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, geographical traceability of the three major manufacturing stages [weaving/knitting, dyeing/printing and assembly of the finished product] 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 Products whose photographs are displayed on the Site are faithful to the original Products, 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 with 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 Product 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.

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.

III.2 Price display

Prices displayed on the Site are indicated in Euros for France and the European Union or in the local currencies of the countries in which the Site sells the Products (the list of said countries can be consulted directly on the Site).

In the event of the display of an erroneous or obviously derisory price (low price), for whatever reason (in particular an computer 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.

In the context of promotional operations organized by the Company, prices will be displayed in the form of crossed-out price advertisements. The advertisements will be based on the selling price during the last thirty days preceding the promotional operation in question.

III.3  Price changes

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

The Site offers the possibility of acquiring or offering an e-gift card through its “E-gift card” tab.

The Customer is invited to:

-          select one of the four amounts available on the Site: €50, €100, €150, €200, €250, €300, €350, €400, €450 or €500.

-          enter the name of the recipient (themselves or a third party).

-          add a message to the recipient

-          enter the e-gift card recipient's e-mail address

-          choose the date on which the e-gift card is to be sent, with the option of printing it out or receiving it by e-mail.

Once these elements have been filled in, the Customer must click on the “Add to Cart” button and follow the ordering procedure as described in article V.2 of these GTCS.

The e-gift card will be sent solely and automatically by e-mail to the e-mail address indicated by the Customer as the recipient.

The e-gift card is not nominative. Its holder will be exclusively responsible for its use.

 The e-gift card is valid for twelve (12) months from the date it is sent to the recipient's e-mail address, as indicated by the Customer.

It can only be used on the Site.

It can be used to pay for all or part of purchases made on the Site. It may be used in one or more instalments, subject to the balance available and the validity date.

If the balance is insufficient to pay for the entire order, the Customer must complete the payment with one of the other payment methods accepted by the Site.

The e-gift card holder can check the balance available at any time via the link sent to him by email when the e-gift card was sent.

The e-gift card may not be reloaded, exchanged, transferred or resold, nor may it be reimbursed, even partially, for any reason whatsoever (including in the event of loss, theft or expiry).

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

In the event of a request for reimbursement of an order paid for in full or in part by an e-gift card, the holder of the e-gift card will be credited with the amount paid in this form, with a new validity period of twelve (12) months.

The Site enables the Customer to place an order or reserve a Product in-store.

V.1. E-reservation

The Customer is invited to read SOCLOZ's General Conditions of Use, which determine the conditions under which the Customer may use the online reservation service.

V.2. Order procedure

The Customer completes the 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/she 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 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 Products 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 their e-mail address and password to order using their customer account. The Customer may also identify himself by using his/her 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) civility ;

b) first name ;

c) name ;

d) phone number ;

e) e-mail address ;

f) password ;

g) date of birth (optional).

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 as well as to consult the history of his orders, make a return request and download the invoices of his purchases.

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 customer account: If the Customer has entered an address in his/her profile, this will automatically be 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/her delivery details (country of delivery, first and last name, address and telephone number). The Customer can ask for his /her details to 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/her 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 checking the box "I agree to the terms and refund policy and privacy policy". Only after accepting the GTCS and the Privacy Policy can the Customer continue with the shipment by clicking on the "Continue to shipment" 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.

For deliveries to mainland France (including Corsica), the Customer can choose between home delivery or delivery to a relay point via our partner Colissimo. If the Customer has chosen delivery to a relay point, he/she is invited to choose the latter from the list proposed by clicking on the "Choose my relay point" button.

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.

-          E-Gift Card: The Customer is invited to enter the number of the E-Gift Card in the appropriate fields at the type of payment. If the balance is insufficient to pay for the entire order, the Customer must complete the payment with one of the other payment methods accepted by the Site. The Customer is invited to consult article IV of the GTCS.

- 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.

-        Voucher generated on our second-hand platform www.secondemain.gerarddarel.com: Customers hereby are reminded that :

o   the amount of the voucher may not exceed €250.

o   the voucher is valid for 12 months from the date of issue, and may only be used on the Site and at www.secondemain.gerarddarel.com.

o   the voucher can be used on all Products offered for sale on the Site, with the exception of Products :

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

       ii.     on sale.

o   the voucher cannot be split: a single voucher can be used to pay for a single order.

o   the voucher cannot be combined with any other voucher or discount code.

o   the voucher cannot be used to pay for the delivery costs of an order.

The Customer is informed that the use of this method of payment cannot be used to pay for the entire order, and that it must therefore be supplemented by other methods of payment available on the Site.

This method of payment is only available in mainland France (including Corsica).

For further information on vouchers, the Customer is invited to consult the GTC of our second-hand platform www.secondemain.gerarddarel.com.

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

At this stage, the Customer can also enter a discount code (as indicated above, the discount code cannot be used when using a voucher generated from our Seconde Main platform) 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 GTCS (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 means of contact specified on the Site, in particular by e-mail eshop@gerarddarel.com, by telephone on +33 (0) 1 80 49 12 12 from Monday to Friday, 9am to 1pm and 2pm to 6pm (excluding public holidays) as well as by any other means of contact available from the "Contact Us" page.

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.

In addition, in accordance with article L.213-1 of the French Consumer Code and decree 2005-137 of February 16, 2005, when an order is for an amount equal to or greater than €120, the Company retains the elements relating to the said order for a period of 10 years and makes them available to the Customer upon request to eshop@gerarddarel.com.

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)      Home delivery

Products on the Site are delivered :

• By the Company : in Mainland France (including Corsica), French overseas departments and territories

  
  

• By Global-e : in the other countries indicated on the Site

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 countries indicated on the Site.

b)      Collection from a relay point (only for mainland France and Corsica)

For deliveries in mainland France (including Corsica) only, the Company offers the Customer the possibility of collecting the order from one of the relay points listed on the Site.

The Product will be made available at the chosen relay point within the timeframe communicated by the Company and, failing any indication, in any event no later than 30 days from the order date, subject to full payment of the price.

As soon as the order is available at the relay point, the Customer is immediately informed by e-mail. The Customer then has ten (10) working days to collect the order from the relay point concerned.

When picking up the order at a relay point, the Customer must present the e-mail indicating that the order has been made available, as well as a valid form of identification. The Customer's identity will then be verified. The order will then be handed over to the Customer.

After a period of 10 working days from the date of dispatch to the Customer of the message informing him that his order is available for collection at a relay point, the sale will be cancelled ipso jure. The Customer will then be reimbursed for the price of the order.

c)       Delivery charges

Delivery charges in mainland France are offered by the Company for standard home delivery and collection from a "point relais". Delivery to French overseas departments and territories and other countries is at the Customer's expense. It is specified that for other destinations, 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.

d)      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, outlet 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

  
  

• at the time when the Articles are deposited in a relay selected by the Customer for mainland France (including Corsica).

e)      Delivery problems

Any failure or delay in delivery, or in the availability of relay point Products for mainland France (including Corsica) only, 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 XIII 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 Products are transferred to the Customer at the moment when he takes physical possession of the Products concerned.

It is also the Customer's responsibility to check the number and apparent condition of the Products upon delivery by the carrier. If the parcel received is open or visibly damaged, or if all or part of the Products in the parcel are damaged, missing or do not correspond to the order, the Customer is invited to notify the Company by e-mail eshop@gerarddarel.com, by telephone +33 (0) 1 80 49 12 12 from Monday to Friday, from 9am to 1pm and from 2pm to 6pm (excluding public holidays), as well as by instant messaging available from the "Contact Us" page, within forty-eight hours (48h) to enable the Company to carry out an investigation with the carrier and/or to exercise recourse with the carrier within the time limits stipulated by the applicable regulations, where applicable.

In the event of a shortage, refusal or return of an Item by the Customer under the above circumstances, the Company will proceed with the reimbursement of the Item(s) concerned upon receipt of your returned package and after verification by the Company's Customer Service Department.

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 IX below.

In accordance with current legislation, and in particular articles L.221-18 to L.221-28 of the French Consumer Code, the Customer has a period of fourteen (14) days following receipt of the Product 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 Product, 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 Products 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 Product 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/she may send a letter to the Company at the address given below, an e-mail to eshop@gerarddarel.com or use the online procedure described on the Site in the "FAQ" (Frequently Asked Questions).

In accordance with article L.221-23 of the French Consumer Code, 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:

⮚      For customer accounts :

o   The Customer must declare his/her return on the Site in the "My Orders" section. To do so, the Customer must click on the order for which he wishes to return Products, then on the "Make a return" button. The Customer must follow all the instructions and then validate his/her return request. The request is recorded and the Customer can download the return label if it was not included in the parcel or if it was lost.

o   The Customer must put the return label provided on the return package.

o   The Customer must deliver his/her parcel with its label for mainland France to the Post Office or to Colissimo collection points (list of collection points can be consulted on the Colissimo website) and for French overseas departments and territories (Guadeloupe and Martinique only) to DHL collection points (list of collection points can be consulted on the DHL website).

⮚      If the Customer does not have a customer account :

o   The Customer must declare his return via the "Make a return" link available at the foot of the Site. The Customer must enter his/her order number, which can be found on the delivery note and in the follow-up e-mails.

o   The Customer must follow all the instructions and then validate the return request. The request is then registered and the Customer can download the return label if it was not included in the parcel or if it was lost.

o   The Customer must put the return label provided on the return package.

o   The Customer must deliver the parcel with its label to the Post Office or to Colissimo collection points in mainland France (list of collection points can be consulted on the Colissimo website) and to DHL collection points in French overseas departments and territories (Guadeloupe and Martinique only) (list of collection points can be consulted on the DHL website).

It is specified that in all cases, Products must be returned in their original packaging, with any accessories, in a condition allowing 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

Return shipping costs are at the Company's expense for orders shipped to Mainland France only.  If the Customer decides not to use the prepaid return label provided by the Company for returns from metropolitan France, the return costs will be borne by the Customer. Return shipping costs are at the Customer’s expense for order shipped outside Mainland France. 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 refunded 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 Products returned by the Customer, or until the Customer has sent proof of dispatch of the Products to the Company, whichever comes first.

It is specified that the refund will be made according to the method of payment used by the Customer at the time of ordering. In the event of payment with a voucher generated from our second-hand platform, the Customer will receive a voucher of equivalent value. In the event of payment with an e-gift card, the holder of the e-gift card will be credited with the amount paid in this form with a new validity period of twelve (12) months.

Please note: The right of withdrawal cannot be exercised for contracts listed in articles L. 221-2 and L. 221-28 of the French Consumer Code, in particular:

-  Supply of services fully performed before the end of the withdrawal period and whose performance has begun after the consumer's express prior agreement 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 articles L.217-1 to L.217-17 of the French Consumer Code and to the conditions of the legal guarantee against hidden defects provided by articles 1641 to 1648 of the French Civil Code.

Should the Customer discover a lack of conformity and/or hidden defect, he/she 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 for returning the Products.

a) Warranty of conformity

The Company undertakes to deliver to the Customer a 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) years from the date of 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 involves a manifestly disproportionate cost for the Company within the meaning of Article L.217-22 of the French Consumer Code, 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 Product or

-          keep the Product 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 remaining warranty period 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 award of damages in the event that the Customer is entitled thereto.

The Customer may bring an action before the French courts within five (5) years of the discovery of the defect in the event that the Company has not complied with the Customer's request.

The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code.

A seller who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 241-5 of the French Consumer Code).

b) Warranty against hidden defects

The Company undertakes to deliver to the Customer a Product free from hidden defects (defects not apparent at the time of purchase) which would render it unfit for its intended use, or which would so diminish its use that the Customer would not have acquired it or would have given only a lesser price for it had he known of them.

The Customer:

-          must prove that he meets the warranty conditions:

a)       the Product has a defect that was not apparent at the time of purchase;

b)      the defect renders the Product unfit for its intended use or significantly reduces such use.

c)       the defect existed at the time of purchase.

-          has a period of two (2) days from the discovery of the defect in which to make use of the warranty with the vendor. It is specified that the defect may be discovered within 20 years of purchase.

-          can choose :

a)       return the Product and obtain reimbursement of the price and costs incurred by the sale

OR

b)      keep the Product and have part of the price refunded.

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 shall refrain from extracting, representing, reproducing or, more generally, undermining 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

NOTE: For all contracts for the purchase and sale of GERARD DAREL products delivered to countries other than France, the Customer is also subject to Global-e's privacy policy. Global-e, as the data controller, will process the personal information provided by the Customer. The Customer is therefore invited to read Global-e's privacy policy and cookies policy, available at the following link: global-e.com/consumer-privacy-policy

In addition, for any return or purchase contract for second-hand Products on the GERARD DAREL SECONDE MAIN platform (available only for mainland France, including Corsica), the Customer is also subject to the platform's privacy policy. The Customer is therefore invited to read the confidentiality and cookie policies available at the following link: secondemain.gerarddarel.com/pages/politique-de-confidentialite

In the event of force majeure within the meaning of article 1218 of the French Civil Code, 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.

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

If any provision of these GTC 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 GTC 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.

-          or through the other means of contact available in the Site's "Contact Us" tab.

Failing amicable settlement with the Company's customer service department, the Customer may submit the dispute to the consumer mediator with whom the Company has concluded an agreement. In accordance with article L.612-1 of the French Consumer Code, "Every consumer has the right to have recourse, free of charge, to a consumer mediator with a view to the amicable settlement of a dispute with a professional".

Disputes falling within the scope of article L.612-1 of the French Consumer Code are those defined in articles L.611-1 and L.611-2 of the French Consumer Code, i.e. disputes of a contractual nature, concerning the performance of a contract for the sale or supply of services, between a consumer and a professional.

The text covers both national and cross-border disputes.

The Customer is invited to make his request by :

-          post to :

CM2C

Centre de la Médiation de la Consommation de Conciliateurs de Justice

4 Rue Saint-Jean

75017 Paris

-          by email: cm2c@cm2c.net 

After a consumer has first approached the Company in writing, the CM2C may be called upon to deal with any consumer dispute for which no settlement has been reached.

The Customer may also 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&lng=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 these GTS, unless otherwise provided by law, which would refer to the imperative jurisdiction of a foreign court, and without depriving the Customer of the right to bring the dispute before a competent foreign court of his choice.

These GCS 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.

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