TERMS OF SALES
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 - 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.
Payment of your order in 3 or 4 times by Credit Card
Payment of your order in 3 or 4 installments by Credit Card from 100 € of purchases up to 3000 € with Oney Bank Oney Bank offers the private customers of its partners a financing solution called "3x 4x Oney". This personalized financing for each customer order allows consumers to pay for their purchases of products and / or services from € 100 to € 3000 in 3 or 4 installments by credit card. This financing can be offered to the customer with or without charge, according to the choice specified by the partner in his sales process, and under the following conditions and modalities: Conditions: This offer is reserved for individuals (major individuals) residing in France and holders of a Visa and MasterCard bank card with a validity date greater than the duration of the financing chosen. Systematic authorization cards, in particular of the Electron, Maestro, Nickel, etc. type, as well as e-cards, Indigo and American Express cards are not accepted. Terms of subscription: After completing your order, all you have to do is click on the "3x 4x Oney payment by credit card button". You are then redirected to our partner's 3x 4x Oney web page displaying the detailed summary of your order and the personalized financing request, which you must then validate. You enter your personal information or, if you have a 3x 4x Oney account, you identify yourself using the login details linked to your 3x 4x Oney account. You read the general terms of payment in several installments to which you wish to subscribe which are provided to you in PDF format so that you can read them, print them and save them before accepting them. You then notify your electronic acceptance by the corresponding checkbox. You acknowledge that the "double click" associated with the checkbox on becoming aware of the general conditions constitutes consent to contract and constitutes an irrevocable and unreserved acceptance of the general conditions of the product. Unless proven otherwise, the data recorded by Oney Bank constitutes proof of all transactions between you and Oney Bank. If you request to benefit from a financing solution offered by Oney Bank, the information relating to your order will be sent to Oney Bank, which will use it for the purpose of studying your request for the granting, management and credit recovery. Oney Bank reserves the right to accept or refuse your request for 3x 4x Oney financing. You have a 14-day withdrawal period to give up your credit. Operation: Payment in 3 or 4 installments by credit card allows you to pay for the order made on our merchant site as follows: - a compulsory contribution, debited on the day of confirmation of the shipment of your order; - two or three monthly payments, each corresponding to a third or a quarter of the order, taken 30 and 60 days later for the 3 times and 30, 60 and 90 days after for the 4 times, which include, in the case of 3x 4x with fees, fees corresponding to 1,45% of the total amount of the order for a 3 time and 2,2% for a 4 time (within the limit of 15 € maximum for a payment in 3 installments and 30 € maximum for a 4 times). In the event of free financing offered by the Partner, no additional costs to the amount of the purchase will be charged. In order to better understand the operating mode of 3x 4x Oney by credit card, here are some examples: • Examples of 3x 4x Oney by credit card, with fees, from 100 € of purchase and up to 3000 €: Example for payment in 3 installments: For a purchase of 150 €, contribution of 52,18 € then 2 monthly installments of 50 €. Credit for a period of 2 months at a fixed APR of 19,31%. Cost of financing: € 2,18 within the limit of € 15 maximum. Example for the payment in 4 installments: For a purchase of 400 €, contribution of 108,80 € then 3 monthly payments of 100 €. Credit over 3 months at a fixed APR of 19,61%. Cost of financing: € 8,80 within the limit of € 30 maximum. • Examples of 3x 4x Oney by bank card, free of charge, from 100 € of purchase and up to 3000 €: Example for payment in 3 installments: For a purchase of 150 €, contribution of 50 € then 2 monthly installments of 50 €. Credit over 2 months at a fixed APR of 0%. Cost of financing 0 €. Example for the payment in 4 installments: For a purchase of 400 €, contribution of 100 € then 3 monthly payments of 100 €. Credit over 3 months at a fixed APR of 0%.
ARTICLE 6 - DELIVERY
|Colissimo||48 / 72H||48 / 72H||Not available|
|Colissimo Relais||48 / 72H||Not available||Not available|
|Chronopost||24H||24 / 72H||2 / 5 days|
|DHL||Not available||24 / 72H||5 / 10 days|
|Colissimo Relais||offered||Not available||Not available|
|Chronopost||9,90€ (Offered from 500€ of purchase)||9,90€ (Offered from 500€ of purchase)||€9,90|
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: 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 his Product by La Poste to the address GUSTAVE et cie, SARL BARREM CONCEPT, 2 rue Bénard, 75014 PARIS. Return costs via La Poste are borne by the brand if the withdrawal period is less than 14 days.
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 (email@example.com) 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 JURISDICTIONAL 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.