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Standard Terms and Conditions of Sale and Use (ST&CS/ST&CU)
l. About us
The Gent'Access Company (hereinafter the "Company") is an SAS with share capital of €10,000, whose registered office is at 93 Chemin Mal Clabel – 31500 TOULOUSE and registered with the trade and companies register in Toulouse, under the number 841 466 220. The Company sells the following products to its Customers via its Website: Menswear accessories: ties, pocket squares, bow ties, belts, suspenders, cuff links, scarves, gloves, caps, hats, helmets, beanies, tie clips, small leather goods, socks, T-shirts, swimsuits, jewellery, sunglasses, umbrellas, walking sticks, shoe horns, shoe care products, smoking jacket shoes, shaving products...
The Company invites Users to carefully read these Standard Terms and Conditions of Sale and Use (hereinafter ST&CS/ST&CU). Placing an order implies acceptance of these ST&CS/ST&CU. The Product characteristics are presented on the Website. It is up to the Customer to take account of these characteristics before buying. Photographs or graphics presented on the Website are not contractually binding.
The Customer acknowledges he/she is aware of these ST&CS/ST&CU and has agreed to them by checking the box provided for this purpose before placing his/her Order online.
The ST&CS/ST&CU govern the conditions under which the Company sells its products to its Business and Consumer Customers through its Website.
They apply to all sales made by the Company and prevail over any other contradictory document, including the Customer's own standard terms & conditions of purchase.
They are systematically provided to any Customer who so requests them.
In the event of subsequent changes to these ST&CS/ST&CU, the version in force shall be binding on the Customer when placing Orders.
“Customer” means the Business or Consumer who places an Order for a Product sold on the Website
“Order” refers to any order placed by the User registered on this Website "Standard Terms & Conditions of Sale and Use" or "ST&CS/ST&CU" refer to these standard terms & conditions of online sale and use
“Consumer” refers to a natural person purchaser who is not acting for business purposes and/or is acting outside the scope of his/her business activities
“Products” refers to the material items that may be the subject of ownership and which are offered for sale on this Website
“Business” refers to a natural or legal person purchaser acting in the context of a business activity
“Website” refers to this website, i.e. www.maisonbayle.com
“Company" refers to the company Gent'Access, more fully described in Article I hereof; and
“User” refers to any legal or natural person who uses this Website,
All legal persons or major natural persons having their full legal personalities and capacities may register on the Website.
Users must register with the Website in order to use it. Registration is free.
To register with the Website, the User must fill out all mandatory fields otherwise registration cannot be completed.
The Users guarantee and hereby declare that all the information provided on the Website, in particular that provided at registration, is accurate and in order. They undertake to update their personal information from the page provided for this purpose and available in their account.
All registered Users have a login and a password. This login and password are strictly personal and confidential and under no circumstances should be disclosed to third parties under penalty of the removal of the offending User account. Each registered User is personally responsible for keeping his/her login and password confidential. In no case will the Company be held liable in the event of theft of a User's identity. If a User suspects fraud at any time, he/she must contact the Company as soon as possible so that the Company can take the necessary steps and rectify the situation.
Each User, whether a natural or legal person, may only hold one account on the Website.
In case of failure to comply with these ST&CS/ST&CU, in particular by creating multiple accounts for one single person or providing false information, the Company reserves the right to temporarily or definitively remove all the accounts created by the User concerned.
Deletion of the account results in the permanent loss of all benefits and services acquired on the Website. However, any Order placed and billed by the Website before the account is deleted will be filled under normal conditions.
If the Company deletes an account due to failure to comply with the duties and obligations set down in the ST&CS/ST&CU, it is strictly forbidden for the offending User to re-register on the Website directly, via another email address or through an intermediary without the Company’s specific authorisation.
Orders may only be placed if the User is registered on the Website. Products can be added to the User’s virtual shopping cart when he/she is logged into his/her account. The User can then access a summary of the virtual shopping cart to confirm the Products he/she wishes to order and then place the Order by pressing the "Order" button.
The User must enter an address, delivery method and a valid means of payment in order to finalise the Order and effectively establish the sales contract between him/her and the Company. Finalisation of the Order implies acceptance of the prices of the Products concerned and the delivery methods and deadlines indicated on the Website.
The User will receive confirmation by email after placing an Order. This confirmation will include a summary of the Order as well as all relevant information relating to the delivery. Placing an Order results in the User entering into a distance selling contract between the Company and the Customer.
The Products concerned by these ST&CS/ST&CU are those listed on the Website and that are sold and shipped out directly by the Company.
The Products are described on the corresponding page on the Website and all their essential characteristics are mentioned. The sale takes place within the limit of the Company’s available stocks. The Company cannot be held liable for stock shortages or the inability to sell a Product when no stock is available.
When a registered User wishes to purchase a Product sold by the Company on the Website, the price indicated on the Product page is the price in euros, including VAT, excluding carriage and that takes account of any discounts applicable on the day the Order is placed. The price shown does not include delivery costs, which will be itemized, where appropriate, in the summary before the Order is placed. If the total cost of the Products cannot be calculated in advance, the Company will send the Customer a detailed quote explaining how the price was calculated.
In no case may a User demand that reductions that are no longer in effect be applied at the time of placing the Order.
VII. Payment terms
Unless provided otherwise, all purchases are paid for in cash at the time of placing the Order.
Depending on the type or amount of the Order, the Company reserves the right to require a deposit or payment in full at the time of placing an Order, or upon receipt of the invoice.
Payment can be made by
- Credit card across a secure connection.
In the event of failure to pay for all or part of the Products by the date agreed on the invoice, Business Customers must pay the Company a late payment penalty the rate of which is equal to the rate applied by the European Central Bank for its refinancing operations increased by 10 percentage points.
The financing operation that will apply is the latest one on the date the Order for the Services is placed.
In addition to the late payment penalty, any sum, including the deposit, which has not been paid by the due date by a Business Customer, will automatically give rise to a lump-sum payment of €40 to cover collection costs.
In the event of failure to pay for all or part of the Products by the date agreed on the invoice, Consumer Customers must pay the Company a late payment penalty the rate of which is equal to the legal interest rate.
No offsetting may be performed by the Customer between penalties for delays in delivering the Products ordered and the amounts due by the Customer to the Company for the purchase of the Products sold on the Website.
The penalty due by the Business or Consumer Customer is calculated based on the outstanding amount due, including VAT, and starts from the payment due date without any prior notice being required.
The Products are only delivered to the following geographical zones
- Mainland France, Corsica, French overseas possessions.
On the European continent:
Delivery to all countries in Europe.
In North America:
Delivery to all countries in North America.
The Company is committed to making every material and human effort to deliver the Products promptly. Delivery times may vary depending on the Customer's geographical location, the delivery method chosen or the Product ordered.
In the event of the deadline for delivery being exceeded by 2 months, except in cases of force majeure, the Customer may request the termination of the Contract by registered letter with acknowledgement of receipt if the Company fails to deliver the Products under the same conditions within an additional reasonable period after being so summoned by the Customer to do so.
In this case, the Customer will be reimbursed within a period of 30 days if any payment has already been made.
In the event of delivery being impossible, due to a mistake in the address indicated by the Customer, the Company will contact the Customer as soon as possible in order to obtain a new delivery address and any additional delivery expenses will be charged to the Customer.
In addition, the liability of the Company cannot be incurred on the grounds of
-in peak demand periods, such as end-of-year holiday periods, for delays caused by reasons of force majeure, i.e. due to the occurrence of an unforeseeable and unavoidable event outside the control of the Company, - for acts attributable exclusively to the carrier in charge of performing the delivery.
The delivery is performed in line with the Customer's preferences and at the prices listed on the Website
- to the address indicated by the Customer when placing his/her Order by standard mail.
-to one of our partner points, such as listed on the Website. A currently valid identity document will be required to pick up Products, Otherwise, the Products ordered may not be handed over to the Customer.
-by So Colissimo. Delivery is performed by La Poste according to its delivery times in force. The Customer may be delivered
-at his/her home by personal delivery. If the Customer is absent, the delivery may be made to a letter box or held at the post office. If the Customer does not pick up the parcel from the post office within 10 days, it will be returned to the sender.
-upon appointment at his/her home.
-from one of 35 Cityssimo parcel venues 7 X 24, within 10 days.
-in the post office of your choice within 10 days. - at one of So Colissimo's partner merchants.
- by UPS depending on its delivery times in force.
- by DHL depending on its delivery times in force.
For all orders placed on this Website, the Customer has a period of 7 days from delivery of the Product to make any complaints. The Customer must check the apparent condition of the Products upon delivery. In the absence of any reservations specifically made by the Customer upon delivery, the Products delivered will be deemed to be compliant with the Order.
To exercise this right of complaint, the Customer must forward a statement to the Company at the address firstname.lastname@example.org in which he/she sets out his/her reservations and complaints, accompanied by supporting documents (receiving slip countersigned by the carrier, photographs ...)
A complaint that does not comply with the conditions set out above will not be accepted.
The Company will repair, replace or refund the product or its components without delay and at its own expense, subject to the material possibility of repairing the Product or its availability in stock.
X.The Consumer's right of withdrawal
The Consumer has 14 days from the time of placing the Order to exercise his/her right of withdrawal, except for those products referred to in Article L. 121-21-8 of the Consumer Code.
To exercise this right of withdrawal, the Consumer sends a statement to the address email@example.com.
Products must be returned in their original packaging and in perfect condition within 7 days after the Consumer notifies the Company of the decision to withdraw. Direct return costs are at the expense of the Consumer.
The Consumer will be reimbursed, all expenses paid, in placing the Order within 14 days after the Company becomes aware of the Customer's statement of withdrawal.
The refund will be made using the same means of payment as that used for the purchase.
XI. Transfer of risk and ownership
The Company retains ownership of the Products sold until full payment of the price by the Customer. It can therefore take back possession of the said Products in the event of non-payment. In this case, any deposit payments made will be kept by the Company as compensation.
For Business Customers, the transfer of risks to the Customer occurs when the goods are given to the carrier by the Company. For Consumer Customers, the transfer of risk takes place upon delivery or when the goods are picked up from the store when the Customer has opted for a store delivery.
The Products sold on the Website are under warranty in accordance with the statutory provisions of the Consumer Code and the Civil Code such as shown below.
Article L 211-4 of the French Consumer Code “The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. l/ He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility."
Article L 211-5 of the French Consumer CodeTo conform to the contract, the product must:1 0 Be suitable for the purpose usually associated with such a product and, if applicable
- correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model,
- have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;
2 0 Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to."
Article 1641 of the Civil Code:"A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them."
Any Product sold altered, modified or transformed is not covered by the warranty.
This warranty is limited to the replacement or refund of the non-compliant Products or those affected by a defect. The warranty does not apply in the event of misuse or abnormal use of the Product nor when the Product does not comply with the law in the country to which it is delivered.
The Customer shall inform the Company of the existence of defects within a period of two years. The Company will repair any Products deemed defective to the extent this is possible. If the Company’s liability is incurred, the warranty is limited to the amount excluding VAT paid by the Consumer for the supply of the Products.
Replacement of the Products does not result in a corresponding extension of the guarantee period.
The Company reserves the right to modify the Website, the ST&CS/ST&CU as well as any delivery or other procedures that constitute the services provided by the Company through this Website.
When an Order is placed, the User is bound by the provisions set out in the ST&CS/ST&CU in effect at the time of placing the Order.
XIV. Personal data protection
In accordance with the law of January 6, 1978, the nominal data requested from the Customer are strictly required to process his/her Order.
They may be communicated to the partners in charge of filling the orders. The User may thus receive information or commercial offers from the Company or its partners.
This data processing has been declared to the CNIL.
In accordance with the French data protection act (Informatique et Libertés) of January 6, 1978 as amended, the User has, at all times, a right to access, rectify, delete and object to all of their personal data by writing a letter and providing proof of his/her identity, to the following address: firstname.lastname@example.org. The User may at any time oppose the reception of commercial offers, by writing to the address above, or by clicking on the link provided for this purpose in the emails received.
To enable its Users to have an optimal browsing experience on the Website and for more efficient functioning of the various interfaces and applications, the Company may place a cookie on the User's computer. This cookie is used to store Website browsing information as well as any data entered by Users (searches, login, email, password etc.).
The User specifically authorises the Company to place a so-called “cookie” file on the User's hard drive.
The User has the ability to block or delete this cookie or modify the cookie retention period via their browser's interface. If systematically disabling the cookies on the User's browser prevents him/her from using certain services or features, this malfunction cannot in any way constitute damage for the User, who cannot claim any compensation as a result thereof.
Under no circumstances may the Company be held liable for the unavailability, whether temporary or permanent, of the Website and while it makes every effort to ensure continuous service, it may happen that this service may be interrupted at any time. In addition, the Company reserves the right, by a deliberate act, to make the Website unavailable in order to perform any updates, upgrades or maintenance operations.
As mentioned earlier herein, the Company may under no circumstances be held liable for delivery delays for reasons outside its control, independent of its will, that are unforeseeable and unavoidable or for which blame cannot be attributed to it.
XVI. Intellectual property
The brand, logo, and graphic design of this Website are trademarks registered with the INPI and intellectual works protected under copyright law the ownership of which is the Company's alone. Any distribution, exploitation, representation, reproduction, in part of in whole, without the specific authorisation of the Company will make the offender liable to civil and criminal prosecution.
XVII. Jurisdiction clause
These ST&CS/ST&CU are governed by French law. An attempt will be made to come to an out-of-court settlement with respect to any dispute arising between the Company and a User in the course of performing this contract. Failing this, any litigation will be referred to the competent common law courts.
The Customer or User specifically agrees to these ST&CS/ST&CU.
The Customer declares he/she is aware of these ST&CS/ST&CU and waives recourse to any other document, including his/her own standard terms & conditions of purchase.
The Consumer acknowledges being aware of the information indicated in Articles L. 111-1 to L. 111-7 of the Consumer Code, and in particular. - the essential characteristics of the Product,
- the price of the Products
- the date or deadline by which the Company undertakes to provide the Service,
- details regarding the identity of the Company (postal address, telephone number, email address)
- information with respect to statutory and contractual warranties and the arrangements for enforcement thereof
- the possibility of recourse to mediation to resolve disputes
- information about the right of withdrawal (deadline, procedures).
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