Legals

These general terms and conditions of sale (hereinafter the “GTC”) apply to all sales of GERARD DAREL products (hereinafter the “Products”) carried out by the Company on the website www.gerarddarel.com (hereinafter the “Website”).

These GTC govern the relationship between the Company and any customer acting as a “consumer” within the meaning of the introductory article of the French Consumer Code, namely any natural person acting for purposes that do not fall within the scope of their commercial, industrial, craft, liberal or agricultural activity (hereinafter the “Customer(s)”). They may be extended to a “non-professional”, meaning any legal entity not acting for professional purposes, only where expressly provided for by law. Any professional wishing to ascertain the terms applicable to them must contact the Company using the contact details provided above.

The Company reserves the right to limit or refuse any order placed by a Customer where such order appears fraudulent and/or abnormal, in particular in terms of quantity and/or value.

By placing an order on the Website, the Customer acknowledges and accepts these GTC in full and without reservation.

The Company may amend these GTC at any time. The version of the GTC in force at the time the order is placed shall prevail and shall apply to the exclusion of any other terms or conditions.

The Customer may access the current version of the GTC at any time in the “General Terms and Conditions of Sale” section of the Website. It is the Customer’s responsibility to review the applicable GTC prior to placing any order.

Any failure by the Company to enforce any provision of these GTC shall not constitute a waiver of its right to do so at a later time.

The Customer is informed that:

1.       these GTC do not apply to purchases made in physical stores, corners or outlets, which are governed by the terms and conditions of sale applicable at those locations.

2.       for any sale of Products where delivery takes place outside France, the merchant of record is GLOBAL-E France SAS, a société par actions simplifiée incorporated under French law, with a share capital of €10,000, having its registered office at 320 rue Saint-Honoré, 75001 Paris, registered with the Paris Trade and Companies Register under number 818 358 459 and with intra-community VAT number FR54818358459 (“Global-e”).

Global-e acts as the Company’s international e-commerce partner and facilitates sales outside France (a list of relevant countries is available on the Website).

Such purchases are governed by Global-e’s terms and conditions of sale and privacy policy, available at the following links:

-          Terms and Conditions of Sale: https://connect.global-e.com/terms-of-sale/fr/tos-fr 

-          Privacy Policy: https://www.global-e.com/consumer-privacy-policy

3.       where the Customer purchases second-hand Products (available only in mainland France, including Corsica), the second-hand platform, as well as the sale and buy-back of Products, are operated by FAUME, a société par actions simplifiée incorporated under French law, with a share capital of €1,660.30, having its registered office at 55 rue du Général Louvin – 61340 Perche en Nocé, registered with the Alençon Trade and Companies Register under number 848 562 112 and with intra-community VAT number FR15848562112.

Such purchases are governed by the following documents:

-          Terms and Conditions of Sales: https://secondemain.gerarddarel.com/pages/cgu-cgv

-          Privacy Policy: https://secondemain.gerarddarel.com/pages/politique-de- confidentialite

These GTC are available in French and English.

3.1. Product Specifications

The Products offered for sale by the Company are those displayed on the Website at the time the Customer accesses it. The description of the Products that shall prevail is that published on the Website at the time the order is placed.

Each Product is accompanied by a detailed description setting out its essential characteristics (including the unit price, available sizes and colours, composition, the geographical traceability of the three main stages of manufacture [weaving/knitting, dyeing/printing and making/assembly of the finished product], as well as any specific features) and includes one or more photographs of the Product. The Customer is invited to refer to the description of each Product in order to be informed of its properties and specific features, in particular to determine whether it meets the Customer’s requirements, it being specified that the selection and purchase of any Product are made under the sole responsibility of the Customer.

The Products are described and presented with the greatest possible accuracy. While the Company makes every effort to ensure that the colours and patterns of the Products shown in the photographs on the Website are faithful to the original Products, slight variations may occur, in particular due to the resolution and colour settings of the Customer’s screen. Accordingly, the Company shall not be liable for any minor discrepancies between the photographs displayed on the Website and the Products.

The Company undertakes to supply Products that comply with the applicable requirements relating to the safety and health of persons, in accordance with European regulations, including, in particular, legislation governing regulated chemical substances.

3.2. Availability of Products

The Products are offered for sale subject to availability. Information regarding the availability of Products is provided on the Website on the relevant Product page and at the time the order is placed. The Company uses reasonable efforts to ensure that such information is regularly updated.

However, notwithstanding all precautions taken, a Product ordered by the Customer may exceptionally become unavailable. In such circumstances, the Company shall inform the Customer without undue delay and, the Customer shall be reimbursed for the unavailable Products and any related delivery costs, using the same means of payment.

The Company shall not be liable in the event that one or more Products are unavailable on the Website.

The Company reserves the right to modify the range of Products offered on the Website at any time and without prior notice.

4.1. Pricing information

The prices of the Products are those displayed on the Website at the time the order is placed. They are indicated inclusive of all applicable taxes, excluding delivery costs.

Delivery costs vary depending on the delivery method selected and are communicated to the Customer in the order summary prior to order confirmation. They are expressed inclusive of all applicable taxes.

4.2. Display of prices

Prices displayed on the Website are shown in euros and inclusive of all applicable taxes (VAT included) for France and the European Union, or in the local currencies of the countries in which the Website offers Products for sale (a list of such countries being available on the Website).

In the event of a pricing error that is clearly incorrect or manifestly unreasonable (in particular due to a technical issue, manual error or system malfunction), the order, even if confirmed by the Company, shall be cancelled. The Customer shall be informed as soon as reasonably practicable. In such circumstances, the Customer may, if they wish and subject to availability, place a new order at the correct price.

4.3. Price changes

The Company reserves the right to change the prices of the Products at any time and without prior notice, it being specified that the prices applicable shall be those in force at the time the order is placed.

The Website offers the possibility to purchase or offer an e-gift card via the “E-gift card” section.

The Customer is invited to select one of the amounts available on the Website, namely: €50, €100, €150, €200, €250, €300, €350, €400, €450 or €500.

The Customer may choose to send the e-gift card directly to the recipient by email by selecting the relevant option.

In such case, the Customer will be required to:

-          provide the name of the recipient,

-          provide the email address of the recipient,

-          add a personal message, if desired, it being specified that the Customer remains solely responsible for any content entered and undertakes that such content shall not infringe applicable laws or be contrary to public order and/or accepted standards of decency,

-          select the date on which the e-gift card is to be sent.

If this option is not selected, the e-gift card is purchased by the Customer, who may either print it or receive it by email. In such case, only the selection of the amount is required.

Once the relevant information has been provided, the Customer must click on the “Add to Cart” button and follow the ordering process as described in Article 6.2 of these GTC.

The e-gift card will be sent automatically and exclusively by email to the email address designated by the Customer as the recipient.

The e-gift card is not issued in the name of any individual. Its holder shall be solely responsible for its use.

The e-gift card is valid for a period of twelve (12) months from the date it is sent to the recipient’s email address as provided by the Customer. It may be used exclusively on the Website.

It may be used to pay for all or part of purchases made on the Website.

It may be used in one or several transactions, within the limits of the available balance and the validity period.

If the available balance is insufficient to cover the full amount of the order, the Customer must complete the payment using one of the other payment methods accepted on the Website.

The holder of the e-gift card may check the available balance at any time via the link sent by email upon delivery of the e-gift card.

The e-gift card cannot be reloaded, exchanged, transferred, resold or refunded, whether in whole or in part, for any reason whatsoever (including in the event of loss, theft or expiry).

The e-gift card may not be used to purchase other e-gift cards.

In the event of a refund of an order paid in whole or in part using an e-gift card, the holder shall be recredited with the amount paid using the e-gift card. The e-gift card’s expiration date remains unchanged, and any remaining time before its expiration at the time of the refund is preserved.

The Website enables the Customer either to place an order or to reserve a Product in store.

6.1. In-store Reservation (E-Reservation)

The Customer is invited to review SOCLOZ’s General Terms of Use, which govern the conditions under which the online reservation service may be used.

The e-reservation service allows the Customer to reserve one or more Products in a selected store for a period of forty-eight (48) hours.

It is expressly specified that e-reservation does not constitute a distance sale or an online order, but merely a reservation of the relevant Product(s) for in-store collection.

No payment is required at the time of reservation. The Customer remains free not to proceed with the purchase.

The sale shall only be concluded at the time of payment at the store checkout. It shall then be governed exclusively by the terms and conditions of sale applicable at the relevant point of sale.

6.2. Order

6.2.1. Ordering Process

The Customer places an order by completing the following steps:

Ø  STEP 1 – PRODUCT SELECTION

The Customer is invited to select the Products, choose the relevant options (such as colour, size, etc.) and quantities, and add them to the shopping cart by clicking on the “Add to Cart” button.

The “Cart” icon displayed at the top right of the screen indicates the number of Products selected.

The Customer may review the contents of their cart at any time by clicking on this icon. At this stage, the Customer may check the details of their selection, identify and correct any errors, remove Products, modify quantities or add further Products.

Ø  STEP 2 – CART VALIDATION

To confirm their selection, the Customer must click on the “Go to the checkout” button.

Once the cart has been validated, the Customer may proceed in one of the following ways::

1.       Log in to their account by entering their email address and password. The Customer may also log in using their Facebook or Google account.

2.       Continue as a guest, without creating an account.

3.       Create an account, by providing the required information (email address and password being mandatory). The Customer may also provide additional information (such as name, date of birth and telephone number) on an optional basis.

The Customer may choose to receive promotional emails and SMS by selecting the relevant options.

Creating an account requires acceptance of the processing of personal data in accordance with the Company’s privacy policy.

Creating an account enables the Customer to access, update or complete their personal details, review their order history, submit return requests and download invoices relating to their purchases.

The Customer account is strictly personal. The Customer undertakes to keep their login details secure and not to disclose them to any third party. The Customer must inform the Company without delay of any unauthorised use of their account. In the event of loss or theft of the password, the Customer may request a new password.

Depending on the option selected by the Customer:

-          Account checkout: where the Customer has previously saved an address in their account profile, such address will be automatically used as the delivery address. The Customer may select an alternative address using the “Saved addresses” dropdown menu.

-          Account creation: the Customer is required to provide delivery details (delivery country, first name, last name, address and telephone number). The Customer may request that these details be saved for future orders.

-          Guest checkout: the Customer must first provide an email address in the “Contact” section, and then enter their delivery details (delivery country, first name, last name, address and telephone number) in the “Delivery” section. The Customer may request that these details be saved for future orders and may also opt to receive promotional emails and SMS by selecting the relevant options.

The Company shall not be liable for any inaccuracies in the information provided by the Customer.

The Customer is invited to consult the Privacy and Cookies Policy for further information on how their personal data is processed.

Ø  STEP 3 – DELIVERY METHOD

Once the “Contact” and “Delivery” sections have been completed, the Customer is invited to select a delivery method. At this stage, the Customer is informed of the estimated delivery times (in working days) and the cost of each delivery option.

Available delivery methods depend on the delivery address provided by the Customer.

For deliveries within mainland France (including Corsica), the Customer may choose between home delivery or delivery to a collection point via our partner Colissimo. Where the Customer selects delivery to a collection point, they will be invited to choose their preferred location from the list provided by clicking on the “Select my collection point” button.

Once the delivery method has been selected, the Customer may proceed to the payment section.

Ø  STEP 4 - PAYMENT :

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

-          Credit or debit card: Carte Bleue, Visa ®, MasterCard ®, American Express® and Maestro are accepted. The Customer must provide the card number, the name of the cardholder, the expiry date and the card security code (three digits on the back of the card, or four digits for American Express® cards).

Payment authorisation is requested at the time the order is confirmed on the Website, unless the authorisation servers are unavailable. The Company reserves the right to submit a new authorisation request where the initial request could not be completed due to such unavailability.

The Company implements appropriate measures to ensure the confidentiality and security of payment data transmitted via the Website. The Website uses secure payment systems enabling the encryption of Customer data. Payment information is processed in accordance with the highest security standards. Payment data transmission is secured by the Company’s technical partner, Shopify. Shopify acts solely as a technical service provider and does not handle disputes relating to orders, which remain the responsibility of the Company or, where applicable, the Customer’s bank.

All payment-related information is encrypted using SSL (Secure Socket Layer) technology. Such data cannot be intercepted, accessed or used by third parties. At no time does the Customer’s financial data pass through the Company’s IT systems. Shopify ensures that the connection with the Customer’s browser is secure before transmitting payment information to the financial institution responsible for processing the transaction.

In accordance with applicable French consumer law, the Customer will receive, at the latest upon delivery, confirmation of the price paid for each Product, including a breakdown of the Product price and any applicable delivery costs.

-          Paypal: by selecting this payment method, the Customer will be automatically redirected to the PayPal platform. If the Customer does not already have a PayPal account, they may create one at that time. PayPal’s terms and conditions shall apply. Upon validation of the payment, the Customer will be redirected to the Website confirmation page.

-          Apple Pay: available only where the Customer uses a compatible Apple device and has activated Apple Pay.

-          Scalapay: the Company offers the possibility to pay in three instalments free of charge (one payment per month). By selecting this method, the Customer is redirected to the Scalapay platform. Scalapay’s terms and conditions apply.

-          E-gift card: by clicking on the “Add a discount” button, the Customer may enter the relevant code. If the balance is insufficient to cover the total amount of the order, the Customer must complete the payment using another accepted payment method. The Customer is invited to refer to Article 5.

-          Voucher issued via the second-hand platform (www.secondemain.gerarddarel.com): by clicking on the “Add a discount” button, the Customer may enter the voucher code. The following conditions apply:

o   the voucher amount may not exceed €250,

o   the voucher is valid for twelve (12) months from its date of issue and may be used exclusively on the Website and the second-hand platform,

o   the voucher may be used for all Products available on the Website, except for Products:  

                                                                          i.      subject to a promotional operation (including, but not limited to, Outlet, Last Chance, Private Sales, Privilege Days, etc.),

                                                                        ii.      on sale.

o   the voucher is not divisible: it must be used in full, in a single transaction and for a single order. Any partial use shall result in the forfeiture of the remaining balance, which may not be used under any circumstances.

o   the voucher may not be combined with any other voucher, e-gift card or discount code,

o   the voucher may not be used to pay delivery costs.

o   the voucher cannot be used to pay the full amount of an order and must be supplemented by another payment method.

• this payment method is available only for deliveries within mainland France (including Corsica).

For further information regarding vouchers, the Customer is invited to consult the terms and conditions of the second-hand platform www.secondemain.gerarddarel.com.

The Customer warrants that they are authorized to use the selected payment method.

At this stage, the Customer may also enter a promotional code.

Once the payment method has been selected and the required information provided, the Customer may complete the order by clicking on the “Pay now” button.

In the event of non-payment, incorrect billing details or any issue attributable to the Customer in relation to payment, the Company reserves the right to suspend or block the order until the matter has been fully resolved.

6.2.2. Order confirmation

Upon acceptance of the Customer’s payment, the Customer shall receive an order confirmation email summarising the essential details of the order (including the order number, Products ordered, total amount, billing and delivery addresses, and estimated delivery date, etc.) and containing (or enabling the Customer to download or print) these GTC. Failing this, the Customer is invited to contact the Company’s customer service.

The validation of the order by the Customer and the order confirmation sent by email by the Company following acceptance of payment shall constitute the formation of a binding contract of sale between the parties and acceptance of these GTC.

Accordingly, the Customer expressly agrees to the use of email for the confirmation by the Company of the content of their order.

The Company recommends that the Customer retains a copy of the order confirmation on a durable medium.

As certain emails may be filtered as spam, the Customer is advised to check their spam or junk mail folder to ensure that the order confirmation has been received.

The Company reserves the right not to accept or to cancel any order for legitimate reasons, including, but not limited to:

-          prior abusive claims,

-          orders that are abnormal in terms of quantities ordered,

-          prior abusive returns or exchanges,

-          any existing dispute with the Customer.

The Company’s customer service is available to assist the Customer with any queries relating to their order.

Customer service can be contacted using the details provided on the Website, including by email at eshop@gerarddarel.com, by telephone at +33 (0) 1 80 49 12 12 du lundi au vendredi, from Monday to Friday, 9:00 a.m. to 1:00 p.m. and 2:00 p.m. to 6:00 p.m. (excluding public holidays), as well as via any other contact method available on the “Contact Us” page.

6.2.3. Order records

Order confirmations are recorded in the Company’s records and stored on a reliable and durable medium. The Customer agrees that the order confirmation shall constitute evidence of the contractual relationship between the parties.

In accordance with Article L.213-1 of the French Consumer Code and Decree No. 2005-137 of 16 February 2005, where an order amounts to €120 or more, the Company shall retain the relevant order records for a period of ten (10) years and shall make them available to the Customer upon request sent to eshop@gerarddarel.com.

The Company recommends that the Customer retains a copy (in electronic and/or paper format) of all documents relating to their order.

Title to the Products shall remain vested in the Company until full payment of the price has been received in full by the Company

8.1.  Delivery Methods

8.1. 1. Home delivery

Products purchased on the Website are delivered:

-          by the Company: within mainland France (including Corsica) and the French overseas territories (Guadeloupe and Martinique),

-          by Global-e: in the other countries indicated on the Website.

Products shall be delivered exclusively to the delivery address provided by the Customer at the time of the order. No change to the delivery address may be made once the order has been confirmed by the Company.

Orders may not be placed for delivery addresses located outside the countries listed on the Website.

8.1.2. Collection from a Pick-up Point (available in mainland France, including Corsica only)

For deliveries within mainland France (including Corsica) only, the Company offers the Customer the option to collect their order from one of the pick-up points listed on the Website.

The Product shall be made available at the selected pick-up point within the timeframe indicated by the Company or, failing such indication, in any event no later than thirty (30) days from the date of the order, subject to full payment of the price.

Once the order is available at the pick-up point, the Customer shall be notified without undue delay by email. The Customer shall then have a period of ten (10) working days to collect their order from the relevant pick-up point.

When collecting the order, the Customer must present the email confirming that the order is available for collection, together with a valid form of identification. The Customer’s identity will be verified before the order is handed over.

If the Customer fails to collect the order within ten (10) working days from the date of the notification email informing them that the order is available for collection, the sale shall be automatically terminated. The Customer shall then be reimbursed for the price of the order.

8.2. Delivery costs

Shipping costs are calculated based on the delivery destination and the chosen shipping method.

The exact shipping cost is displayed to the customer as soon as the shipping method is selected and before the final confirmation of the order.

Delivery may be free depending on the destination, the order value, or a combination of both. The customer is informed of any applicable free delivery or discounts when selecting the shipping method.

8.3. Delivery times

The Company shall use reasonable efforts to ensure that orders are delivered within the indicated timeframes. If, for any reason, the Company is unable to meet the stated delivery timeframe, it shall inform the Customer accordingly. The Customer shall then have the option either to accept a new proposed delivery date or to cancel the order without charge or penalty, in which case the Customer shall be refunded the full amount of the order.

Where the billing information provided by the Customer is incomplete or inaccurate, the Company may request additional information. This may result in a delay in delivery, for which the Company shall not be held liable.

The Customer is further informed that during periods of high activity (including, but not limited to, sale periods, year-end holidays or outlet operations), order processing times may be extended, which may result in dispatch being delayed by up to one (1) week. In such circumstances, the Company shall use reasonable efforts to minimise any inconvenience and thanks the Customer for their understanding.

Delivery shall be deemed to have taken place:

-          at the time of signature of the delivery receipt by the Customer or any third party designated by the Customer at the delivery address specified at the time of the order; or

-          at the time the Products are made available at the pick-up point selected by the Customer for deliveries within mainland France (including Corsica).

8.4. Delivery issues

Any failure or delay in delivery, or in the availability of Products at a pick-up point for deliveries within mainland France (including Corsica), exceeding the indicated delivery timeframe (as communicated by the Company and within a maximum period of thirty (30) days), must be notified to eshop@gerarddarel.com as soon as possible. In such circumstances, the Customer may request a new delivery date or the cancellation of the order.

In any event, the Company shall not be liable for any failure or delay in delivery resulting from a force majeure event, as defined in Article 14 of these GTC.

Where delivery cannot be completed for reasons attributable to the Customer (including, but not limited to, an incorrect delivery address), the Company reserves the right, at its sole discretion, to cancel the order after a period of thirty (30) days from the originally scheduled delivery date.

In such cases, the Company reserves the right to charge the Customer for any additional transport costs incurred as a result of the failure to complete delivery.

Risk in the Products shall pass to the Customer at the time the Customer, or a third party designated by the Customer, takes physical possession of the Products.

Upon delivery, it is the Customer’s responsibility to check the number and the apparent condition of the Products. If the package is open or visibly damaged, or if any of the Products are damaged, missing or do not correspond to the order, the Customer is invited to notify the Company, in particular by email at eshop@gerarddarel.com, by telephone at +33 (0) 1 80 49 12 12 from Monday to Friday, 9:00 a.m. to 1:00 p.m. and 2:00 p.m. to 6:00 p.m. (excluding public holidays), as well as via any other contact method available on the “Contact Us” page, within forty-eight (48) hours of delivery. This is to enable the Company to carry out an investigation with the carrier and/or to exercise any available remedies within the applicable time limits.

In the event of missing Products, refusal or return of Products by the Customer under the above conditions, the Company shall reimburse the relevant Product(s) upon receipt of the returned package and following verification by the Company’s customer service.

The above provisions shall not affect the Customer’s statutory right of withdrawal as set out in Article 10 below.

10.1. Withdrawal period

In accordance with applicable law, in particular Articles L.221-18 to L.221-28 of the French Consumer Code, the Customer has a period of fourteen (14) days from receipt of the Product to exercise their right of withdrawal, without having to provide any reason and without incurring any penalties.

The Company extends this statutory period by an additional sixteen (16) days, so that the Customer may exercise their right of withdrawal within thirty (30) days from the date of receipt of the Products. This period begins on the day following receipt of the Product and, where it expires on a Saturday, Sunday or public holiday, it shall be extended until the next working day.

Where an order consists of multiple Products delivered separately, or an order for goods consisting of multiple lots or pieces delivered over a defined period, the withdrawal period shall run from receipt of the last Product, lot or piece.

10.2. Exercise of the Right of Withdrawal

To exercise their right of withdrawal, the Customer may:

-          either use:

a)       the withdrawal form provided in the appendix to these GTC; or

b)      the online functionality available by clicking on the “Return” section accessible at the bottom of the Website under the «Information » tab: the Customer is then invited to enter the order number and the email address used for the order, and to click on “Find my order”.

Where the Customer uses the online functionality, an acknowledgement of receipt of the withdrawal request will be provided on a durable medium, confirming the content of the request as well as the date and time of submission.

In cases (a) and (b) above, and in accordance with Article L.221-23 of the French Consumer Code, the Customer has a period of fourteen (14) days from notification of their decision to withdraw to return the relevant Product(s). The Company extends this statutory period by an additional sixteen (16) days, allowing the Customer to return the Product(s) within thirty (30) days from such notification.

The Products must be returned to the following address:

SED LOGISTIQUE

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

1 rue Jean Jaurès

95670 MARLY LA VILLE

France

Return costs are borne by the Company for orders shipped within mainland France (including Corsica) and the United States. For deliveries to Eurozone countries (excluding mainland France), Switzerland and the United Kingdom, return costs shall be borne by the Company only where the Customer uses the standard return method. Where the Customer opts for an express return method, return costs shall be borne by the Customer.

If the Customer chooses not to use the prepaid return label provided by the Company for returns from mainland France (including Corsica) and/or the aforementioned countries, return costs shall be borne by the Customer.

Return costs shall be borne by the Customer for all other destinations.

The Customer bears the risk associated with returning the Products.

The Customer is advised to retain proof of postage until the refund has been processed.

-          or, for orders shipped within mainland France only, return the relevant Product(s) (excluding Products from Outlet sales and bedding items) within thirty (30) days from receipt of the Products, to GERARD DAREL stores located in mainland France, excluding corners, outlet stores and stores located in the following cities: Charleville-Mézières, Ajaccio, Périgueux, Tarbes, Annecy, Brest, Vannes, Lorient, Mâcon and Quimper. This list is provided for guidance only and may be updated from time to time. Customers are responsible for checking the applicable return procedures on the Website prior to visiting the store. Customers should contact the relevant store in advance and ensure they bring their delivery note along with the Product (s) to be returned.

10.3. Conditions for returning Products

In all cases, the Products must be returned in their original packaging, together with any accessories, and in a condition allowing their immediate resale. The Customer may be held liable for any diminution in value of the Products resulting from handling other than that necessary to establish their nature, characteristics and proper functioning.

10.4. Refunds

Subject to the conditions set out above, the Company shall reimburse the Customer the total amount paid for the returned Products, including all applicable taxes (i.e. the price of the Product(s) paid by the Customer at the time of the order).

Where delivery costs were included in the total order amount, such costs shall be reimbursed up to the amount corresponding to the standard delivery method.

Where the Products are returned by post, the Company shall reimburse the Customer within fourteen (14) days from the date on which it is informed of the Customer’s decision to withdraw. However, the refund may be withheld until the Company has received the returned Products or until the Customer has provided proof of return, whichever occurs first.

Where the Products are returned in store, the refund shall be processed immediately in store, in accordance with the procedures applicable at the relevant point of sale.

Refunds shall be made using the same means of payment as that used by the Customer for the initial transaction.

Where payment was made using an e-gift card, the holder shall be recredited with the amount paid using the e-gift card. The e-gift card’s expiration date remains unchanged, and any remaining time before its expiration at the time of the refund is preserved.

10.5. Exceptions

The right of withdrawal shall not apply to contracts listed in Articles L.221-2 and L.221-28 of the French Consumer Code, in particular:

-          the supply of services which have been fully performed before the end of the withdrawal period, where performance has begun with the Customer’s prior express consent and their express acknowledgment of the loss of the right of withdrawal,

-          the supply of goods made to the Customer’s specifications or clearly personalized,

-          the supply of goods which are liable to deteriorate or expire rapidly,

-          the supply of sealed goods which have been unsealed by the Customer after delivery and which cannot be returned for reasons of health protection or hygiene,

-          the supply of goods which, after delivery, have been inseparably mixed with other items due to their nature.

The Company undertakes to deliver to the Customer Products that conform to the contract and are free from defects in conformity at the time of delivery. In this respect, the Products shall be fit for the purposes for which goods of the same type are normally used and shall correspond to the description given at the time of sale.

In the event of a lack of conformity or a hidden defect, the Customer must submit their claim to the Company, in particular by email at eshop@gerarddarel.com, by telephone at +33 (0) 1 80 49 12 12 from Monday to Friday, 9:00 a.m. to 1:00 p.m. and 2:00 p.m. to 6:00 p.m. (excluding public holidays), as well as via any other contact method available on the “Contact Us” page. In the event of a return, the Product must be returned with all its accessories, together with the purchase invoice, and must be properly protected. The exercise of these statutory warranties shall be free of charge for the Customer, in accordance with Article L.217-11 of the French Consumer Code, provided that the Customer is entitled to rely on such warranties.

The Customer acknowledges and agrees that all intellectual property rights, whether registered or unregistered, relating to all information and content displayed on the Website, the Products, their packaging, and the trademarks and distinctive signs under which the Products are marketed, are the exclusive property of the Company, any other company within the GERARD DAREL Group, or third parties to whom the Company and/or any other company within the GERARD DAREL Group has granted a licence.

No licence or right other than the right to purchase the Products and their physical packaging is granted to the Customer in respect of such intellectual property rights, including in relation to labels, packaging, inserts or any other materials.

Any reproduction, representation, use, adaptation, modification, incorporation, translation or commercial exploitation, whether in whole or in part, by any means and on any medium (including paper or digital media), is strictly prohibited without the prior written consent of the Company, and may constitute an infringement of copyright, design rights and/or trademark rights, and/or an act of unfair competition.

The Customer undertakes not to infringe the above rights in any manner whatsoever. In particular, the Customer expressly agrees not to manufacture, sell, license or otherwise commercially exploit, directly or indirectly, whether for their own benefit or for the benefit of a third party, the Products, any imitations or reproductions thereof, or any intellectual property rights relating to the Products or to the trademarks owned by the Company and/or any other company within the GERARD DAREL Group.

In the course of browsing or using the Website, the Company may collect and process personal data relating to the Customer in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (the “GDPR”) and French Law No. 78-17 of 6 January 1978 on Information Technology, Data Files and Civil Liberties, as amended (the “French Data Protection Act”), which the Customer expressly acknowledges.

The Privacy Policy and the Cookies Policy form an integral part of these GTC and provide information on how the Company collects and processes personal data and uses cookies.

The Privacy Policy and Cookies Policy are available on the Website under the “Privacy Policy” and “Cookies” sections.

To exercise their rights under applicable data protection laws, as described in the Privacy Policy, the Customer may contact the Company, subject to providing proof of identity (such as a copy of a valid identity document), as follows:

-          By post:

ON LINE SAS

GERARD DAREL- Service Protection des Données Personnelles

130 rue Réaumur, 75002 Paris

France

-          By email: eshop@gerarddarel.com  

The Customer is also informed that they may lodge a complaint with the French data protection authority (CNIL). They may also register, free of charge, on the telephone marketing opt-out register in order not to receive unsolicited marketing calls.

In the event of a force majeure event within the meaning of Article 1218 of the French Civil Code, the performance of the sales contract shall be suspended, and the Company may, at its sole discretion, cancel the order without incurring any liability.

In such circumstances, the Company shall reimburse the Customer for the price of the order, together with any applicable delivery costs.

Under no circumstances shall the Company be liable for any loss or damage resulting from such events.

If any provision of these GTC is held to be invalid or unenforceable, in whole or in part, under any applicable law, regulation or pursuant to a final decision of a competent court, the remaining provisions and the rights and obligations arising therefrom shall remain unaffected and shall continue in full force and effect.

For any complaint and/or in the event of a dispute relating to the Website, these GTC and/or an order, the Customer is invited to contact the Company’s customer service:

-          by telephone at +33 (0)1 80 49 12 12 from Monday to Friday, 9:00 a.m. to 1:00 p.m. and 2:00 p.m. to 6:00 p.m. (excluding public holidays),

-          by email at eshop@gerarddarel.com,

-          or via the other contact methods available on the Website under the “Contact Us” section.

In the absence of an amicable resolution with the Company’s customer service, the Customer may submit the dispute to the consumer mediator with whom the Company has entered into an agreement. In accordance with Article L.612-1 of the French Consumer Code, any consumer has the right to have recourse, free of charge, to a consumer mediator with a view to the amicable resolution of a dispute with a professional.

Disputes falling within the scope of Article L.612-1 of the French Consumer Code include those defined in Articles L.611-1 and L.611-2 of the French Consumer Code, namely contractual disputes relating to the performance of a contract for the sale of goods or provision of services between a consumer and a professional.

These provisions apply to both domestic and cross-border disputes.

The Customer may submit their request to the mediator:

-          by post:

CM2C

Centre de la Médiation de la Consommation de Conciliateurs de Justice

49 rue de Ponthieu

75008 PARIS

France

-          by telephone: 01.89.47.00.14

-          by email: litiges@cm2c.net

-          through the mediator’s website: https://www.cm2c.net/declarer-un-litige.php

After the Customer has made a prior written complaint to the Company, CM2C may be seized for any consumer dispute that has not been resolved.

The Customer remains free to accept or refuse mediation and, where mediation is initiated, each Party remains free to accept or refuse the solution proposed by the mediator.

In the absence of an amicable settlement or mediation, the French courts shall have territorial jurisdiction to hear any dispute arising in connection with these GTC, subject to any mandatory legal provisions to the contrary which would designate a foreign court as having exclusive jurisdiction, and without prejudice to the Customer’s right to bring proceedings before any other competent court.

These GTC shall be governed by and construed in accordance with French law, excluding, where applicable, the United Nations Convention on Contracts for the International Sale of Goods (CISG).

However, nothing in these GTC shall have the effect of depriving the Customer of the protection afforded by the mandatory provisions of the law of the country in which they have their habitual residence.

(Please complete and return this form only if you wish to withdraw from the contract)

 For the attention of

ON LINE SAS

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

1 rue Jean Jaurès

95670 MARLY LA VILLE

France

Email : eshop@gerarddarel.com

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods:

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

Name of the consumer(s):

Address of the consumer(s):

If your request relates only to part of your order, please specify the product(s) concerned and their quantity:

-          Product no.1 :

-          Product no.2 :

-          Etc …

Date :

Signature :

(*) Delete as appropriate