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 General Conditions exclusively govern their relationship. GUSTAVE et cie reserves the right to modify the General Conditions from time to time. They will be applicable as soon as they are put online.
If a condition of sale were to fail, it would be considered to be governed by the customs in force in the distance selling sector whose companies are headquartered in France.
Article 1: object
The General Conditions aim to define the terms of sale between GUSTAVE et cie and the User, from placing the order to after-sales services, including payment and delivery.
Article 2 - Products
The products governed by these General 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 reductions applicable on the day of the order.
If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be reflected in the sale 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.
If the password is lost or forgotten, the User may request it again by going to their 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 is validated, the User must accept the General Conditions, choose the address and delivery method, and finally validate the payment method. The contract will be concluded when the User clicks on the button used to confirm the order after having viewed the details thereof and in particular its total price and having had the opportunity to correct any errors.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will arise in the context of the exercise of its right of withdrawal by the User or through the implementation of legal and / or commercial guarantees, if any, below mentioned.
GUSTAVE et cie will acknowledge receipt of the order upon validation by sending an email.
In certain cases, notably default of payment, wrong 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 case of unavailability of a Product ordered the User will be informed by email.
The cancellation of the order of this Product and its possible refund (only the Products available at the time of the order can be subject to a direct debit, as opposed to deferred products), will then be made, the rest of the order remaining firm and definitive.
Article 5 - Payment methods
The User has the choice to pay for his purchases:
• by bank card: Carte Bleue, e-carte bleue, 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 only used by GUSTAVE et cie only for the purposes of carrying out the transaction.
• by check: made payable to SARL BAREM CONCEPT. The reservation number and the customer number must be specified 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 when ordering. Deliveries outside mainland France, Monaco and Corsica are possible by selecting the "International delivery" option.
Orders placed on Friday after 16 p.m. will be processed from Monday morning.
The delivery time is taken into account from the delivery of the package to La Poste.
GUSTAVE & cie makes every effort to dispatch the same day all orders placed before 16 p.m., Monday to Friday. Once the parcel has been dropped off with the Colissimo partner, it is no longer the responsibility of GUSTAVE & 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/
Article 7 - Right of withdrawal: the "Satisfied or reimbursed" guarantee
7.1. Right to retract
All the delivered Products can be the object of a refund except those excluded by the law and carrying a mention in this direction, for example the Products having been the object of a personalization on request of the User, the computer software , Audio or video recording products when the protective blister is removed, etc.
The Products must be in good condition, complete, packed in the original packaging.
The User has a period of 7 days from receipt of the last package of your order to notify your decision of withdrawal to the following email address: firstname.lastname@example.org. You then have to return an item of your order, 15 days from the sending of the notice of withdrawal.
The User can return their Product by La Poste to the address GUSTAVE et cie, SARL BARREM CONCEPT, 2 rue Bénar, 75014 PARIS. The return costs 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 et cie agrees 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 conditions mentioned above.
Article 8 - Guarantees
All Products for sale on the Website benefit from the legal guarantee of conformity (L211-1 and following of the Consumer Code) and the guarantee against hidden defects (articles 1641 and following of the Civil Code), allowing the User to return defective or non-compliant Products delivered.
• Article L211-4 of the Consumer Code: The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been charged to him by the contract or has been carried out under his responsibility.
• Article L211-5 of the Consumer Code: To comply with the contract, the product 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 in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2 º Or have 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: The action resulting from the lack of conformity lapses two years after delivery of the goods.
• Article 1641 of the Civil Code: The seller is bound by the warranty for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which so diminishes this use, that the buyer does not would not have acquired, or would have given a lesser price, if he had known them.
• Article 1648 al 1 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
Article 9 - Liability
GUSTAVE et cie has for all stages of order taking as well as for the stages subsequent to the conclusion of the contract an obligation of result.
Thus, GUSTAVE et cie undertakes to describe with the greatest accuracy the products sold on the Website. However, 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 any inconvenience or damage inherent in the use of the Internet, in particular 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. 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 can be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any way whatsoever.
However, it is possible to download a copy of the documents to 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 personal website and who wishes to place, for personal use, on his website a simple link direct to the home page of the Website, must obligatorily request authorization from GUSTAVE and co.
Article 11 - Personal information
When ordering, personal data will be subject to computer processing.
The collection of your personal data is necessary for us to take into account requests. By indicating his e-mail, the User may 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 06 January 1978, the User has a right of access, rectification and opposition to information concerning him via the Internet (email@example.com) indicating his surname, first name, address and, if possible, customer number.
In addition, through GUSTAVE et cie, the User may be led to receive commercial offers from other companies or organizations.
The user is informed that this automated processing of information, in particular the management of users' email addresses, has been declared to the CNIL under the 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 navigation from the computer on the Website (the pages consulted, the date and time of consultation, etc.) which can be read during subsequent visits by the User. The retention period of this information is thirty (30) days. GUSTAVE et cie informs that the User can oppose the registration of cookies by configuring their 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 litigation, 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 no case does GUSTAVE et cie give any guarantee of compliance with local legislation which would apply to you, as soon as you access the Website from other countries.