TERMS OF SALES
Website www.gabigabie.com edited by the SARL Gabie, whose head office is located at 7 rue Salagoity in Saint Jean de luz (64500) registered with the Bayonne Chamber of Trades under the number 885 058 651 is a site selling leather goods and fashion accessories.
ARTICLE 1 - APPLICATIONS OF THE GENERAL CONDITIONS OF SALE
The site, www.gabiegabie.com, sells leather goods and fashion accessories made in the southwest in an artisanal way.
Gabie reserves the right to adapt or modify these T & Cs at any time. The version of the GTC applicable to any sale being the one appearing online on the site www.gabiegabie.com at the time of ordering. Consequently, the fact of placing an order requires full prior acceptance and, without reservation, of the GTC by the Customer by clicking on the button "I read and I agree to the general selling conditions“.
ARTICLE 2 - SITE INFORMATION AND SITE ACCESSIBILITY
www.gabiegabie.com is an e-commerce site. The site is accessible to all users of the Internet network in principle 24 / 24h, 7/7, except interruption, scheduled or not, by Gabie or his providers, for the purposes of its maintenance and / or safety or in the event of force majeure (as defined below). Gabie cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the site.
Gabie does not guarantee that the site will be free fromanomalies, errors or bugs, nor that the site will work without failure or interruption. In this regard, he can freely and at his own discretion determine any period of unavailability of the site or its content. Gabie can also not be held responsible for problems with data transmission, connection or unavailability of the network.
ARTICLE 3 - ESSENTIAL CHARACTERISTICS OF THE PRODUCTS SOLD
The products offered for sale are those described on the site on the day of consultation of the Site by the customer, within the limit of available stocks.
The characteristics of the articles sold on the Site (Photographs, Graphics and descriptions of the articles, etc.) may vary over time. Only the visual of the item displayed at the time of the Order must be taken into account by the customer.
In the event of errors or omissions relating to the description of an item, Gabie's liability is limited to reimbursing the reasonable costs of returning the item incurred by the customer.
ARTICLE 4 - PRICES AND TERMS OF PAYMENT
The prices of the products are indicated on the site in Euros. All prices displayed are calculated and include value added tax (VAT) applicable in France.
These prices are understood excluding postage, depending on the amount in force.
Any new taxes or contributions, in particular environmental ones, are likely to be passed on up or down on the selling price of the items.
Gabie reserves the right to modify its prices at any time but the products will be invoiced on the basis of the rates in effect at the time of registration and payment of the order, subject to availability.
The products are payable cash when ordering.
The customer must pay for his online purchases when ordering by credit card (Blue card, e-Credit Card, Visa, Eurocard, MasterCard, American Express) or other direct bank payments (PayPal).
ARTICLE 5 - PRODUCT AVAILABILITY PERIOD
The available products appear on the site with the mention "Davailable ". In order to best meet the demand of our customers, the availability of our products is regularly updated on the website.
If the customer has ordered a product that is unavailable after the order has been confirmed, he will be immediately informed. We are canceling the purchase. If the sum had already been debited, the customer will be immediately refunded.
In application of the provisions of articles L216-2 and L216-3 of the Consumer Code, in case of unavailability of the product, the customer then has the option of being reimbursed at the price of the product ordered within 14 days following the order.
ARTICLE 6 - ORDERS
To be able to place an order, the customer must first register on the site by creating a personal account via a form.
Registration on the site is validated by Gabie after verification of the form completed by the customer. The customer then receives a confirmation e-mail.
Any order implies acceptance of the price and description of the products available for sale. The Seller undertakes to honor orders received on the website only within the limits of available stocks of the products. In the absence of availability of products, the Seller undertakes to inform the customer as soon as possible. The cancellation of the order for this product and its possible refund will then be made.
Any customer can reach one of our advisers via the contact form on the site.
The seller agrees to send the customer, by email, a confirmation of:
- A summary of the products ordered and their references
- The price of the products
- The quantity to deliver
- The date of the order
- Delivery fees
- The payment method chosen by the customer
- The mention that the customer has a withdrawal period.
ARTICLE 7 - DELIVERY
The customer must have the ordered products delivered to the address of his choice. He must indicate his address and postal code very precisely, without any abbreviation.
The customer has the choice of the delivery method.
We make our deliveries only in Metropolitan France including in Corsica and in some European countries: Spain, Italy, Portugal, Germany, Big Brittany.
If delivery is impossible, due to an incorrect delivery address or the customer's failure to collect their order from the selected collection point or Chronopost, no reshipment can be made and the customer will be refunded within 5 days from receipt of the Order by Gabie.
Gabie cannot be held responsible for the delay in delivery not being his fault or justified by a case of force majeure
Deliveries can also be made to a Relay Point, subject to acceptance of the package by the selected Relay Point.
ARTICLE 8 - RIGHT OF WITHDRAWAL
In accordance with the article L.221-18 of the Consumer Code, the non-professional customer has a period of 14 days from receipt of the order to exercise their right of withdrawal from Gabie, without having to justify their decision.
In this case, the customer must notify his decision of withdrawal in writing in a declaration sent according to the terms of your choice or by returning the withdrawal form accessible on the Site from his customer account:
• By e-mail :
• By mail to the following address:
7 Salagoity Street
64500 Saint Jean de Luz
At the same time, the customer must return to us within the same period, the product which is the subject of this withdrawal, by sending it to the address above. The product must be returned in new and undamaged condition, otherwise it will not be taken back or exchanged. In addition, the original packaging must be carefully protected to avoid any deterioration in boxes or cartons. Return costs are borne by Gabie via a prepaid return label. In the event of a valid withdrawal from you, the Seller will reimburse all sums paid. This reimbursement will take place under 14 days from the day the seller was informed of the customer's decision to withdraw.
The reimbursement may however be deferred until the seller has received the products.
It is specified that Gabie only accepts the return of undamaged and unworn products, these two conditions being checked before returning the returned products to stock.
ARTICLE 9 - CUSTOMER SERVICE
The seller wishes to guarantee the total satisfaction of his Customers.
All products purchased on the site are eligible for a refund
The Customer's request for reimbursement must be made within a period of 14 days from the date of receipt of the ordered products, postmark as proof. When the fourteen-day period expires on a Saturday, Sunday or a public holiday, it is extended until the next working day. The customer agrees to return the product to the seller in its original conditions (packaging, conservation of the label, copy of the invoice, the product not having undergone any alteration).
The seller agrees to reimburse in full the Products returned by the customer if they have not been endorsed, used and damaged and if they are accompanied by their invoice. The articles are guaranteed against the lack of conformity and the crippling defects under the conditions provided for in the articles. 1641 at 1649 of the Civil Code and L 217-1 and following of the Consumer Code, and this from the delivery:
9.1 Guarantee of hidden defects
• Article 1641 of the Civil Code: " the seller is bound by the guarantee due to hidden defects in 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 has not acquired it, or has not would have given a lower price, if he had known them. »
• Article 1643 of the Civil Code: " he is liable for hidden defects, even if he would not have known them, unless, in this case, he has stipulated that he will not be bound by any guarantee. »
• Article 1644 of the Civil Code: " in the case of articles 1641 and 1643, the purchaser has the choice to return the thing and have the price returned, or to keep the thing and have part of the price returned. »
• Article 1646 : « if the seller was unaware of the defects in the thing, he will only be required to return the price, and to reimburse the buyer for the costs incurred by the sale. »
• Article 1648 paragraph 1 of the Civil Code: " the action resulting from fatal defects must be brought by the purchaser within two years of discovery of the defect. »
9.2 Legal guarantee of conformity
• Article L 217-4 of the Consumer Code: " the seller delivers goods in conformity 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 217-5 of the Consumer Code: " the good conforms to the contract:
1 / If it is suitable for the use usually expected of a similar good and, if applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has 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 if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. »
• Article L 217-7 paragraph 1 of the Consumer Code: " The lack of conformity which appears within a period of twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. »
• Article L 217-9 of the Consumer Code: " In the event of a lack of conformity, the buyer chooses between repair and replacement of the property. However, the seller may not proceed according to the buyer's choice if this choice results in a manifestly disproportionate cost compared to the other modality, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer. »
• Article L 217-10 of the Consumer Code: " If repair and replacement of the good is not possible, the buyer can return the good and have the price returned or keep the good and have part of the price returned. The same option is open to him: 1) If the solution requested, proposed or agreed pursuant to Article L 217-9 cannot be implemented within one month of the buyer's complaint; 2) Or if this solution cannot be without major inconvenience for him given the nature of the good and the use he seeks. The resolution of the sale cannot however be pronounced if the lack of conformity is minor. »
• Article L 217-11 of the Consumer Code: " the application of the provisions of articles L 217-9 and L 217-10 takes place at no cost to the buyer. These same provisions do not preclude the award of damages. »
• Article L 217-12 of the Consumer Code: " action resulting from lack of conformity lapses two years after delivery of the goods. »
This guarantee enables the Customer to return the defective or non-compliant Items delivered for reimbursement under the aforementioned conditions.
In the event of a lack of conformity, we undertake to:
• replace the product
• repair the product within 30 days and without charge.
In the event of a hidden defect in the product, the customer benefits from the legal guarantee against hidden defects in the articles. 1641 and 1649 of the Civil Code. It applies to all of our products. This warranty applies when the defect renders the product unfit for use or when it reduces its use to such an extent that the customer has not bought it or paid for it at a lower price.
The customer has a period of two years from the delivery of the product to act in the absence of conformity of the Product, and is exempt from providing proof of the existence of the lack of conformity of the good during the six months following the delivery. of the product.
In the event of a defect, we will replace your product or reimburse you as soon as possible.
ARTICLE 10 - PROTECTION OF PERSONAL DATA
ARTICLE 11 - INTELLECTUAL PROPERTY
All comments, pictures and drawing of the site are exclusively reserved for us, as well as theidentity visual, the design, the graphics, the features, the names, acronyms, logos and thesite ergonomics.
Under the intellectual property and copyright, any use is prohibited except for private use.
Without prior authorization, any reproduction of our site, whether partial or total, is strictly prohibited.
ARTICLE 12 - LIABILITY
In accordance with the article 1147 of the Civil Code, we assume our full contractual liability towards our customers in the event of non-performance or improper performance of the contract concluded.
The seller undertakes to describe with the greatest accuracy or to present a photograph of the products sold on its site, it being understood that the photographs represented on the Site are not contractual. The customer acknowledges and accepts that the prices of the products are likely to vary between the Site and the stores, and that in any case this price difference can not justify a request for reimbursement, either total or partial, of the Products purchased or on the site, either in stores.
However, our contractual liability cannot be engaged in the situations mentioned below:
Gabie cannot be held liable in the event of a breach of any of its contractual obligations resulting from a fortuitous event or a case of force majeure as defined by case law issued by French courts. Force majeure is an external, unforeseeable and irresistible event, such as labor disputes, intervention by civil or military authorities, natural disasters, fires, water damage, interruption of the telecommunications network or the electricity network.
ARTICLE 13 - MODIFICATION OF THE GTC
Given the possible changes to the site and to the regulations, Gabie is entitled to modify the GTC at any time.
Only the GTC in force at the time of the conclusion of the contract will be enforceable against the Customer.
The new T & Cs will, if applicable, be brought to the attention of the Customer by modification of the dedicated page of the site. The customer expressly consents to the new version of the GTC by validating a new order.
ARTICLE 14 - COMPETENT JURISDICTION AND APPLICABLE LAW
In the event of a dispute, the above GTC are subject to French law.
In the event of a complaint not resolved amicably by the customer service, the customer can contact the dispute resolution platform put online by the European Commission to the following address: http://ec.europa.eu/consumers/odr/.
Any dispute will fall under the exclusive jurisdiction of the French courts of the Customer's place of residence, in the absence of an amicable agreement between the customer and GABIE.
The parties have the right to resort to conventional mediation or any alternative dispute resolution method in the event of a dispute.