it by the contract or was 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 fit for the usual expected use of a similar good and, where appropriate:
- correspond to the description given by the seller and possess the qualities which he has presented to the buyer in the form of a sample or a model;
- present the qualities that a buyer can legitimately expect in the light of public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 º Or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, made known to the seller and that the latter has accepted.
• Article L211-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
• Article 1641 of the Civil Code: The seller is bound by the guarantee for reasons of hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish so much this use, that the buyer does not would not have acquired, or would have given a lower price, if he had known them.
• Article 1648 al 1er of the Civil Code: The action resulting from the latent defects must be brought by the purchaser within two years from the discovery of the defect.
Article 9 - Responsibility
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 al can not be held liable in the event that the breach of its obligations is attributable either to the unpredictable and insurmountable event of a third party to the contract or to a case of force majeure as defined by the case law. French.
Similarly, the responsibility of GUSTAVE et cie can not be held liable for all the inconveniences or damages inherent to the use of the Internet, including a break in service, 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. Similarly, the trademarks, logos and designs appearing on the Website are the exclusive property of GUSTAVE et al. Their disclosure shall in no way be construed as granting any license or right of use whatsoever to the said trademarks and distinctive elements protected by copyright. They can not be used under penalty of forgery.
Thus, none of the documents from the Website may be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any way whatsoever.
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 it keeps intact all copyright and other proprietary notices. The modification of these documents or their use for another purpose constitutes an infringement of the intellectual property right of GUSTAVE et al.
Users who have a personal website and who wish to place a simple link for their personal use on their website, which is directly linked to the homepage of the Website, must ask GUSTAVE for their authorization and co.
Article 11 - Nominative Information
When ordering, the personal data will be subject to computer processing.
The collection of your personal data is necessary for us to take requests into account. By indicating his e-mail, the User may receive a confirmation of his order, but also information on promotional offers and events of GUSTAVE et al.
In accordance with the Data Protection Act of 06 January 1978, the User has a right to access, rectify and oppose information concerning him via the Internet (firstname.lastname@example.org) or mail to the following address GUSTAVE et al., SARL BARREM CONCEPT, 12 Berbisey street, 21000 Dijon, indicating his name, first name, address and if possible, customer number.
In addition, through GUSTAVE et al, the User may receive commercial offers from other companies or organizations.
The user is informed that this automated processing of information including the management of users' e-mail addresses has been declared to the CNIL under the number 1835590.
When visiting the Website, GUSTAVE et al 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 Website (the pages consulted, the date and time of consultation, etc.) that may be read during subsequent visits by the User. The shelf life of this information is thirty (30) days. GUSTAVE et al informs that the User may oppose the registration 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 case of 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 under no circumstances does GUSTAVE et al guarantee compliance with the local legislation applicable to you, as long as you access the Website from other countries.