General conditions of sale of the george-georges.com website – September 2020
These General Terms and Conditions of Sale are those of the company GEORGE & GEORGES (hereinafter referred to as GEORGE & GEORGES SAS), a simplified joint-stock company with a share capital of 98,000 euros whose head office is located at 41 rue de Verneuil – 75007 Paris -France, registered in the Paris Trade and Companies Register. Its SIRET number is 810 710 251 000. Its telephone number is as follows +33 (0) 1 42 60 36 53.
SCOPE AND ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
The purchase of products offered on the website www.george-georges.fr (hereinafter the “Site”) is subject to the present general conditions of sale of the site (hereinafter the “General Conditions of Sale”). The Products are intended exclusively for sale to end consumers, natural or legal persons, to the exclusion of any resellers or intermediaries acting on behalf of resellers. The resale or distribution of GEORGE & GEORGES products purchased on the Site is strictly prohibited. GEORGE & GEORGES SAS can update these General Conditions of Sale at any time. You can read the latest version of the General Conditions of Sale in force at any time by contacting our Customer Service. The General Conditions of Sale in force at the time of the conclusion of the sales contract are those which are binding on you. In addition, with each purchase of products on the Site, you will be asked to confirm your acceptance of these General Conditions of Sale in force on the date of purchase. These General Conditions of Sale can be viewed before and at the time when you are asked to confirm that you accept them. To materialize your acceptance, you must check the box “I accept the general conditions of sale”.
The Site allows the company GEORGE & GEORGES SAS to order a selection of products of the GEORGE & GEORGES brand (hereinafter the “Products”) immediately online via the Internet for delivery to mainland France (island of Corsica included), the Principality of Monaco, Germany, Belgium, Luxembourg, the Netherlands (excluding the Netherlands Antilles and Aruba), Spain (excluding the Canary Islands), Italy, Ireland, Austria and the United States (see the article below “DELIVERY ZONE”). You can also order by phone on +33 (0) 1 42 60 36 53, from Tuesday to Saturday (excluding public holidays), from 9:30 a.m. to 7 p.m. For any exceptional order, we thank you for contacting our Customer Service (email@example.com)
AVAILABILITY OF PRODUCTS
Our product offers and prices are valid as long as they are visible on the Site, while stocks last. Errors or modifications may exceptionally exist, in particular in the case of simultaneous orders of the same Product by several customers. In the event of unavailability of a Product after placing your order, we will inform you by email or telephone as soon as possible, offering you either to order another item presented on the Site as a replacement, or to cancel your order. If you choose to cancel your order, you will be immediately refunded if your bank account has been debited. GEORGE & GEORGES SAS does not incur any liability in the event of a stock shortage or unavailability of Products for orders not yet accepted by GEORGE & GEORGES SAS. GEORGE & GEORGES SAS reserves the right to change the Products offered on the Site at any time and without notice. In order to ensure a better quality of service and availability of our Products to all of the Site’s customers, GEORGE & GEORGES SAS reserves the right to limit the quantity of Products that can be purchased by a customer, in accordance with the applicable provisions in this area and in particular those of Article L122-1 of the French Consumer Code.
PRICE – ACCEPTED MEANS OF PAYMENT
The prices of the Products are indicated in euros, all taxes included. Except in cases of reimbursement made (i) within the framework of the exercise of the right of withdrawal or for (ii) lack of conformity and hidden defects, GEORGE & GEORGES SAS will not refund the VAT applied on purchases made on the Site. (even in the event that the buyer, after receipt, sends the Products back to a country outside the European Union). The amount of your order includes delivery costs (see the article below “SHIPPING COSTS”). GEORGE & GEORGES SAS reserves the right to modify the prices of the Products offered on the Site at any time and without notice. The Products are invoiced on the basis of the prices displayed on the Site at the time of placing your order, subject to the availability of the Products ordered at that time. Any order placed on the Site must be paid for immediately when placing your order. Your order will only be shipped after verification of your payment method and receipt of the debit authorization from your card. In the event of unavailability of certain Products ordered (see the article below “Availability”), only the price and transport costs relating to the available Products will be debited.
The Products ordered remain the property of GEORGE & GEORGES SAS until full receipt of the price by GEORGE & GEORGES SAS. On the other hand, you assume the risks (in particular of loss, theft or deterioration) concerning the Products delivered from the moment they are delivered to the address indicated when ordering.
The Products purchased on the Site can only be delivered in metropolitan France (island of Corsica included), in the Principality of Monaco, in Germany, in Belgium, in Luxembourg, in the Netherlands (excluding the Netherlands Antilles and Aruba), Spain (excluding the Canary Islands), Italy, Ireland, Austria and the United States (hereinafter the “Delivery Zone”). It is impossible to place an order for any delivery address located outside the Delivery Zone. For reasons, in particular of security, GEORGE & GEORGES SAS will not process any order for which a poste restante, a post office box or a Cedex address is provided. The Products are shipped to the delivery address (es) you provided during the ordering process.
The Products will be delivered using the UPS saver express courier service, payable in addition to the price of the Products. DELIVERY DELAY During the ordering process, we will tell you the shipping times for the Products purchased and the country of delivery chosen.
RIGHT TO RETRACT
a) Right and withdrawal period You have a legal right of withdrawal for a period of fourteen (14) days which you can exercise under the conditions provided for by articles L121-21, L121-21-1 and L121-21-2 of the Consumer Code. , if you meet the conditions set by these provisions, without having to justify reasons and without having to pay penalties. b) Procedures for exercising the right of withdrawal To exercise your right of withdrawal, you must return within fourteen (14) days to the following address: GEORGE & GEORGES 41 rue de Verneuil 75007 Paris (France), either (i) the duly completed withdrawal form, or ( ii) any other unambiguous statement expressing your wish to withdraw. The Products must be returned, under the conditions detailed in the article “RETURN, EXCHANGE AND REFUND”, either (i) simultaneously with the notification of your decision to withdraw or (ii) within fourteen (14) days from notification of your decision to withdraw. c) Restrictions on the right of withdrawal: In accordance with Article L121-21-8 of the Consumer Code, your right of withdrawal cannot be exercised for orders of Products that have been the subject of a marking. d) Consequence of the right of withdrawal: As part of the exercise of the right of withdrawal or in the event of non-compliance, you can return the Product (s) purchased by requesting the exchange or refund under the conditions provided for in the article “RETURNS – EXCHANGES – REFUNDS”.
RETURNS – EXCHANGES – REFUNDS
1) From the Site:
As part of the exercise of the right of withdrawal, the Products must be returned accompanied by their purchase invoice, or a copy in the event of a partial return, in their original condition and packaging, to the following address : GEORGE & GEORGES 41, rue de Verneuil, 75007 Paris (France). The standard delivery costs relating to the first shipment as well as the delivery costs of the second shipment will not be covered by GEORGE & GEORGES SAS.
For gifts – obtained on the Site – which have been offered to you, only the exchange is accepted. We do not offer refunds, even partial, if the Product in question is a Product that you received as a gift.
In case of exchange:
– If the amount of the Product (s) chosen as a replacement has a value greater than the amount of the Product (s) returned, you will have to pay the price difference in accordance with these General Terms and Conditions of Sale.
– If the amount of the Product (s) chosen as a replacement has a value lower than the amount of the Product (s) returned, a credit note of the differential value will be sent to you.
GEORGE & GEORGES SAS has full discretion to decide whether the Products are in their initial state when they are returned.
GEORGE & GEORGES SAS will not be responsible in the event of loss, sending to the wrong address or late delivery of a Product that you wish to return, insofar as the risks of the transport that you choose and that you initiate rest on you. alone.
We do not currently offer the possibility of requesting the exchange or refund of Products purchased in a GEORGE & GEORGES to the Site.
2) At GEORGE & GEORGES
Any Product purchased (or received as a gift) on the Site (with the exception of a Product that has been the subject of a personalized marking at your request or patinated products) may be exchanged or be subject to a customer credit in some of the GEORGE & GEORGES within fifteen (15) calendar days following the delivery date, under the following conditions:
– Returned Products must be in their original condition and packaging.
Products returned or returned must be accompanied by their purchase invoice or a copy in the event of a partial return. Please contact our Customer Service by email or by phone on +33 (0) 1 42 60 36 53 for a list of GEORGE & GEORGES offering the possibility of making an exchange.
– The delivery costs of the Product (s) purchased on the Site will not be refunded to you when you return the Product (for an exchange or customer credit) to a GEORGE & GEORGES.
GEORGE & stores GEORGES do not offer reimbursement for Products purchased on the Site. Under no circumstances will it be possible to credit your bank card.
In order to request a refund for a Product purchased from the Site in exercise of your right of withdrawal, you must proceed as indicated above in the previous paragraph “1) From the George-georges.com site”.
The Products sold by GEORGE & GEORGES SAS are subject to the legal warranty conditions provided for by articles L 211-4 to L 211-13 of the Consumer Code as well as by articles 1641 to 1648 of the Civil Code, to the exclusion of all other guarantees: • Legal guarantee of conformity: GEORGE & GEORGES SAS will deliver a Product to you that conforms to the contract and is free from lack of conformity upon 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 presented during the sale. GEORGE & GEORGES SAS also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility. This guarantee will only apply on the condition that you make a request within two years of delivery of the goods. Defects of conformity which appear within a legal period of twenty-four (24) months from delivery are presumed to exist at the time of delivery, unless proven otherwise. You can choose between repair and replacement of the Product unless one of these choices results in a manifestly disproportionate cost for GEORGE & GEORGES SAS. If repair or replacement of the Product is not possible, you may be refunded the price paid and return the Product or keep the Product and be refunded part of the price, unless the lack of conformity is minor. The return of the price (total or partial), the replacement or repair of the Product will occur at no cost to you and do not preclude the possible award of damages if you are entitled to it. This excludes of course faults due to improper use. • Legal guarantee against hidden defects: GEORGE & GEORGES SAS will give you a Product free of hidden defects which would make it unfit for the use for which it is intended, or which reduce this use so much that you would not have acquired it, or you would have only given it. a lower price, if you had known them. This warranty will only apply on the condition that you make a request within two (2) years of discovery of the defect. This excludes of course faults due to improper use. In the event of a hidden defect, you will have the choice to return the Product and have you refunded the price and costs incurred by the sale or keep the Product and have part of the price refunded to you. In all cases, it will be up to you to prove that it meets the conditions of the guarantee. In the event of lack of conformity and hidden defects, you must return the Products to us at the following address: GEORGE & GEORGES – 41, rue de Verneuil 75007 Paris – France. AFTER-SALES SERVICE AND AVAILABILITY OF SPARE PARTS Any technically repairable Product benefits from after-sales service. The terms and conditions applicable to the after-sales service of GEORGE & GEORGES SAS are available on the Site and accessible before purchasing the Product. In accordance with Article L 111-3 paragraph 1 of the Consumer Code, GEORGE & GEORGES SAS confirms that no period of availability of spare parts essential for the use of the Products is guaranteed. GEORGE & GEORGES SAS will nevertheless make its best efforts to satisfy its Customers in the event of a request for one or more spare parts.
LIMITATION OF LIABILITY
Under no circumstances can GEORGE & GEORGES SAS be held liable for any damage which does not result from a failure by GEORGE & GEORGES SAS to comply with one of its obligations.
EVENTS OUTSIDE OUR CONTROL
We will not be liable for any breach of our obligations under any circumstances where our inability to perform our obligations is caused, in whole or in part, by your breach of any of your obligations under these Terms. sale, including in particular by any default or delay in payment or acceptance of delivery. We will not be held responsible for any failure or delay in the performance of any of our obligations under these general conditions of sale which is caused by events beyond our control, such as strikes, lock-outs or similar; terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or the inability to use public or private transport. We will notify you as soon as we can, if such an event arises, and our obligations under these terms and conditions will be suspended for the period covered by the event. We will do our best to bring such events to an end or to find ways to perform our obligations despite such an event.
APPLICABLE LAW AND COMPETENT JURISDICTION
These general conditions of sale are governed and interpreted in accordance with French law. However, in application of Regulation EC 593/2008 of June 17, 2008, these general conditions of sale do not prevent the application of a provision more favorable to the customer, from which it cannot be waived by agreement, and this under the law of the country where the customer has his habitual residence. In the event of a dispute relating to the application and / or interpretation of these general conditions of sale, the customer has the option of resorting to a conventional mediation procedure or any other alternative dispute resolution procedure. In accordance with ordinance n ° 2015-1033 of August 20, 2015 and the implementing decree n ° 2015-1382 of October 30, 2015, any so-called consumer dispute or dispute, subject to article L.152-2 of Consumer Code, may be the subject of an amicable settlement by mediation with the CMAP – Center de Médiation et d’Arbitrage de Paris. To submit a dispute to the mediator, the client can (i) complete the form on the CMAP website: www.cmap.fr tab “you are: a consumer” (ii) send his request by regular or registered mail to CMAP Mediation Consumption, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or (iii) send an email to firstname.lastname@example.org. Whatever the means used to enter the CMAP, the customer’s request must contain the following elements to be processed quickly: their postal, email and telephone details as well as the full name and address of GEORGE & GEORGES, a brief statement of the facts , and proof of the preliminary steps with GEORGE & GEORGES. Notwithstanding the above, in the event of a dispute, and in accordance with Regulation No. 1215/2012 of December 12, 2012:
– the customer can seize either the court of his domicile or the French courts, – GEORGE & GEORGES may apply to the court for the place of the Client’s domicile.