The terms used below have the following meanings in these General Terms and Conditions of Sale:
SITE/SELLERIE GZ SITE: means the website https://www.selleriegz.com
SELLER / SELLERIE GZ/WE/US: The company Ecurie Gonzalez SARL
T&Cs: these general terms and conditions of sale
CUSTOMER/BUYER/YOU: means the SELLER's contracting party, who warrants that they hold the status of consumer as defined by French law and case law.
DELIVERY: means the first presentation of PRODUCTS ordered by the CUSTOMER at the delivery address given when the order was placed.
PRODUCTS: means all the products available on the SITE, or visible on the premises.
Preamble
The T&Cs apply to the sale of products on its online shop, accessible via the Internet, by the company Ecurie Gonzalez SARL, whose registered office is at 10 route d'Arles, 13118 Entressen, France, registered with the Trade and Companies Register under SIRET number 814 699 401 00026, hereinafter the SELLER / SELLERIE GZ. They are automatically made available to the buyer on all pages of the site https://www.selleriegz.com.
The buyer need only click on "General Terms and Conditions» to find out the conditions of their order, even before they have begun the ordering process.
The T&Cs will also be displayed during the ordering process for acceptance by the CUSTOMER.
Consequently, placing an order implies the buyer's full and unreserved acceptance of these T&Cs.
In the absence of specific provisions agreed in writing between the parties, all orders are subject by operation of law to these T&Cs, which prevail over any other document, such as brochures, press, catalogues or e-mailings issued by the SELLER, which are for information only.
The prices shown are expressed in euros, include all French taxes and exclude any contribution to postage and delivery costs. These prices may be revised regularly by the SELLER.
Article 1: Purpose
These T&Cs govern the online sale of PRODUCTS by the SELLER to CUSTOMERS.
The BUYER may request a copy of the general terms and conditions of sale when placing an order. The SITE keeps a copy of each version of its T&Cs.
The SITE reserves the right to amend its T&Cs at any time. In that case, the general terms and conditions of sale that apply will be those in force on the date of the BUYER's order.
Article 2: Acceptance of the general terms and conditions of sale
The CUSTOMER undertakes to read these T&Cs and to accept them before confirming and paying for an order of PRODUCTS placed on the SITE. A button to download the T&Cs will be available in the ordering process, and the T&Cs will be displayed before an order is confirmed.
The SELLER advises the CUSTOMER to read the T&Cs each time they place a new order, as the T&Cs may be amended and the latest version will apply. These T&Cs may be amended at any time without notice by THE SELLER. The SELLER invites the CUSTOMER to read, download and print the T&Cs.
The CUSTOMER may ask the SELLER for a copy of the version of the T&Cs at the time they place their order.
Article 3: Purchasing PRODUCTS on the SITE
In order to purchase a PRODUCT, the CUSTOMER must be of full age and have legal capacity or, if a minor, be able to show the consent of their legal representatives. The CUSTOMER will be asked to provide information enabling delivery to them by completing forms available on the SITE.
The information that the CUSTOMER provides to the SELLER when placing an order must be accurate and up to date. DELIVERIES may be tracked on the websites of certain carriers.
The CUSTOMER may also contact the SELLER's sales department at any time using the online Contact form or by telephone during opening hours in order to obtain information on the status and delivery of their order.
Article 4: Orders
The SELLER undertakes to present the essential characteristics of the PRODUCTS on the information sheets available for the PRODUCTS, together with the mandatory information that the CUSTOMER must have under applicable law. The SELLER advises the customer to read all the information available on a PRODUCT and to check their choice before adding a PRODUCT to the basket.
The CUSTOMER undertakes to read this information carefully before placing an order on the SITE. Unless otherwise indicated on the SITE, all PRODUCTS sold are new and comply with the European legislation in force and with French standards.
No order will be taken into consideration until payment has been accepted by our bank. Should it prove impossible, for any reason whatsoever (opposition, refusal or otherwise), to transmit the funds owed by the CUSTOMER, the order would be cancelled and the sale automatically terminated.
SELLERIE GZ reserves the right to cancel all doubtful non-compliant orders, as well as those of a CUSTOMER with whom there is a dispute relating to payment of a previous order.
To be valid, orders must be placed via the Internet and only on the site https://www.selleriegz.com
The SELLER will fulfil each order by one or more deliveries of the PRODUCTS ordered.
Article 5: Accepted payment methods
Payment for the PRODUCTS is made at the time of ordering, either:
1) By bank card (Carte Bleue, Visa, MasterCard)
The CUSTOMER warrants that they are fully entitled to use the bank card they are using and that this bank card gives access to sufficient funds to cover the cost of the order.
The CUSTOMER will enter their details directly on the website of XXX(bank used). Under no circumstances will the SELLER have access to this information. Thanks to the SSL (Secure Socket Layer) protocol, credit card details are encrypted and never travel in clear over the network. As part of the fight against bank card fraud, and in order to protect its CUSTOMERS against fraudulent use of their bank card, the SELLER may request the provision of additional documents:
- Identity verification form duly completed and signed by the person making the payment
- A photocopy of the cardholder's identity card.
- Proof of address dated within the last three months;
If these documents are not received within forty-eight (48) hours of SELLERIE GZ's request, your order may be cancelled by operation of law by SELLERIE GZ and will be considered definitively deleted.
Cards issued by banks domiciled outside France must be international bank cards.
2) By bank transfer
Article 6: Product guarantee
Each PRODUCT is sold with a guarantee constituted by the invoice. It is therefore recommended that you keep it. In accordance with Article 4 of Decree No. 78-464 of 24 March 1978, the provisions hereof cannot deprive the consumer of the statutory guarantee which requires the professional SELLER to guarantee them against all the consequences of hidden defects in the item sold. The CUSTOMER is expressly informed that SELLERIE GZ is not the producer of the products presented on the SITE, within the meaning of Law No. 98-389 of 19 May 1998 relating to liability for defective products. Consequently, the guarantee on the PRODUCTS sold on the site www.selleriegz.com is limited to that of the manufacturers. In the event of failure to observe the normal conditions of use, or failure by the user to follow the instructions for use or care instructions for the items, SELLERIE GZ cannot be held liable. Only manufacturing or design defects duly established by the manufacturer may give rise to its possible liability.
If SELLERIE GZ's liability were established, postage costs would be refunded on presentation of proof.
Article 7: Guarantee of conformity
It is recalled that, under the statutory guarantee of conformity, the CUSTOMER:
- may choose between repair or replacement of the item, subject to the cost conditions provided for by Article L. 211-9 of the Consumer Code
- is exempt from providing proof of the existence of the lack of conformity of the item during the six months following delivery of the goods. This period has been extended to 24 months since 18 March 2016, except for second-hand goods.
Article 8: Guarantee against hidden defects
It is recalled that the CUSTOMER may decide to invoke the guarantee against hidden defects in the PRODUCTS sold within the meaning of Article 1641 of the Civil Code. In that case, they may choose between rescission of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
Article 9: Protection of personal data
The information requested from the CUSTOMER is necessary for processing their order and may be passed on to SELLERIE GZ's contractual partners involved in carrying out that order. The CUSTOMER may write to SELLERIE GZ, whose contact details are in the legal notice appearing on the SITE, to object to such disclosure, or to exercise their rights of access to and rectification of the information concerning them held in SELLERIE GZ's files, under the conditions provided for by the law of 6 January 1978.
By accepting the T&Cs, the CUSTOMER acknowledges having read the SITE's personal data protection policy. www.selleriegz.com uses what are known as "cookies" in connection with the services. Cookies are pieces of information stored on the hard drive of your computer or in your browser to enable users to be identified. The use of cookies is standard in this field of activity. Cookies are stored on your computer only while the Services are being used and they will be deleted when your computer's browser is closed.
Cookies do not allow access to other information on your computer. If you do not wish to receive cookies, or want to be warned when they are placed, you can configure your web browser accordingly, if your browser allows it.
Please note that if cookies are disabled, you may not be able to use certain parts of the services or certain functions and features in the licensed software.
SELLERIE GZ uses Google Analytics, a web analytics solution provided by Google. Google Analytics adds cookies to your computer when you visit the SITE and collects information about site traffic in order to create statistics for the owner of the SITE.
Article 10: Right of withdrawal
For distance purchases that benefit from the right of withdrawal, the CUSTOMER has 14 calendar days to notify their decision to withdraw, without having to give a reason. The period begins on the day after receipt of the goods, or of the last item in the case of an order delivered separately. If the period expires on a Saturday, a Sunday or a public or non-working holiday, it is extended until the next working day. After notification, the CUSTOMER has 14 calendar days to return the goods. The direct costs of return are at their expense, unless the SELLER has announced that it will bear them. The statutory exceptions to the right of withdrawal remain applicable.
Any return must be notified in advance to SELLERIE GZ by sending us an email to XXXXXXX including your contact details and the order reference.
The PRODUCT(S) must be returned at the CUSTOMER's expense to:
Ecurie Gonzalez
10 route d'Arles
13118 Entressen
Only PRODUCTS returned complete, and in perfect resalable condition, will be accepted.
Any PRODUCT that has been damaged will be neither refunded nor exchanged.
This right of withdrawal is exercised without penalty, except for the costs of return.
You must bear the direct costs of returning the PRODUCT(S). You will be liable for any diminished value of the PRODUCT(S) resulting from handling (other than that necessary to establish the nature, characteristics and proper functioning of the PRODUCT(S)).
Where the right of withdrawal is exercised, the CUSTOMER may choose to request either a refund of the sums paid or an exchange of the PRODUCT. In the case of an exchange, re-dispatch will be at the CUSTOMER's expense.
Where the right of withdrawal is exercised, SELLERIE GZ will refund the CUSTOMER within 14 days. The consumer will then be refunded by recrediting of their bank account (secure transaction) in the case of payment by bank card, or by cheque in other cases.
Made-to-measure, special-size and personalised PRODUCTS are neither taken back nor exchanged.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
The right of withdrawal does not apply to:
• the delivery of products that cannot be returned for reasons of hygiene or health protection, if you have unsealed them, or which, after being delivered, have been inseparably mixed with other items;
• the delivery of audio or video recordings or computer software where you have unsealed them after delivery;
• the delivery of products that have been made to your specifications or clearly personalised;
• the supply of products liable to deteriorate or expire rapidly;
• the supply of services fully performed by SELLERIE GZ for which you agreed, when placing your order, that we could begin performance, and waived your right of withdrawal;
Article 11: Liability
The SELLER is liable for lack of conformity of the goods sold under the conditions of Articles L. 211-4 et seq. of the Consumer Code and for hidden defects in the goods under the conditions provided for in Articles 1641 et seq. of the Civil Code.
The SELLER's liability cannot in any circumstances be engaged in the event of non-performance or poor performance of contractual obligations attributable to the CUSTOMER, in particular when entering information relating to the proper conduct of deliveries.
Any obligation of the SELLER, in particular for any delay or non-performance, will be suspended by operation of law in the event of force majeure, the act of a third party, or any other event not attributable to the SELLER (and in particular, but not exclusively: reduction or stoppage of production of supplies, interruption of means of communication or transport, strikes, weather events such as storms or cyclones, computer or equipment failures, Internet connection problems, technical incidents, display errors, etc.)
The SELLER's sole and only obligation under its guarantee is limited to the replacement or repair, at its free choice, of the PRODUCT acknowledged as defective by SELLERIE GZ following an examination of the PRODUCT in dispute, to the exclusion of compensation for any other direct or indirect loss, whether personal, material or immaterial, and in particular any loss of operation or enjoyment, and any loss of profit suffered by the CUSTOMER or their successors in title, or any sub-purchaser of the said PRODUCT. In addition, the overall liability of SELLERIE GZ, and the guarantee owed to the CUSTOMER where applicable, will be expressly limited to the purchase value paid by the CUSTOMER for the PRODUCT acknowledged as defective.
SELLERIE GZ cannot be held liable for any damage caused directly or indirectly by any equipment or component not sold by SELLERIE GZ and/or by other equipment or components used to be integrated with or used together with its PRODUCTS. In particular, the liability of SELLERIE GZ cannot be engaged where the failure of one of its PRODUCTS is caused by such equipment or components with which it is associated. Any claim made by the CUSTOMER, whether under the guarantee of conformity, the guarantee against hidden defects or the contractual guarantee, must be substantiated and, where applicable, accompanied by all supporting evidence of the defective nature of the PRODUCTS in dispute, as well as the purchase invoice. In the event of a substantiated claim, a detailed analysis of the PRODUCT in dispute will be carried out by SELLERIE GZ. If, after this analysis, SELLERIE GZ considers the claim to be well founded, the company will bear the cost of returning the defective PRODUCTS, of their repair or replacement at its free choice, and of re-dispatching the repaired or replaced PRODUCT. The costs of cleaning the PRODUCTS remain in any event the responsibility of the CUSTOMER. It is also specified that the SELLER does not control the content of websites, mobile applications and any other platforms that are directly or indirectly linked to the SITE. Consequently, it excludes all liability in respect of the information published on them.
Our liability will not be engaged in the event of delay due to a stock shortage at the supplier. In addition, our liability will not be engaged in the event of minor differences between the presentation photos of the PRODUCTS and the texts displayed on the SITE, and the products delivered.
Article 12: Archiving of evidence
The SELLER will archive order forms and invoices on a reliable and durable medium constituting a true copy, in accordance with the provisions of Article 1348 of the Civil Code. The SELLER's computerised records will be regarded by the parties as proof of the communications, orders, payments and transactions that have taken place between the parties.
Article 13: Transfer of ownership
Until the price has been paid in full and in fact, SELLERIE GZ remains the owner of the goods sold. Full payment will constitute transfer of ownership.
In the event of non-payment of the total price of the PRODUCTS on the agreed due date, THE SELLER may reclaim ownership of the PRODUCTS at the CUSTOMER's expense and risk.
Article 14: Receipt of orders
The CUSTOMER undertakes to take delivery of the PRODUCT within fifteen calendar days following the CUSTOMER's receipt of the notice that the PRODUCT is available. After this period, SELLERIE GZ will be free to consider the sale terminated by operation of law, the contract price remaining fully owed to SELLERIE GZ by the CUSTOMER in respect of the loss suffered by SELLERIE GZ.
It is the responsibility of the recipient to check the condition of the PRODUCTS on receipt and to make all necessary findings in the event of breakage, damage or missing items, by stating their reservations on the delivery note, and within 48 hours following receipt of the goods, by registered letter with acknowledgement of receipt sent to the carrier, with a copy to the SELLER, in order to preserve their rights. In the absence of such reservations, the CUSTOMER will be presumed to have taken delivery of a PRODUCT in perfect structural and working condition.
In the event of a stock shortage, SELLERIE GZ will replace the missing PRODUCT with an equivalent item with the CUSTOMER's agreement. Deliveries are made only according to availability and in the order in which orders are received. SELLERIE GZ is authorised to make deliveries in full or in part. Delivery times are stated as accurately as possible but depend on SELLERIE GZ's supply and transport possibilities. For information, delivery times are between 2 and 5 days depending on the CUSTOMER's location. Exceeding delivery times cannot give rise to damages, to any withholding or to cancellation of orders in progress.
An invoice not disputed by the CUSTOMER within 8 days of receipt will constitute confirmation of perfect delivery of the order. Delivery within the stated times can take place only if the customer has given the SELLER accurate and complete information on the recipient's contact details. In the event of error, SELLERIE GZ cannot be held liable for the impossibility of delivering the PRODUCTS in the right place and at the right time.
Article 15: Customs
When you order products on the SITE to be delivered outside the European Union, you may be subject to import duties and taxes, which are collected when the parcel arrives at its destination. Any additional customs clearance charges will be at your expense; we have no control over these charges. Customs policies vary widely from one country to another, so you should contact your local customs office for more information. In addition, please note that when you place an order on the SITE, you are considered to be the official importer and must comply with all the laws and regulations of the country in which you receive the products. We draw our international customers' attention to the fact that cross-border deliveries may be opened and inspected by customs authorities.
With the exception of deliveries in France, we accept no liability should the item delivered not comply with the legislation of the country of delivery.
Article 16: Prices
The prices shown on the SITE are prices including VAT, in euros, taking into account the VAT applicable on the day of the order. The prices shown do not include handling, order packaging, transport and delivery costs.
The price that applies is the one shown on the SITE on the date on which the order is placed by the CUSTOMER.
The prices shown on the SITE may change. They may also be changed in the event of special offers or sales.
Despite all our efforts, a small number of the products in our catalogue may display an incorrect price. We will check the price when processing your order and before any payment. If it turns out that we have made an error in displaying the price, and that the actual price is higher than the price displayed on the SITE, we may contact you to ask whether you wish to buy the product at its actual price or whether you would prefer to cancel your order. If the actual price is lower than the price displayed, we will charge you the lower amount and send you the product. THE SELLER reserves the right to change its prices at any time and without notice.
Article 17: Intellectual property
In accordance with the provisions of Law No. 98-536 of 1 July 1998, transposing Directive 96/9/EC of 11 March 1996 on the legal protection of databases, SELLERIE GZ is the producer and owner of all or part of the databases making up this SITE. All the data appearing on this site (texts, images, graphics, logos, icons, sounds) is protected by copyright.
Article 18: APPLICABLE LAW
THE APPLICABLE LAW IS FRENCH LAW. ALL THE CLAUSES OF THESE T&Cs, ALL TRANSACTIONS AND PURCHASE OPERATIONS
CARRIED OUT FROM THE SITE AS WELL AS BY POST AND BY TELEPHONE ARE GOVERNED BY FRENCH LAW AND LEGISLATION.
FOR ANY DISPUTE NOT SETTLED AMICABLY, EXPRESS JURISDICTION IS GIVEN TO THE COMMERCIAL COURT OF XXXXX, EVEN IN THE CASE OF MULTIPLE DEFENDANTS OR THIRD-PARTY OR WARRANTY PROCEEDINGS, INCLUDING FOR PROCEEDINGS
Delivery
Shipping costs
For mainland France:
Postage costs:
Insert the Colissimo and Chronopost terms (as chosen)
Verified Reviews
SELLERIE GZ uses the review collection site: XXXXXXXX operated by the company XXXXXX.
If you do not wish to receive a review request, you must add "no review" in the order comments
The general terms of use of the verified reviews site are available at the following address: XXXXXXXXXXXXX
Review requests are sent automatically to the verified reviews site. If you have not received a review request (exceptional order times, refund of the total order amount, cancellation, undelivered e-mail ...) you may at any time send your proof of purchase and your review directly to verified reviews or contact us) by email at XXXXXXXXXXXXXX
Model withdrawal form
Please complete and return this form only if you wish to withdraw from the sales contract.
For the attention of Sellerie GZ, 10 route d'Arles, 13118 Entressen, email: XXXXXXXX:
I/we (*) hereby notify you/give notice (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below:
Ordered on (*)/received on (*):
Reference:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper)
: [...] »
Date:
(*) Delete as appropriate.