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Terms and conditions of sale
These terms and conditions of sale are concluded, on the one hand, between Gacé, located at 15 avenue Robert Descamps 59126 Linselles – SARL GACE - SIRET: 831043195 00013 - APE: 1413Z - Intracom N°: FR95 831043195, operating under the brand name Gacé, hereinafter referred to as "Gacé", and on the other hand, by any natural or legal person hereinafter referred to as "Client" wishing to purchase a product via our online catalog. It is specified that the products are intended for the client's personal use, with no direct connection to their professional activity. As such, Gacé draws the client's attention to the fact that the same User may only order a maximum of six (6) products of the same reference. In the event of an order exceeding the aforementioned number, the order cannot be accepted.
These terms and conditions of sale are governed exclusively by French law. All products offered are governed by international copyright law.
Any reproduction, even partial, of the site and products is formally prohibited.
Article 1 - Application of Sales
Any order placed on the site is regulated by these general terms and conditions of sale, which govern the contractual relationship between Gacé and its client, both parties accepting them without reservation.
The client acknowledges having read, at the time of placing the order, the terms and conditions of sale stated on this screen and accepting them without reservation.
These general terms and conditions of sale shall prevail over all other conditions appearing in any other document, except for prior, express and written derogation.
Any complaint should be addressed to the address indicated below:
Gacé
15 avenue Robert Descamps
59126 Linselles
or via the contact form.
Gacé is not bound by any statement or indication not contained on its e-commerce site and reserves the right to modify its terms and conditions of sale at any time.
In this case, the applicable conditions will be those in force on the date of the Client's order.
Article 2 - Products
The products offered for sale by Gacé are those listed on the site on the day of the client's consultation of the site, within the limits of available stock. In case of unavailability of any of the products, the client will be informed as soon as possible.
On the Gacé website, you will find a description of the materials, colors, and size for each product. This allows you to know all the essential characteristics before definitively validating your order.
The characteristics of the products presented may evolve, and no modification can give rise to a claim of any kind. If an evolution occurs that radically modifies the product and its use, you will be notified at the time of your order.
The display on the site does not always allow for a full appreciation and rendering of the colors and/or materials of the models. Furthermore, the configurations of computer workstations and monitors may show the buyer some variations from reality.
Consequently, Gacé cannot be held responsible for a marginal nuance between the colors and/or materials viewed and the colors and/or materials of the product as delivered.
Article 3 - Prices
The prices of our products are indicated in Euros. The prices indicated next to each item include all taxes (TTC: French VAT and all other applicable taxes) applicable on the day of the order. Any order placed on the site and delivered outside of France may be subject to potential taxes and customs duties that are imposed when the package reaches its destination.
These customs duties and any taxes related to the delivery of an item are the responsibility of the client.
Gacé is not obliged to check and inform the client of applicable customs duties and taxes.
The prices indicated on the site are guaranteed on the day of the order within the limits of available stock, except for significant changes in charges, particularly VAT, and except for obvious typographical error or omission. The indicated prices do not include shipping costs, which will be charged in addition and will be specified to the User during the final validation of their order.
Gacé reserves the right to modify its prices at any time, unilaterally, without prior notice, depending on economic conditions, the pricing policy of various stakeholders, subcontractors, and material costs. However, Gacé undertakes to apply the rates in force that were indicated at the time of the order.
Article 4 - Delivery
Gacé will make its best efforts to ensure that the order is shipped within an average of three (3) to six (6) working days from the day after the client validates their order. Products are delivered to the address indicated by the client. The indicated delivery times are after order processing and are stated in working days. These times are those displayed by La Poste. These times may be affected by strikes, export problems, customs modifications, and other external issues for which we cannot be held responsible, or by any other technical problems beyond our control. In this case, the buyer will be informed by email or telephone. Gacé uses La Poste's tracked letter (Lettres Suivi format S) or Colissimo services.
Article 5 - Payment
Payments are made via secure payment using the following bank cards: Visa, Euro-Card-Master-Card or via a Paypal account if you have one. Orders are only validated after receipt of payment. For reasons of limiting banking fraud, Gacé may ask the client to provide documents justifying the client's identity and the veracity of the order.
In this case, orders will be validated as soon as the client's identity documents have been approved by Gacé's services.
The Paypal system guarantees the client that their bank card information will only be used within Paypal's secure environment and will not be known to Gacé at any time.
In any event, Gacé reserves the right to refuse any order or any delivery in the event of exceeding the limits indicated in the preamble hereto, an existing dispute with the Buyer, total or partial non-payment of a previous order by the Buyer, refusal of authorization for bank card payment by banking organizations, non-payment or partial payment.
Gacé's liability cannot then be engaged under any circumstances.
Article 6 - Right of withdrawal and refund
You have a legal period of 14 working days from the date of delivery of your order to exercise your right of withdrawal and return any item that does not suit you.
If the deadline falls on a Saturday, Sunday, or public holiday, it is automatically extended until the next working day.
To make a return, please use our return portal by entering your postal code and order number.
Only products returned in their entirety, in their complete and intact original packaging, and in perfect resale condition will be accepted.
Any product that has been damaged, or whose original packaging has been deteriorated, will neither be refunded nor exchanged.
This right of withdrawal is exercised without penalty, with the exception of shipping costs. In the event of exercising the right of withdrawal, the consumer has the choice of requesting either a refund of the sums paid or an exchange of the product.
In the event of exercising the right of withdrawal, the company Gacé will make every effort to reimburse the consumer within a maximum of 14 days. The consumer will then be reimbursed directly to their bank account.
Article 7 - Conformity Guarantee
Gacé ensures the perfect quality of its products, and takes the utmost care from their manufacture to their sale. However, if a product does not meet quality standards, the Client benefits from a contractual warranty for two years following its purchase.
This warranty applies under normal use.
Excluded from the warranty are aging, wear and tear, and alteration due to the use of perfume, as well as deterioration, breakage, or loss resulting from accidental circumstances, third-party intervention, improper use, or lack of maintenance.
In France, the client benefits from the legal guarantee of conformity mentioned in articles L. 211-4 to L. 211-13 of the Consumer Code and the guarantee relating to defects in the sold item, under the conditions provided for in articles 1641 to 1648 and 2232 of the Civil Code.
As such, Gacé remains liable for conformity defects of the goods to the contract and for redhibitory defects and conformity defects under the conditions provided by the aforementioned provisions.
In the event of non-conformity, the Client chooses between repairing and replacing the Product.
If repair and replacement of the product are impossible, the Client may return the product and have the price reimbursed, or keep the product and have a portion of the price reimbursed, in accordance with the provisions of article L. 211-10 of the Consumer Code.
The provisions mentioned in article L. 211-15, paragraph 4, of the Consumer Code are reproduced below. Article L. 211-4 of the Consumer Code:
"The seller is obliged to deliver goods that conform to the contract and is liable for any conformity defects existing at the time of delivery.
He is also liable for conformity defects resulting from the packaging, assembly instructions, or installation when this was part of the contract or was carried out under his responsibility."
Article L. 211-5 of the Consumer Code:
"To conform to the contract, the goods must:
1/ Be fit for the purpose ordinarily expected of similar goods and, where applicable:
- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- possess the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling
2/ Or have the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter."
Article L. 211-12 of the Consumer Code: "The action resulting from a lack of conformity lapses after two years from the delivery of the goods."
Article 1641 of the Civil Code: "The seller is bound by the warranty against hidden defects in the sold item that render it unfit for its intended use, or that diminish this use to such an extent that the buyer would not have acquired it, or would only have given a lower price, had they known about them."
Article 1648, first paragraph, of the Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect."
Article 8 - Force Majeure
Gacé shall not be held responsible for the total or partial non-performance of its obligations under this contract, if such non-performance is caused by an event constituting force majeure, particularly in the event of disruption or total or partial strike, notably of postal services and means of transport and/or communications, flood, fire, and generally, in the event of an event beyond its control.
Article 9 - Intellectual Property
Gacé is a registered trademark with the INPI.
The models, designs, photos, objects, and images offered on the site are the property of Eglantine et Capucine and are protected by intellectual property law.
The buyer acknowledges that their use of ordered products is limited to use consistent with their intended purpose.
Any other use of the models, designs, logos, photos, objects, and images, such as reproduction, commercialization, distribution, and publication by anyone, is strictly prohibited and constitutes counterfeiting punishable by criminal and civil penalties.
Article 10 - Legal Information
The provision of personal information collected for the purpose of distance selling is mandatory, as this information is essential for the processing and delivery of orders, the establishment of invoices, and warranty contracts. Failure to provide this information will result in the non-validation of the order.
The client has (Article 34 of the law of January 6, 1978) a right of access, modification, rectification, and deletion of data concerning them, which they can exercise with Gacé. Furthermore, Gacé undertakes not to communicate, free of charge or for consideration, the contact details of its clients to a third party.
Article 11 - Liability
In the online sales process, Gacé is only bound by an obligation of means; its liability cannot be invoked for damage resulting from the use of the Internet network such as data loss, intrusion, virus, service interruption, or other involuntary problems.