General Conditions of Sale
Between the company GMPA, owner of the website https://www.lescapricesdetherese.com , owner of the registered trademark “Les Caprices de Thérèse”, SARL with capital of € 38,112.25 registered with the RCS of Limoges under number 394 330 385 , whose individual VAT identification number is FR22 394 330 385, and whose head office is located at ZI Beauchamp, RN145 - 87300, BLANZAC.
Hereinafter referred to as "GMPA"
GMPA can be reached by telephone on 05 55 68 93 42 or by email at: servicecommercial@societe-gmpa.com , or by mail: SARL GMPA - ZI Beauchamp, RN145 - 87300, BLANZAC
Firstly,
And the natural or legal person purchasing the company's products, hereinafter referred to as "the Customer"
On the other hand,
It was stated and agreed as follows: PREAMBLE
GMPA sells products to consumers, through among other things here its website https://www.lescapricesdetherese.com .
The list of products offered by GMPA and concerned by these General Conditions of Sale (GTC) can be consulted on the aforementioned site.
1. Application of the General Conditions of Sale
These general conditions of sale apply to all orders for products made on the GMPA website, accessible at the address https://www.lescapricesdetherese.com (hereinafter referred to as "the Site"). Unless expressly provided otherwise in the GMPA order confirmation, these general conditions apply to the exclusion of all other conditions appearing on any other document, in particular from the customer. GMPA reserves the right to unilaterally modify the content of these General Conditions of Sale at any time.
The GTC then applicable are those in force on the date of payment (or the first payment in the event of multiple payments) for the order.
GMPA also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click. The Customer declares to have read all of these T & Cs and to accept them without restriction or reservation. The customer acknowledges that he has received the advice and information necessary to ensure that the offer meets his needs. The customer declares to be able to contract legally under French law or validly represent the natural or legal person for whom he is committed. Unless proven otherwise, the information recorded by the GMPA constitutes proof of all transactions.
2. Products
The photographs, visuals illustrating the products, and descriptions are not contractual, they may include minimal variations in presentation.
The products and offers offered on the Site are only valid while stocks last. In the absence of availability of one or more products ordered, GMPA undertakes to promptly inform the Customer and inform him of the timeframe within which the product will be made available. If he does not wish to wait, the Customer may cancel his order within 48 hours from the information of the unavailability provided by GMPA. This cancellation must be sent by e-mail to the address: servicecommercial@societe-gmpa.com specifying the reference of the order concerned. In this case, the price of the order will be refunded to the Customer within a maximum period of 30 days from receipt of the cancellation e-mail sent by the Customer to GMPA.
3. Price
The selling prices of the products are indicated in euros, all taxes included, excluding delivery costs, which are indicated and invoiced in addition before the validation of the order.
GMPA reserves the right to modify its prices at any time but the products will be invoiced on the basis of the prices in force at the time of the validation of the order.
4. Order
To place an order, the Customer must follow a series of specific steps on the Site. In this context, the Customer undertakes to communicate sufficient, exact and exhaustive information allowing GMPA to take charge of his order. The validation of the order implies unreserved acceptance of these General Conditions of Sale (GTC) and can only be done after having checked the box of acceptance of these said GTC.
A summary of the information relating to the order will be communicated to the Customer via the order confirmation email after validation of the order.
GMPA reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order or who would present in its eyes any form of risk.
5. Payment
Payment is due immediately upon ordering. Payment is made, unless otherwise specified as part of the order validation process on the Site:
by credit card authorized on the Site during the order payment stage.
by payment card via Paypal, secure online payment system
by the Paypal payment site, a secure online payment system
Secure online payment by credit card is made by our payment provider Stripe. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network.
Once the payment has been initiated by the customer, the transaction is immediately debited after verification of the information. In accordance with article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his banking information during the sale, the customer authorizes the seller to debit his card for the amount relating to the price indicated. The customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or in the event that it is impossible to debit the card, the sale is immediately terminated automatically and the order is canceled.
In the event of another rejection of payment, whatever the cause, the order will be automatically refused.
6. Intellectual property
No transfer of intellectual property rights is carried out through these GTC. Logos, registered trademarks, images, photographs, illustrations, texts, databases and more generally any information subject to intellectual property rights are and remain the exclusive property of GMPA. Any reproduction, imitation, representation, in whole or in part, of these elements without the prior agreement of GMPA is strictly prohibited.
7. Delivery
7.1 Place of delivery
GMPA delivers exclusively to Metropolitan France, Monaco and Andorra.
Delivery takes place at the address indicated by the Customer when ordering. In the event of an error in indicating the delivery address by the Customer when ordering, GMPA cannot be held liable under any circumstances, including if this error prevents the delivery of the products.
If the Customer does not come forward to collect his package within the time period indicated by the carrier, and / or in the event that the package is sent back to GMPA, the delivery will be considered as completed and no refund will be made. In these cases, no further reshipping of the order to the same address or to another address will be made.
In the event that the delivery address is that of a public establishment or a private establishment and the package cannot be delivered by hand to the Customer, the delivery is considered to have been made from the moment the package has been delivered. been handed over to the reception or to the service of the establishment dedicated to the reception of goods.
7.2 Delivery methods
7.3 delivery time
GMPA takes charge of your order at the latest the day after the validation of the order by the Customer. As soon as the order is prepared, GMPA entrusts the package to its delivery provider who delivers within a maximum of 72 hours.
Also, GMPA undertakes to deliver the customer within 3 to 5 working days. GMPA sends a shipment confirmation email to the Customer as soon as he entrusts the package to his delivery provider.
In the event of late delivery, the customer may cancel his order by registered letter with acknowledgment of receipt sent to the GMPA Consumer Service, if after having instructed GMPA, under the same terms and conditions, to make the delivery within a reasonable time, GMPA does not is not executed within this period. In the event that the order has already been shipped at the time of notification of the cancellation of the order by the customer, the latter must refuse delivery or immediately return the package to GMPA at the following address: SARL GMPA - ZIBeauchamp, RN145 - 87300 BLANZAC, the return costs then being the responsibility of GMPA. The customer will be refunded within 14 days of receiving the order cancellation.
7.4 Delivery costs
7.5 Reception
It is the Customer's responsibility to notify GMPA of any reservations regarding the product delivered. Upon receipt of his order, the Customer must check the apparent condition of the products and the number of products listed on the delivery slip. Any lack or any reservation on the condition of the products or packaging must be the subject of reservations to the carrier on the delivery document and be confirmed by registered letter with acknowledgment of receipt to the carrier and to GMPA within 3 working days following the reception.
The customer must also, upon receipt of the products, check the conformity of the products delivered to the order (reference, quantity of products, DLC or DLUO indicated on the package in particular) and ensure the absence of any apparent defect in the products. . Any non-conformity or apparent defect must be the subject of a complaint by the customer sent by email to the GMPA Consumer Service within 8 days.
Complaints accepted by GMPA will result in the exchange of the defective or non-compliant product or its refund in the event of unavailability of the product, within 30 days. The product must be returned by the customer with the prior agreement of GMPA, in perfect condition and in its original packaging. Return costs will be reimbursed by GMPA upon presentation of supporting documents.
Any complaint made by the customer beyond the above deadlines cannot be accepted by GMPA.
8. Right of withdrawal
Article applicable only to sales to consumers, or to any natural person acting for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity
In accordance with Article L. 121-21 of the Consumer Code, the Customer has 14 days from receipt of the product (s) to exercise their right of withdrawal and notify GMPA of their decision to return the or the products. The right of withdrawal is also excluded for products which have been unsealed by the Customer after delivery and for products manufactured according to the customer's specifications or clearly personalized.
The customer must inform GMPA of the exercise of his right of withdrawal by sending him a document, unambiguous, clearly expressing the exercise by the Customer of his right of withdrawal by mail to the following address: SARL GMPA - ZIBeauchamp , RN145 - 87300 BLANZAC.
GMPA will acknowledge receipt of the customer's withdrawal request by email.
The customer must return to GMPA, within 14 days of communicating his decision to withdraw, the products for which he has exercised his right of withdrawal to the following address SARL GMPA - ZIBeauchamp, RN145 - 87300 BLANZAC. Product returns will only be accepted by GMPA if the products are in perfect condition, in their original packaging.
The customer will be reimbursed for the price of the products and the delivery costs that he has incurred within a maximum period of 14 current days from the date on which GMPA has been informed of the customer's decision to withdraw, or if this date is later, upon receipt of the returned products or upon transmission by the customer to GMPA of proof of reshipment of the products concerned.
The costs of returning the products concerned are the responsibility of the customer.
9. Guarantee
The products comply with the regulations and standards in force in France. The products are guaranteed against any lack of conformity and hidden defects under the conditions provided for by the provisions of the Consumer Code with regard to sales to consumers within the meaning of this code, and of the Civil Code, no additional commercial guarantee being granted.
Reminder of the legal provisions:
Article L.211-4 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 also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility ”.
Article L.211-5 of the Consumer Code: “To comply with the contract, the goods must:
1 ° Be suitable for the use usually expected of a similar good and, if 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 ° Or have the characteristics defined by mutual agreement between 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 L.211-12 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 on account of the hidden defects of the item sold which make it unfit for the use for which it is intended or which reduce this use so much that the buyer would not have it. acquired, if he had known them ”.
Article 1648 of the Civil Code: "the action resulting from latent defects must be brought within two years from the discovery of the defect".
In the event of non-conformity or non-apparent defects in the products, the customer must immediately notify GMPA's Consumer Service.
If the customer's complaint is accepted, GMPA will exchange the product or refund it no later than 30 days from the notification of the non-compliance to GMPA. Return costs will be reimbursed to the customer upon presentation of supporting documents.
10. Responsibilities
11. Personal data
All the information and personal data collected by GMPA in the context of placing an order on the Site are subject to computer processing intended for processing the online order and its execution. In accordance with legal provisions, the customer has the right to access, rectify, oppose and delete personal data collected by GMPA in the context of placing the order.
For more information concerning the processing of personal data by GMPA and the customer's rights over his data, the Customer is invited to refer to the GMPA Privacy Policy accessible on the Site Legal Notice & Privacy Policy, which are in full part of these general conditions.
12. Force majeure
GMPA cannot be held responsible if the non-performance or delay in the performance of one of its obligations described in these general conditions of sale results from a case of force majeure. As such, force majeure means any external, unforeseeable and irresistible event within the meaning of article 1148 of the Civil Code. GMPA will notify the Customer of the occurrence of such an event as soon as possible.
13. Disputes
These general conditions and the sales contracts concluded between GMPA and the Customer are subject to French law. In the event of a dispute or complaint, we invite the Customer to contact the GMPA consumer service, which can be reached on 05 55 68 93 42 or by email: servicecommercial@societe-gmpa.com
In the absence of an amicable agreement, the parties may resort to a conventional mediation procedure by referring the matter to the competent consumer mediator appearing on the list of mediators established by the Commission for the evaluation and control of consumer mediation. The parties may also submit their dispute to a mediator via the Online Dispute Resolution (RLL) platform.
The parties remain, in any event, free to submit their dispute to the competent French courts.