Conditions Générales de Vente
ARTICLE 1: APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF ONLINE SALE
The present General Terms and Conditions of Sale apply to customers (hereinafter individually the "Customer" and collectively the "Customers") in the context of the online purchase of products on the www.pierregonalons.com website (hereinafter the "Site").
This online sales service enables the Customer to purchase all types of products designed by Pierre Gonalons (hereinafter the "Products"). Any order validated by the Customer via the Site implies prior, full and unreserved consultation and acceptance of these General Terms and Conditions of Sale. In the event of disagreement, the Customer must not place an order on the Site.
ARTICLE 2: CONDITIONS OF USE OF THE ONLINE SALES SERVICE
The General Terms and Conditions of Sale apply, without restriction or reservation, to any Customer wishing to purchase Products. A "Customer" is any individual or legal entity, resident anywhere in the world, who visits the Site to purchase a Product. The sale of Products is only open to persons having the legal capacity to contract under applicable law.
A "Product" is any creation presented on the www.pierregonalons.com website with a description enabling the Customer to know its essential characteristics (dimensions, materials, colors, options, etc.) as well as its price, and indicated as being "On order" or "In stock". These General Terms and Conditions of Sale are the only ones applicable, to the exclusion of all others.
These General Terms and Conditions of Sale are enforceable against Customers from the date they are posted on the Site and cannot be applied to transactions concluded previously. Pierre Gonalons reserves the right to cancel or refuse, without delay, any order that appears to be contentious or fraudulent and any order by a Customer with whom there is a dispute of any kind, past or current.
The present conditions may be modified at any time by Pierre Gonalons without prior notice. Validation of the order by the Customer implies acceptance without restriction or reservation of these General Sales Conditions. The present General Terms and Conditions of Sale may be modified from time to time. The applicable conditions are those in force at the date of the order.
The Customer acknowledges having the capacity required to contract and purchase the Products offered on the Site.
ARTICLE 3: PRICES
The prices indicated are net prices including VAT or net prices excluding VAT (excluding EU) to be paid in euros, excluding shipping costs. Depending on the place of delivery, the amount of the corresponding shipping costs will be added on the summary page before final validation of the order communicated to the Customer by Pierre Gonalons when the order is placed. Pierre Gonalons reserves the right to modify prices at any time, while guaranteeing the Customer the application of the price in force on the day of the order.
If the Customer orders a Product from the Site to a country other than Metropolitan France, he acknowledges that he is the importer of the said Product. In the case of a purchase to a country outside the European Union, any charges, local taxes or customs duties are not the responsibility of Pierre Gonalons and will be borne by the Customer. It is the Customer's responsibility to find out about import conditions and to declare his purchase to the authorities in his country.
ARTICLE 4: ORDERING PRODUCTS
The purchase of a Product on the Site involves a multi-step procedure:
Selection - The Customer may add one or more Products to his/her basket by clicking on the "Add to basket" icon on the Product presentation page.
Placing a product in the shopping cart does not constitute a reservation of the Product; consequently, Pierre Gonalons is released from any liability in the event that a third party purchaser on the site should reserve the same product in the interval between the placing of the product in the shopping cart by the Customer and its reservation under the conditions defined below, and that this same product should consequently no longer be available for sale.
The basket can be accessed and modified at any time when the Customer logs on to the Site, by clicking on the "Basket" icon.
My Shopping Cart" page - In the shopping cart, the Customer can select the Products he/she actually wishes to purchase, or remove unwanted Products and, after selecting a delivery method, can continue ordering Products by clicking on the "Checkout" icon. Please note: this action does not make the Product unavailable on the Site for other potential buyers.
Depending on stock levels, the Product will become unavailable on the Site once payment has been made. The delivery method applicable to an order and the corresponding charges will be indicated so that the Customer can accept them when finalizing his order.
Completing the customer file - The customer must complete the following fields:
The customer may choose to have the order shipped to a different address by filling in the corresponding mandatory fields. Otherwise, the billing address will be used as the delivery address.
The fields highlighted in red at the time of selection are compulsory information on the form, as they are necessary for the order to be processed and delivered.
Order summary and choice of payment method - The customer will then be informed of the order summary, the delivery method and the amount of the related delivery charges.
Full payment for the Product will be made online by credit card or paypal. The Customer may validate the order and the final applicable price (Product price and final delivery charges) by clicking on the "ORDER" icon.
Clicking on this icon will automatically confirm receipt of the order by sending an e-mail to the Customer.
Unavailability of the Product
Pierre Gonalons is released from any responsibility in the event of unavailability of Products.
The Customer is fully aware that Pierre Gonalons products are made by craftsmen and that variations in colors and shapes may appear and differ slightly from the images displayed on the site.
However, it is understood that in the hypothesis of an online payment by credit card made by the Customer for a Product that is ultimately unavailable for reasons related in particular to technical problems on the Site, Pierre Gonalons will inform the Customer of the impossibility of honoring the order and will proceed to reimburse the sums paid within 5 (five) working days without the Customer being able to claim any compensation whatsoever.
ARTICLE 5 : PAYMENT
Any payment by credit card must be understood as payment of the full price of the Product, EU taxes and delivery charges, where applicable.
Payment will be made by credit card (Visa, MasterCard, American Express, other credit cards) on the secure site, which guarantees the confidentiality and security of data. The card will be debited within a few hours of the order being validated.
Payment of the total amount due, i.e. the net price of the Product and any delivery charges, will initiate the delivery process. Proof of the transactions made will be recorded by Pierre Gonalons and/or its payment system and receipt of the payment in question will be notified to the Customer by the sending of an e-mail which will constitute proof of payment. The Products sold on the Site remain the property of Pierre Gonalons until full payment of the Product and delivery costs.
It is thus specified that the sales contract concluded between the Customer and Pierre Gonalons is subject to the conditions that (i) the Product is "To order" or "In stock" and that (ii) the payment has been received and cashed by Pierre Gonalons.
In the event of non-payment, in particular due to the bank's refusal to honor the transaction or due to an objection made by the Customer to the transaction, before or after the conclusion of the transaction, Pierre Gonalons may automatically terminate the sale without notice or delay and may, where applicable, demand the return of the Product at the Customer's expense and/or return the Product to "available" status on the Site. For the application of this paragraph, it is understood that the cases of opposition accepted will be the same as those recognized by the issuing credit institution.
ARTICLE 6: DELIVERY
Payment of the total amount due, i.e. the net price of the Product and any delivery charges, will initiate the delivery process. Proof of past transactions will be recorded by Pierre Gonalons and/or its payment system and receipt of the payment will be considered as proof of payment.
Pierre Gonalons will have the Product delivered/shipped to the address indicated at the time of the order within a period of time that will be mentioned in the product characteristics.
All deliveries will be made to the RDC of the place of delivery.
In the case of a large order (sofa, occasional table, lighting fixtures), we recommend that if you live on the upper floor of a building, you make sure that the piece of furniture can be assembled through your stairwell and that on the day of delivery you will be helped by a relative to assemble the item in your home.
No credit note will be issued in the event that you are unable to assemble your product upstairs due to the dimensions of your stairwell.
Likewise, in application of articles 1218 and 1351148 of the French Civil Code, Pierre Gonalons cannot be held responsible or considered to have committed a fault in the processing of the Customer's file, if any delay, any delivery defect and/or any damage to the Product during delivery result from a case of force majeure, as specified in article 11 below.
The Product will be delivered to the delivery address indicated by the Customer during the ordering process. If the Customer notices a non-conformity or an apparent defect on the delivered Product, he/she must immediately report the problem to Pierre Gonalons with all the related documents by contacting customer service at the following e-mail address: firstname.lastname@example.org.
In this case, Pierre Gonalons or the carrier will be responsible for the return shipping costs, and Pierre Gonalons will proceed as soon as possible, at the Customer's discretion, to exchange the Product with an equivalent Product or one of equivalent value, or to reimburse the Customer.
Important: the Customer must open the parcel upon delivery and check the condition of the product in the presence of the delivery person in order to express comments or reservations in writing on the slip that he must sign. Failing this, no claim can be validly accepted by Pierre Gonalons.
If these formalities are not complied with at the time of delivery, the Product delivered will be deemed compliant and free of any apparent defect and no claim will be validly accepted by Pierre Gonalons.
Article 7: RIGHT OF RETRACTATION
Pursuant to Article L. 221121-1821 (law of March 17, 2014 relating to consumption) of the Consumer Code, the Customer has a period of fourteen 14 (fourteen) days from delivery of the Product to formulate his right of withdrawal to Pierre Gonalons by e-mail to the e-mail address: email@example.com and to request exchange with an equivalent Product or of equivalent value. The Product must be returned in its original packaging and in perfect condition within seven (7) days of delivery. The returned Product will travel at the Customer's risk.
Return shipping costs will be borne exclusively by the Customer. Products returned damaged by the Customer will not be taken back or reimbursed.
The exchange, subject to availability, or refund will be made within thirty 30 (thirty) days from receipt by Pierre Gonalons of the returned Product in perfect condition.
ARTICLE 8: GUARANTEES
The Product supplied by Pierre Gonalons benefits, in accordance with legal provisions, from :
The legal guarantee of conformity;
The legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use.
Any warranty is excluded in the event of misuse, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.
Pierre Gonalons' guarantee is limited to the exchange with a Product of equivalent value or to the reimbursement of the Product that does not conform or is affected by a defect.
Pierre Gonalons undertakes to ensure that the Products presented on the Site comply with their description(s) and with the requirements of French law. In the event of a material error on the Site resulting in the delivery of another Product to the Customer, the latter may at his discretion request an exchange with the correct Product if it is still available, with a Product of equivalent value or reimbursement of the sums paid but may not claim any compensation from Pierre Gonalons.
Pierre Gonalons cannot be held responsible under any circumstances, without this list being restrictive:
the transmission and/or reception of any data and/or information on the Internet;
any malfunction of the Internet network preventing the receipt and/or dispatch of e-mails or the processing of orders;
failure of any receiving equipment or communication lines;
loss of any paper or electronic mail and, more generally, loss of any data;
delivery problems or damage during transport;
the functioning of any software;
the consequences of any virus, computer bug, anomaly or technical failure;
any damage to a customer's computer;
any technical, hardware or software failure of any kind, preventing or limiting the possibility of placing an order or damaging a Customer's system.
ARTICLE 9: AFTER-SALES SERVICE / CUSTOMER RELATIONS
The Customer may contact Pierre Gonalons for any question relating to a Product by means of the "Contact" form available on the Site.
ARTICLE 10: INTELLECTUAL PROPERTY
All visual elements displayed on the Site are protected by intellectual property law, and in particular by copyright, pursuant to articles L. 112-1 et seq. of the French Intellectual Property Code. The Customer may under no circumstances use, copy, reproduce, represent, adapt, modify or distort the Products represented on the Site or all or part of their constituent elements, including on the Internet, without the prior written authorization of Pierre Gonalons or its publishers, if the latter are the originators of the visuals reproduced.
Pierre Gonalons reserves the right to prosecute any act of infringement of its intellectual property rights, including criminal proceedings.
Pierre Gonalons is the exclusive owner of the copyrights on the Products, within the meaning of Articles L. 111-1 et seq. of the French Intellectual Property Code and, where applicable, of drawings and models. The rights of representation, reproduction and adaptation of the Products on the Site belong to Pierre Gonalons. Pierre Gonalons' prior written authorization is required for any use of these rights.
The Customer's rights to the Product purchased are therefore limited to a right of private use in accordance with its intended purpose, excluding any right of representation, reproduction and adaptation whatsoever.
ARTICLE 11: FORCE MAJEURE
Pierre Gonalons shall not be held liable in the event of the occurrence of an event presenting the characteristics of force majeure, as defined by article 1218 of the French Civil Code, and making it impossible to fulfil its obligations.
In such a case, the Customer shall not be entitled to any reimbursement or compensation of any kind whatsoever.
ARTICLE 12: CUSTOMER'S PERSONAL DATA
The information communicated by the Customer as part of the online sales service is essential for the management of the Customer's order by Pierre Gonalons and may, in this context, be communicated to companies involved in the management of the Site and the processing of orders.
In accordance with the French Data Protection Act of January 6, 1978, as amended, customers have the right to access, rectify and object to the use of their personal data.
Customers may exercise this right at any time by sending an e-mail to the following address: firstname.lastname@example.org, stating their surname, first name and e-mail address. It is specified that should the Customer request the deletion of his/her data,
Pierre Gonalons may cease to offer online sales services to the Customer whose personal data is necessary for the execution of said services. Pierre Gonalons reserves the right to send the Customer commercial proposals concerning products that may be of interest, in particular via the newsletter or any other electronic mail. At any time upon receipt, the Customer may refuse to receive such mailings by clicking on the message that accompanies the mailing or by contacting the Customer Sales Department at the address given above.
ARTICLE 13: SECURITY AND CONFIDENTIALITY OF INFORMATION
The Site complies with the rules in force in France concerning the confidentiality of users' personal data.
For credit card payments, the Site uses the latest technology and has been SSL-certified by a legally-recognized organization. The data used (card number, expiry date, security number) is transmitted in encrypted form to approved software [of the PAYBOX type] which handles management with Pierre Gonalons' bank.
Storage of bank details: Credit card data is deleted once the transaction has been completed, i.e. as soon as payment has been made. However, they are kept by the service provider for the purposes of proof in the event of a possible dispute of the transaction, in intermediate archives, for a maximum period of thirteen (13) months following the debit date. Data relating to the visual cryptogram is not stored.
ARTICLE 14: COOKIES
Any use of the online sales service gives rise, subject to the Customer's consent, to the installation of a cookie on the terminal from which the Customer makes a purchase. A cookie is a tracker placed on the Customer's terminal which is used to record information relating to the Customer's browsing on the Site.
It is specified that the cookie is intended to record information relating to the Customer's browsing on the Site and thus to facilitate subsequent visits (personalization of Site content, memorization of login and password, geolocation). This information is kept for one (1) [one (1)] year from the date of the Customer's consent.
It is specified that the Customer may oppose the recording of cookies and configure his browser by clicking on the link relating to cookie settings. However, in this case, use of certain Site functions will be limited. Continued browsing by the Customer implies consent to the deposit of cookies on his/her terminal.
ARTICLE 15: LIMITATIONS OF WARRANTY AND LIABILITY
Pierre Gonalons will do its utmost to ensure that the Site functions correctly at all times. However, interruptions may occur for reasons of maintenance or updating, in case of emergency repairs or in case of failure of telecommunication systems beyond the control of Pierre Gonalons.
Pierre Gonalons does not guarantee, in any way whatsoever, that the Site is free of any malicious computer code, including but not limited to computer viruses.
Pierre Gonalons cannot be held responsible in case of damage or deletion of data caused by malicious computer codes.
ARTICLE 16: APPLICABLE LAW - DISPUTES
These General Terms and Conditions of Sale are governed by French law. Any claim or dispute arising from the interpretation or execution of these General Terms and Conditions of Sale shall be submitted to the competent courts by application of the rules of common law if the Customer is a private individual. If the Customer is a professional, the competent courts will be those of the Paris Court of Appeal, under the conditions of common law.
The Customer is hereby informed that he may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (Consumer Mediation Commission) or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
ARTICLE 17: LEGAL NOTICES
The Site's publisher is ASCETE - Pierre Gonalons.
Limited liability company with capital of €31,600.00
Registered at the Registre du Commerce et des Sociétés de Paris under number B 450 249 628.
Registered office: 52 rue de l'Arbre Sec 75001 Paris
Phone number: +33 (0)1 43 46 70 39
Publishing Director: Pierre Gonalons
The site is hosted by OVH
Simplified joint-stock company with capital of €10,069,020
Registered with the Lille Trade and Companies Registry
Registered office: 2 Rue Kellermann, 59100 Roubaix