Terms of sale
THE OZ company is engaged in the design, production and commercial exploitation of e-commerce websites, to include sales and back-office activities in its name on behalf of its clients, as well as associated activities such as highlighting its websites and promoting products sold.
THE OZ, was thus entrusted with the creation and management of eshop.gerarddarel.com websites (hereinafter "the Site") in its name but on behalf of ON LINE SAS, a joint stock company with a capital of 1000.00 Euros which is headquartered at 107 rue Réaumur 75002 Paris, registered with the Paris Trade and Companies Register under number 820 435 238.
These Terms and Conditions are intended to define the rules applicable in the context of the sale of branded products Gerard Darel (hereafter " the Product (s)") on the Site,
Between
The Company THE OZ (hereinafter "THE OZ")
A stock company with a capital of 166,138 euros, whose registered office is at 1 boulevard Victor 75015 Paris, registered with the RCS Paris under number 508 514 494
VAT no: FR50508514494. Name of the person in charge of the publication : Yann Rivoallan.
And
Any natural person, not a trader, having the legal capacity to contract, exclusively domiciled in countries supplied by eshop.gerarddarel.com (hereinafter the "Customer") making a purchase of a Product on the Site.
For the purposes hereof, it is agreed that the Client and THE OZ will be collectively referred to as the "Parties" and individually as a "Party".
These general conditions (hereinafter the "Terms and Conditions") govern unrestricted sales of products made by THE OZ on behalf of Gerard Darel from the Site.
THE OZ reserves the right to modify at any time these Terms and Conditions by posting a new version on the Site. The General Conditions of Sale applicable are those in effect on the Site at the time of placing the order by the Customer, it being understood that any order of a product offered on the Site constitutes full acceptance by the Customer to the Terms of Sale in force at the time of placing the order.
Article 1. purpose
These Terms and Conditions are intended to define the conditions under which the products are marketed by THE OZ on behalf of Gerard Darel for the Customer. They thereby govern the various stages of completion of the sale: the order is placed by the customer upon delivery of the product to the customer.
Article 2. products
The products offered for sale by THE OZ on behalf of Gerard Darel are those appearing on the Website, upon consultation by the Client. Each product will be subject to a fact sheet that, in addition to photography, will contain the price, photography, sizes and colours, composition, and special features. Minor differences between a product and the photograph may exist, in particular depending on the resolution and colour definition of the user's screen.
THE OZ is committed to delivering products that meet health and safety regulations in accordance with European legislation, including legislation on regulated chemicals.
Article 3. prices
Prices are indicated in Euros, inclusive of all taxes, excluding shipping, it being understood that the value added tax is that in force in mainland France on the date of validation of the order.
The prices applied are those reported on the website and confirmed to the Customer upon validation of the order.
Shipping fees are communicated to the Client on the order summary before it is validated, and are expressed inclusive of all taxes. These costs are borne by the Customer and are charged in addition to the sale price of the Products.
The transfer of risk of loss and damage to the Products will be made after delivery and receipt of the Products by the Customer.
We reserve the right to change prices at any time but we are committed to applying the rates on the site at the time of your order.
We must inform you that in the event displaying an incorrect and obviously ridiculous price (low price), for whatever reason (IT bug, manual error, technical error.), the order - even validated by ourselves - will be cancelled, and we will inform you as soon as possible. You will then be able, if you wish, to redo your order at the correct and exact price.
Article 4. ordering and payment of products
4.1 Making an order
The Customer makes his order by completing the following 5 steps
Step 1: The Customer selects the chosen products and adds them to his cart after selecting the size and colour desired.
The basket at the top right of the screen informs the customer that his selections have been taken into account, indicating the number of products it contains.
Step 2: The Customer checks the contents of the shopping cart by clicking "order" to access the summary of the order. The Customer may modify his order (product, size, quantity).
The total gross amount of the order, distinguishing on the one hand between the price payable in respect of Products, and on the other the shipping costs, is then indicated in the summary.
Step 3: Once the order has been verified, and if amended as applicable, the Customer validates his basket to finalise the order by clicking again on "order".
If the Customer has an advantage code, reserved for the best customers, he should enter it in the space provided for this purpose in order to benefit therefrom.
Step 4: Entry by the Customer of the delivery and billing details
Apart from the date of birth, additional address and shipping information, all fields are required to complete the order, it being understood that unless otherwise specified by the customer, the billing address will automatically be the same as the delivery address.
If the customer has already placed an order on the Site, he has a customer account. In such a case, he will be identified only with their email address and password.
The customer then verifies all the information and clicks on "Submit" to continue the order.
Step 5: Entry of bank details
The customer then will access the secure payment screen of THE OZ partner as specified in section 4.3 below.
Payment is made online by credit card only.
The Customer must enter his credit card number, expiration date and the three numbers comprising the security code on the back of this card, it being specified that in case of payment by American Express, the Customer must provide 4 digits.
If payment is accepted, the customer is redirected to an order confirmation screen on the Site.
In case of failure of payment, the Customer will have up to three attempts to re-enter their bank details. After the third refusal, the Customer is redirected on the Site to a screen notifying rejection of payment. The Customer will be asked to contact the customer service of THE OZ to find out the reasons and find a solution for completing the order by the Customer.
4.2 - Confirmation of the order
Upon acceptance of payment by the Customer, the Customer will receive an email confirmation of the order, summarising all of the items ordered, the billing and delivery address and the date of delivery.
The validation of the order by the Customer and the order confirmation sent to the Customer by e-mail by THE OZ on behalf of Gerard Darel after accepting payment serves as conclusion of a sales contract between the parties and acceptance of the Terms and Conditions.
The customer who has placed an order will be able to print the invoice by logging onto the Site in the order tracking control area provided for this purpose.
THE OZ reserves the right not to confirm the order in the event of:
abnormal or abusive claims,
abnormal commands concerning the quantities ordered,
exchanges and abnormal or abusive returns,
dispute(s) existing with the customer.
The Customer Service Site id Gerard Darel is available to the Client for all matters relating to the order. Customer service is available by email (eshop@gerarddarel.com, and by phone at 01 80 06 98 75, Monday to Friday, from 10am to 13:00 and 14h to 18h.
4.3 - Payment
The price of the Products purchased are payable in cash, in full on the day that the Customer places the order. The payment is carried out online by credit card,Paypal, Alipay, JCB, Sofort, ELV, Sepa, Ideal and BCMC at the time when the order is confirmed by the Customer.
The application for authorisation to debit the card is made at the time of confirmation of the order on the Site, except in cases of server downtime. THE OZ reserves the right to re-apply for authorisation to make a further debit in case the first did not go through due to unavailability of servers.
In the event of a failed payment, incorrect address or other problem on the Client's account, THE OZ reserves the right to block the Customer's order until the problem is resolved.
In case of fraudulent use of his credit card on the Site, the Customer should contact THE OZ at: 01 80 06 98 75 Monday to Friday from 10am to 18pm or by email at: eshop@gerarddarel.com
The transactions carried out on the Site are secured by the payment partner of THE OZ, the company Adyen.
All information exchanged to process the payment is encrypted thanks to the SSL (Secure Socket Layer) protocol. This data cannot be detected, intercepted or used by a third party. At no time does the financial data of the Customer pass through the computer system of THE OZ. Adyen verifies that the connection with the Customers navigator is secured before sending the payment form to the banking institution that carries out the financial transaction. Adyen is a technical service, and does not deal with litigations linked to the orders which are processed directly by THE OZ as specified above or if need be with the Customer.
4.4 - Archiving the order
The order confirmation is recorded in the records of THE OZ, themselves stored on a reliable and durable media. The Customer agrees that the order confirmation is considered proof of the contractual relationship between the Parties.
Article 5. delivery
THE OZ deliver orders accompanied by a delivery within a maximum of ten (10) working days for delivery to mainland France, and twenty (20) working days for delivery to any destination, and from the day following the payment of the order.
Based on the current situation and the measures taken by the government, you might expect small delays in deliveries. You now have 30 days to return your order.
All orders stored on the site from Monday through Friday before 14 hours will be processed the same day; after 14 hours it will be processed the next day. All orders placed on Friday after 14 pm on Saturday and Sunday will be processed the following Monday, it being understood that orders made on a holiday will be processed the following business day.
In case of exceeding the delivery deadline, not justified by an event of force majeure, the Customer may request the cancellation of the sale and receive, within a maximum period of 30 (thirty) days, the refund of amounts paid in connection with the sale.
For orders outside France when the package for export reaches its destination, it will be up to the recipient to pay taxes or tariffs that apply to the destination countries. Local authorities may provide useful information.
Article 6 : receipt of the order - claims - returns
The Customer is required to check the compliance of products received under his order at the time of delivery. Any anomaly concerning the delivery such as:
damaged package,
missing products,
damaged products,
products non-compliant with the order, must be notified within legal deadlines after receipt of the order. This notice shall be sent to the customer service department of Gerard Darel that is to say:
either by registered mail 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- FRANCE
by email to eshop@gerarddarel.com
Beyond this deadline, and unless there is a hidden defect, no claim will be accepted by THE OZ, the products then being deemed compliant.
For return of non-compliant products, the Customer must comply with the following procedure:
the Customer must attach to his package the return form completed beforehand and printed using the return form accessible from the customer section "My Orders". No returns will be accepted without said return form duly completed.
Products must be returned in their original packaging, or in any package protecting the product from damage, with labels and any accessories, in perfect condition to be sold again on the website to this address :
DS FASHION GROUP
Gerard DAREL – Zone de Moimont - SED Bat B2 – Quai 93 / 94
1 rue Jean Jaurès
95670 MARLY LA VILLE- FRANCE
France
returns or exchanges will not be accepted in stores.
risks and costs of returns are the sole responsibility of the Customer.
Items from the Final Sale category can not be returned
Where non-compliance has been found, THE OZ will offer the Customer a refund of the order (Product price and shipping costs) and the shipping cost of the non-compliant product , at the latest within thirty (30) days from the sending date of the notification of confirmation of non-compliance by Gerard Darel customer service site.
In case of a refund, Gerard Darel ensures repayment of all goods made compliant, as well as shipping costs incurred, excluding taxes and duties paid by the customer upon delivery.
Returns against reimbursement are not accepted. Upon receipt of a non-compliant product, Gerard Darel shall bear the reimbursement of return postage up to the price grid (Colissimo, excluded registered mail) displayed by the Post Office on the 1st of March of the current year. The Customer must send evidence of the expenses incurred to Customer Service by email or by mail.
In the event of abnormal or abusive claims, THE OZ may refuse to agree a subsequent order.
Article 7. Right of withdrawal
The Customer has a period of fifteen (14) working days from the date of receipt of the order to return the Products ordered without any reason or penalty.
For any return under the right of withdrawal, the following procedure should be fully respected:
the Customer will attach to his package the return form, previously completed and printed using the feedback form accessible from the customer section "My Orders". No returns will be accepted without said return form duly completed.
The Products must be returned in the original packaging, with their labels, and any accessories, in perfect condition to:
DS FASHION GROUP
Gerard DAREL – Zone de Moimont - SED Bat B2 – Quai 93 / 94
1 rue Jean Jaurès
95670 MARLY LA VILLE- FRANCE
Returns or exchanges will not be accepted in stores.
Risk and return costs are the sole responsibility of the Customer.
Any credit contracted on the site will not be refundable. It should be used in settlement of a subsequent purchase on the site.
Items from the Final Sale category can not be returned
Subject to the conditions stated above, THE OZ will refund the amount of the returned items inclusive of taxes to the Customer (price of the Product), excluding return costs. If shipping is included in the amount of the order, they will be reimbursed to the minimum amount of €4.50. The bank account of the customer will be credited said amount within fourteen (14) days from the return request; this time may be extended until receipt of the Products or proof of shipment thereof by THE OZ.
Article 8 - personal data
THE OZ collects certain information necessary to process orders.
This data is not only required to process the customer’s order by THE OZ, but also to provide the Client with information about the Gerard Darel brand, on the Site, or to send out marketing benefiting Gerard Darel, if the customer agrees by validating the order.
The information is strictly confidential and is identified by an asterisk (*) when necessary for THE OZ, and / or its contractors as part of the management of the customer’s order.
Following any injunction by legal authorities in order to protect its rights or those of its employees, customers or any other person, THE OZ may disclose this information to legally authorised organisations and authorities.
THE OZ is committed to taking every precaution to ensure the security of its files and protect its computer system, and in particular to prevent the Customer's personal information from being distorted, damaged or being disclosed to unauthorised parties.
The Customer's personal information is sent to and stored at the host site located in France, whose details are found on the website under "Legal Information".
In accordance with the data processing act of January 6, 1978, as amended by the Act of 6 August 2004, the Customer has a right to access, rectify, modify and delete data.
The site is registered with the Commission Nationale de l'Informatique et des Libertés - CNIL under number 1351361. The Customer may exercise this right by sending a letter to the following address or by email, stating their full name, email and mailing address:
THE OZ
E-boutique Gerard Darel - Pablo
1 boulevard Victor
75015 Paris
France
@ : eshop@gerarddarel.com
The Customer may also change his personal data from his customer area by identifying himself with his email address and password.
Article 9. cookies
To process the customer order, and in order to better understand their needs and customise the services offered on the Site, THE OZ uses cookies. A cookie is a file stored on the hard disk of the Customer PC to report that his visit to the site.
Cookies memorise the time spent by the Customer on the Site, his identity (his email address and password) and the contents of his basket. Once disconnected from the Site, this information is stored for 30 (thirty) days before being permanently deleted.
Customer may oppose the registration of cookies by configuring their browser. They lose any customization of the service that is offered on the Site.
Article 10. limitation of liability
Placing an order on the Website implies knowledge and acceptance of procedures on the Internet, including those regarding technical performance, response and connection times, questions or transfers of information, risks of contamination by viruses circulating on the network and in general all the risks associated with the use of the Internet.
THE OZ may not therefore in any way be held liable for any direct or indirect damage resulting from misuse or incidents related to the use of computers, access to the Internet, maintenance or malfunction of the servers, the phone line or any other technical connection, connection to the Site by the Customer occurring under his full responsibility.
Article 11. force majeure
THE OZ will not be liable for the total or partial breach of its obligations in respect of the order placed by the Customer if this breach is caused by an event of force majeure as defined by positive law.
In such a case, THE OZ shall inform the Customer of the occurrence of such an event within three (3) days after it occurs, by e-mail.
After a period of 1 (one) month, and assuming that the causal event of a force majeure persists, the order will be cancelled and will, where appropriate, be subject to reimbursement of THE OZ on the credit card used for the making of the order within a maximum period of 30 (thirty) days.
Article 12. applicable law
If any of the terms of these Conditions of Sale are void, illegal or made unenforceable by a court decision, the other provisions of the Terms and Conditions remain in effect.
The Terms and Conditions are executed and interpreted in accordance with French law.
In the event of any dispute, the customer shall first contact THE OZ to seek an amicable resolution and, failing an agreement, the common law courts shall have sole jurisdiction.
