Legals

II.1 Product Specifications

The Products offered for sale by the Company are those shown on the Site on the day of consultation by the Customer. The authentic description of the Products is that published on the Site at the time of the order. 

Each Product is the subject of a description sheet detailing the essential characteristics of the Product (in particular the unit price, available sizes and colors, composition and special features) and containing one or more photographs of the Product. The Customer is invited to refer to the description sheet for each Product in order to find out about its properties and particularities, in particular to determine whether these correspond to the characteristics sought by the Customer. The choice and purchase of a Product are the sole responsibility of the Customer. 

The Products are described and presented as accurately as possible. While the Company makes every effort to ensure that the color and pattern of the Items whose photographs are displayed on the Site are faithful to the original Items, minor differences may exist, depending in particular on the resolution and color definition of the Customer's screen. Consequently, the Company cannot be held responsible for minor differences in the photographs of the Products on the Site.

The Company undertakes to deliver Products that comply with current regulations on personal health and safety, in accordance with European provisions and in particular with legislation on regulated chemical substances.

II.2 Product availability

Products are sold while stocks last. Information on the availability of Products is provided on the Site on the Item page and when the order is placed. The Company makes every effort to ensure that the availability of Products is regularly updated. 

However, despite all the precautions taken, it may exceptionally happen that a Product ordered is no longer available. In such a case, the Company will immediately inform the Customer, who will be reimbursed for the amount of the unavailable Products and delivery costs, using the same means of payment. 

The Company shall not be held liable in the event of the unavailability of one or more Products on the Site. 

The Company reserves the right to change the Products offered on the Site at any time and without notice. 

III.1 Pricing information

The prices of the Products are those appearing on the Site on the day of the order. They include all taxes but exclude delivery charges, it being understood that the value added tax is that in force in mainland France on the date of validation of the order. 

Delivery costs vary according to the delivery method chosen and are communicated to the Customer on the order summary before the order is validated. All taxes are included. 

Delivery charges are payable by the Customer and are invoiced in addition to the sale price of the Products. The Customer is informed that in certain cases, depending on the place of delivery, additional taxes and customs duties may apply.

III.2 Price display

Prices displayed on the Site are in Euros, excluding the countries listed in the table below.

It is specified that the Customer may be liable for taxes applicable to the order. The amount of taxes varies according to the country of shipment chosen by the Customer.

In the event of the display of an erroneous or obviously derisory price (low price), for whatever reason (in particular an information bug, a manual error or a technical error), the order, even if validated by the Company, will be cancelled, and the Customer will be informed of this as soon as possible. In this case, the Customer may, if he/she so wishes, subject to the availability of the Articles, place his/her order again at the corrected and exact price.

III.3 Price changes

The Company reserves the right to modify the price of the Articles at any time and without notice, it being specified that the prices applicable to the Articles are those in force on the day of the order.

The Customer completes his order by following the steps described below.

a) Product selection

The Customer is invited to select, enter the qualities (color, size, etc.) and quantity of the Products he wishes to order and place them in the shopping cart by clicking on the "Add to Cart" button.

The "Shopping Cart" icon in the top right-hand corner of the screen informs the Customer that the selections have been taken into account by indicating the number of the Products it contains.

The Customer is invited to consult the contents of his shopping cart at any time by clicking on the icon. At this stage, the Customer may freely check the details of his selection, identify any errors made in entering the Products, delete a Product initially selected, modify the quantities or add a Product by clicking on the corresponding items in the Shopping Cart. 

b) Cart validation and order placement

To validate his selection of Products and his order, the Customer is invited to click on the "Checkout" button.

Once the cart has been validated, the Customer has three options for finalizing the order:

1. identify himself by clicking on the "Log in" button and entering his e-mail address and password to order using his customer account. The Customer may also identify himself by using his FACEBOOK or GOOGLE account.

2. continue as a guest, i.e., without creating a customer account

3. create a customer account: Before clicking on the "CREATE AN ACCOUNT" button, the Customer must provide the following information:

   a) his civility,

   b) first name,

   c) its name,

   d) phone number,

   e) his e-mail address,

   f) password.

The Customer may also choose to subscribe to the GERARD DAREL Newsletter and to receive information about them by SMS.

The creation of a customer account allows the Customer to modify and/or complete his personal data and to consult his order history.

In the case of a customer account, the Customer is hereby informed that his customer account is strictly personal. Consequently, the Customer undertakes to keep this account securely and never to communicate it to third parties. The Customer undertakes to inform the Company immediately of any fraudulent use of his/her customer account as soon as he/she becomes aware of it. In the event of loss or theft of the password, the Customer may request the Company to generate a new password.

Depending on the option chosen by the Customer: 

• place an order via his customer account: If the Customer has entered an address in his profile, this will be automatically indicated as the shipping address. The Customer is free to use a new address by clicking on the drop-down menu in the "Registered addresses" box.

• create a customer account: The Customer is invited to enter his delivery details (country of delivery, first and last name, address and telephone number). The Customer can request that his details be saved for future orders. 

• to continue as a guest: The Customer must enter an e-mail address in the "Contact Information" tab before entering his shipping address (country of delivery, first and last name, address and telephone number). The Customer may request that his contact details be saved for future orders.

The Company cannot be held responsible for the inaccuracy of information provided by the Customer.

The Customer is invited to consult our Privacy and Cookie Policy to learn more about the treatment of the information he has provided. 

Once the required information has been entered, the Customer is invited to read and explicitly accept the GTCS by ticking the box "I agree to the terms and refund policy and privacy policy". Only after accepting the terms and conditions can the customer continue with the shipment by clicking on the "Continue to shipping" button. 

c) Shipping method

The Customer is invited to select the delivery method. It is at this stage that the Customer is informed of the delivery time in working days and the cost of each delivery method.

It is specified that the delivery method chosen varies according to the delivery address given by the Customer.

Once the shipping method has been chosen, the Customer can proceed to payment by clicking on the "Continue to payment" button.

d) Payment

The Customer is invited to select one of the following payment methods:

• credit card or bank card: Carte Bleue, Visa ®, MasterCard ® and American Express® credit cards and bank cards are accepted. The Customer must provide his credit card number, the name of the cardholder, the expiry date and the three numbers of the visual cryptogram on the back of the card. In the case of payment by American Express, the Customer must provide four numbers. 

  Direct debit authorization is requested when the order is validated on the Site, except in the event of server unavailability. The Company reserves the right to issue a new direct debit authorization request if the first request is unsuccessful due to server unavailability.

  The Company makes every effort to ensure the confidentiality and security of bank details transmitted via the Site. The Site is equipped with an online payment security system that encrypts customer data. Payment information is transmitted according to the highest security standards. The transmission of banking data is guaranteed by the Company's partner: Shopify (Shopify being a technical service provider, it does not handle any disputes relating to orders, which are handled directly by the Company as specified above, or by the Customer's bank where applicable).

  All information exchanged to process payment is encrypted using SSL (Secure Socket Layer) protocol: this data cannot be detected, intercepted or used by third parties. At no time do the customer's financial data pass through the company's computer system. Shopify verifies that the connection with the customer's browser is secure before sending the payment form to the banking institution carrying out the financial transaction.

  
  

• Paypal: by choosing this payment method, the Customer is automatically redirected to the Paypal platform. If the customer does not yet have a Paypal account, they can create one at this point. The applicable conditions are those of Paypal. Once the order has been validated with Paypal, the Customer is redirected to the Site's confirmation page. 

• Apple Pay: available only if the Customer is using Apple support and has activated Apple Pay functionality.

• Scalapay: the Company offers customers the option of paying for their order in three instalments, free of charge (one instalment per month). By choosing this payment method, the Customer is automatically redirected to the Scalapay platform. The applicable conditions are those of Scalapay. The Customer is invited to consult these conditions by clicking on the "general conditions" link, and to follow the payment procedure. 

The Customer warrants to the Company that he has the necessary authorizations to use the chosen method of payment. 

At this stage, the Customer can also enter a discount code and a billing address, which may be the same as or different from the delivery address. 

Once the payment method has been selected and the required information has been entered, the Customer can proceed with payment by clicking on the "Pay now" button.

In the event of non-payment, incorrect invoicing address or any problem caused by the Customer relating to the payment of the order, the Company reserves the right to block the order until the dispute has been fully resolved.

e) Order confirmation

As soon as the Customer's payment has been accepted, the Customer will receive an e-mail confirming the order, summarizing all the essential characteristics of the order (order number, items ordered, total amount, billing and delivery address and delivery date, etc.) and containing (or enabling the Customer to download or print) the General Terms and Conditions of Sale (failing which, the Customer is invited to contact the Company's customer service department).

The validation of the order by the Customer and the confirmation of the order sent to the Customer by e-mail by the Company after acceptance of payment constitute the conclusion of a sales contract between the parties and acceptance of these GTCS.

Consequently, the Customer formally accepts the use of electronic mail for confirmation by the Company of the content of his order.

The Company invites the Customer to keep this summary on an electronic medium. 

It is possible that certain e-mails may be qualified as spam. The Company therefore advises customers to check their spam folder to ensure that they have not received any confirmation or summary of their order.

The Company reserves the right, however, not to validate an order for legitimate reasons, including but not limited to: 

• previous abusive claims,

• abnormal order quantities,

• abusive exchanges and returns,

• existing dispute(s) with the Customer.

GERARD DAREL's Customer Service Department is available to answer any questions the Customer may have about the order.

Customer service is available via the contact form available on the Site via using contact form in the "Contact us" section by e-mail eshop@gerarddarel.com and by telephone +33 (0) 1 80 49 12 12 Monday to Friday, 9am to 1pm and 2pm to 6pm (excluding public holidays). 

f) Order archiving

Order confirmations are recorded on GERARD DAREL's registers, which are themselves kept on a reliable and durable medium. The Customer accepts that the order confirmation is considered as proof of the contractual relationship between the parties.

For orders placed on the Site, the Company recommends that the Customer also keep a copy (in electronic and/or paper format) of the elements relating to his/her order.

Products ordered remain the exclusive property of the Company until full payment has been received by the Company.

a) Delivery Place

The Company delivers the Products presented on the Site exclusively to the following countries:

• Metropolitan France (including Corsica)

• Monaco

• Guadeloupe

• Martinique

• Germany

• Belgium

• Spain

• Italy

• Luxembourg

• Netherlands

• Portugal

• Ireland

• Romania

• Switzerland

• United Kingdom

• United States 

Products are delivered exclusively to the delivery address indicated by the Customer at the time of ordering. The delivery address may not be changed after the order has been confirmed by the Company.

Orders cannot be placed for delivery addresses outside the above-mentioned countries. 

b) Delivery charges

This provision applies regardless of the delivery method chosen. Delivery charges are payable by the Customer. The amount of these charges varies according to the delivery method and the place of delivery of the order. This amount is indicated and made known to the Customer at all stages of the order process. 

The delivery methods offered to the Customer vary according to the delivery address. 

For orders outside France, once the parcel intended for export reaches its destination, the Customer is responsible for paying any taxes or customs duties applicable in the country of destination.

Local authorities may be able to provide useful information.

c) Delivery time

The Company will do its utmost to ensure that the order is delivered within the delivery time indicated. In the event that, for any reason whatsoever, the Company is unable to meet the delivery date indicated, the Company will inform the Customer and the Customer will have the choice of confirming his wish to be delivered on the new delivery date proposed, or cancelling the order without charge or penalty (in this case only, the Customer will be refunded the amount of his or her order). 

In the event that the invoicing information provided by the Customer is incomplete or erroneous, the Company may request the Customer to provide additional information, which may extend the delivery time, without the Company being held liable in this respect. 

In addition, the Customer is informed that during periods of high activity (particularly sales periods, end-of-year festivities, etc.), parcel preparation times may be extended, which may result in their dispatch being delayed by a maximum of one week. In such cases, the Company undertakes to do its utmost to satisfy the Customer and thanks him for his understanding. 

Delivery is considered to have been made when the Customer or any third party designated by the Customer signs the order acknowledgement at the delivery address specified in the order; or

d) Delivery problems

Any failure or delay in delivery, which exceeds the expected delivery times (those indicated by the Company and within the limit of thirty days) must be reported to eshop@gerarddarel.com as soon as possible. In such cases, the Customer may request a new delivery date or cancellation of the order.

In any event, the Company declines all responsibility for any failure or delay in delivery due to force majeure as defined in article 12 of the GTCS.

If the order cannot be delivered for reasons attributable to the Customer (in particular due to an error in the delivery address), the Company reserves the right, at its sole discretion, to cancel the order at the end of a period of thirty (30) days following the initially scheduled delivery date.

Where applicable, the Company reserves the right to invoice the Customer for any additional transport costs incurred as a result of the Company's inability to deliver the order.

The risks on the Articles are transferred to the Customer at the moment when he takes physical possession of the Articles concerned. 

It is also the Customer's responsibility to check the number and apparent condition of the Articles upon delivery by the carrier. If the parcel received is open or visibly damaged, or if all or part of the Items in the parcel are damaged, missing or do not correspond to the order, the Customer is invited to notify the Company by e-mail to eshop@gerarddarel.com or by using the contact form accessible via the "Contact us" tab within forty-eight hours (48h) in order to enable the Company to proceed with an investigation with the carrier and/or to exercise recourse with the carrier within the time limits provided for by the applicable regulations, where applicable. 

In the event of a shortage, refusal or return of an Article by the Customer in the above circumstances, the Company will either refund the Article(s) concerned within 14 days or reship the Article(s) concerned.

It is specified that the above provisions do not deprive the Customer of the benefit of the right of withdrawal as provided for in Article 8 below.

In accordance with current legislation, the Customer has a period of fourteen (14) days following receipt of the Article to exercise his right of withdrawal, without having to justify his decision or incur penalties. The Company has extended this legal period by sixteen (16) days, enabling the Customer to exercise his right of withdrawal within thirty (30) days from the date of receipt of the Products (this period begins the day after receipt of the Products, and if it expires on a Saturday, Sunday or public holiday, it is extended until the next working day).

In the case of an order for several items delivered separately, or in the case of an order made up of multiple batches or parts whose delivery is staggered over a defined period, the lead time runs from receipt of the last item in the batch or the last part.

To exercise his right of withdrawal, the Customer is invited to notify the Company in writing of his decision to withdraw, before the expiry of the aforementioned withdrawal period, by means of an unambiguous statement (in particular using the standard withdrawal form attached to the GTCS). To do so, he may send a letter to the Company at the address given below, or an e-mail to eshop@gerarddarel.com, or use the online procedure provided on the Site under the “Return” tab. 

In accordance with current legislation, the Customer then has a period of fourteen (14) days following notification of his decision to withdraw to return the Product(s) concerned. The Company extends this legal period by sixteen (16) days, enabling the Customer to return the Product(s) concerned within thirty (30) days of said notification.

For all returns within the framework of the right of withdrawal, the procedure below must be fully and scrupulously respected:

• The Customer must enclose with the parcel the returns form, completed and printed; it being specified that the return form is available:

  a) via the “Return” tab on the Site, it being specified that the Customer must enter his order number and e-mail address; or 

  b) using the returns form accessible on the Site from the Customer Area - "My Orders" section.

  c) in the delivery parcel containing the Customer’s order.

  
  

• No returns will be accepted without a duly completed returns form.

  
  

• Products must be returned in their original packaging, with any accessories, in a condition that allows them to be marketed immediately (the Customer may be held liable in the event of depreciation of the items resulting from handling other than that necessary to establish their nature, characteristics and proper functioning) to the following address:

DS FASHION GROUP 

GERARD DAREL - Zone de Moimont - SED Bat B2 - Quai 93/94

1 rue Jean Jaurès

95670 MARLY LA VILLE

The cost of return shipment shall be borne by the Company. A return slip will be sent to the Customer by the Company, which the Customer must use to return the items concerned. If the Customer decides not to use this return slip, the cost of returning the goods will be borne by the Customer. The risks associated with the return are borne by the Customer.

Subject to the above conditions, the Company will reimburse the Customer for the price of the Product(s) returned.

If delivery costs were included in the order amount, they will be reimbursed at the amount of the standard delivery method.

The Company will reimburse the Customer for the said amount within fourteen (14) days following the date on which it was informed of the Customer's decision to withdraw. This reimbursement may be deferred until the Company has received the Articles returned by the Customer, or until the Customer has sent proof of shipment of the Articles to the Company, whichever comes first. 

Please note: The right of withdrawal cannot be exercised for the following contracts:

• Provision of services fully performed before the end of the withdrawal period and whose performance has begun after the prior express consent of the consumer and express waiver of his right of withdrawal, when the service has been fully performed by the Company,

• Supply of goods made to the consumer's specifications or clearly personalized,

• Supply of goods liable to deteriorate or expire rapidly,

• The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection,

• The supply of goods which, after delivery and by their nature, are inseparably mixed with other products.

Products sold by the Company are subject to the conditions of the legal guarantee of conformity provided by the European Law. 

Should the Customer discover a lack of conformity and/or hidden defect, he must inform the Company as soon as possible by one of the means of contact mentioned in the preamble. The Company will inform the Customer of the procedure to follow to return the Products.

The Company undertakes to deliver to the Customer an Product in conformity with the contract and free from defects of conformity at the time of delivery of the said Product, in the sense that the Product will be fit for the use usually expected of a similar good and that it will have the characteristics described at the time of sale. 

The Company is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter has been made its responsibility under the contract or has been carried out under its responsibility. 

The Customer:

• has a period of two (2) days from delivery of the Products to make use of the warranty with the Company, it being specified that the Customer does not have to prove the date of appearance of the defect. Defects of conformity appearing during this period are presumed to have existed at the time of delivery, unless proven otherwise.

  
  

• can choose :

  a) the repair of the Product, it being specified that once the Product has been repaired, the Customer benefits from a six (6) month extension of its warranty of conformity OR

  b) replacement of the Product, in which case the replaced Product benefits from a new legal warranty period of two (2) years

unless one of these two choices is impossible or entails a manifestly disproportionate cost for the Company, in which case the Company may choose the other solution. 

Repair or replacement will take place within no more than thirty (30) days of the Customer's request.

OR 

in the event that (1) the Company refuses to comply, (2) compliance takes longer than thirty (30) days, (3) the failure to comply is serious, or (4) compliance by the Company is unsuccessful:

• have the price paid refunded and return the Article or

• keep the article and have part of the price refunded.

  Total or partial reimbursement will be made no later than fourteen (14) days following the Customer's request.

The Customer is also entitled to a reduction in the price of the goods or to rescission of the contract if the lack of conformity is so serious as to justify immediate reduction in the price or rescission of the contract. In such cases, the customer is not obliged to request repair or replacement of the goods beforehand.

The Customer is not entitled to rescind the sale if the lack of conformity is minor.

Any period during which the product is immobilized for repair or replacement suspends the warranty remaining until delivery of the repaired product.

It is specified that the repair, replacement or reimbursement of the Product will take place at no cost to the Customer and does not preclude the possible allocation of damages in the event that the Customer is entitled thereto. 

The Customer acknowledges and agrees that all copyrights, trademarks and other intellectual property rights or elements, whether or not protected by intellectual property law, relating to all information or content appearing on the Site are, at all times, the property of the Company, of any other company belonging to the GERARD DAREL Group or of third parties such as those to whom the Company and/or any other company belonging to the GERARD DAREL Group has granted a license.

Consequently, the Customer agrees not to extract, represent, reproduce or, more generally, undermine these elements or all or part of the Site.

In the context of the Customer's browsing or use of the Site, the Company processes and collects personal data.

The Privacy Policy and the Cookie Policy are an integral part of the GTCS and provide information on how the Company collects and processes personal data and uses cookies.

The Privacy and Cookies policy can be consulted under the "Privacy policy" and "Cookies" tabs on the Site.

In order to exercise the rights provided for by the regulations relating to personal data as explained in the said policy, each Customer may contact the Company:

• By post:

ON LINE SAS 

GERARD DAREL - Data Protection Department 

130 rue Réaumur, 75002 Paris

• By e-mail: rgpd@gerarddarel.com 

• By using the contact form at the following address: https://gerarddarel.com/pages/contactez-nous

In the event of force majeure, the effects of the sales contract will be suspended and the Company may, at its sole discretion, cancel the order without incurring any liability in this respect. In this case, the Company will reimburse the Customer for the price of the order and any delivery charges. 

Force majeure is defined as an event of an insurmountable and irresistible nature, resulting from an event beyond the control of the parties, consisting of an event or series of events of a climatic, pandemic, bacteriological, military, political, or diplomatic nature.

By way of example, Force Majeure events include, but are not limited to, natural phenomena such as tornadoes, floods, hurricanes, earthquakes and volcanic eruptions; the spread of a virus; the use by a State or a terrorist group of weapons of any kind disrupting the continuity of trade relations; social unrest on a national scale; the declaration of martial law; or the decision by a Government, with or without the participation of its allies, to set up a sea or air blockade.

Under no circumstances shall the Company be held liable for the harmful consequences of such events.

If any provision of these GTCS is declared null and void in whole or in part, pursuant to a law, regulation or final decision of a competent court, the other provisions and other rights and obligations arising from these GTCS shall remain unaffected and applicable.

For any complaint and/or dispute concerning the Site, these GTCS and/or an order, the Company invites the Customer to contact its customer service department:

•  by telephone on +33 (0)1 80 49 12 12 from Monday to Friday, 9am to 1pm and 2pm to 6pm (excluding public holidays);

• by email to eshop@gerarddarel.com ;

• by completing the form available under the “Contact us” tab.

Failing amicable settlement with the Company's customer service department, the Customer may request out-of-court settlement of the dispute on the European online dispute resolution platform accessible via the following link:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&Ing=FR.

It is specified that the Customer remains free to accept or refuse recourse to mediation and, in the event of recourse to mediation, each Party is free to accept or refuse the solution proposed by the mediator. 

In the absence of an amicable solution or recourse to mediation, the French courts will have territorial jurisdiction to hear any dispute arising from the present GTCS, unless otherwise provided by law, which would refer to the imperative jurisdiction of a foreign court and, without this depriving the Customer of the right to bring the dispute before a competent foreign court of his choice.

These GTCS are governed by French law, to the exclusion, where applicable, of the Vienna Convention on the International Sale of Goods, without however depriving any user of the level of protection provided by the provisions of the mandatory laws of the country of his habitual residence. 

In the event of a dispute relating to the interpretation and/or execution of the General Terms of Use and in the absence of an amicable solution, the French courts within the jurisdiction of the Paris Court of Appeal shall have territorial jurisdiction, without depriving any user of the right to bring the dispute before a competent foreign court of his choice. 

WITHDRAWAL FORM

(Please complete and return this form if you wish to withdraw)

For the attention of

DS FASHION GROUP 

GERARD DAREL - Zone de Moimont - SED Bat B2 - Quai 93/94

1 rue Jean Jaurès

95670 MARLY LA VILLE

Email : eshop@gerarddarel.com

I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods:

Ordered on (*) / received on (*) :

Name of consumer(s) :

Address of consumer(s) :

If your request concerns only part of your order, please specify the product(s) you wish to cancel and their quantity:

• Product #1:

• Product #2:

• Etc ...

Date :

Signature :

 (*) Delete as appropriate