Terms of sale

Effective as of 03/01/2019

ARTICLE 1 - Scope of Application

These General Terms and Conditions of Sale (known as "GTC") apply, without restriction or reservation, to all sales concluded by the Seller to non-professional buyers ("The Customers or the Customer"), wishing to acquire the products offered for sale ("The Products") by the Seller on the www.giovanniparis.fr website. The Products offered for sale on the site are as follows:

  • Ready-to-wear clothing for women and men in leather, fur, and other textile materials.

The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity of the Products, are presented on the www.giovanniparis.fr website, which the customer is required to review before ordering.

The choice and purchase of a Product are the sole responsibility of the Customer.

Product offers are valid subject to available stock, as specified when the order is placed.

These GTC are accessible at any time on the www.giovanniparis.fr website and will prevail over any other document.

The Customer declares to have read these GTC and accepted them by checking the box provided for this purpose before implementing the online ordering procedure on the www.giovanniparis.fr site.

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.

The Seller's contact details are as follows:

TRENDS CORP

Share capital of 20,000 EUROS

Registered with the Paris RCS (Trade and Companies Register) under number 851 815 472

70 Avenue Victor Hugo, 93300 Aubervilliers.

mail: contact@giovanniparis.fr

phone: +33 (0) 1 48 11 10 90

Intra-community VAT number FR52 851 815 472

The Products presented on the www.giovanniparis.fr site are offered for sale in the following territories:

Continental Europe and America.

In case of an order to a country other than mainland France, the Customer is the importer of the concerned Product(s).

For all Products shipped outside the European Union and French Overseas Departments and Territories (DOM-TOM), the price will be calculated excluding tax automatically on the invoice.

Customs duties or other local taxes or import duties or state taxes may be payable. They will be at the expense of and are the sole responsibility of the Customer.

ARTICLE 2 - Price

The Products are supplied at the current prices listed on the www.giovanniparis.fr site when the order is registered by the Seller.

Prices are expressed in Euros, excluding tax (HT) and including tax (TTC).

The prices take into account any reductions that may be granted by the Seller on the www.giovanniparis.fr site.

These prices are firm and non-revisable during their period of validity, but the Seller reserves the right, outside this validity period, to change the prices at any time.

Prices do not include processing, shipping, transport, and delivery costs, which are billed in addition, under the conditions indicated on the site and calculated before the order is placed.

The payment requested from the Customer corresponds to the total purchase amount, including these costs.

An invoice is issued by the Seller and given to the Customer upon delivery of the ordered Products.

ARTICLE 3 – Orders

It is the Customer's responsibility to select the Products they wish to order on the www.giovanniparis.fr site, according to the following procedures:

The Buyer creates their account or logs in if one already exists.

  • The Buyer places their order online after consulting the catalog available to them.

  • For the order to be validated, the Buyer must accept these general terms and conditions by clicking in the indicated place on the site. They must also choose the address and delivery method, the billing address, validate the payment method, and pay online.

  • The order will be confirmed by e-mail at the latest at the time of delivery.

  • Acceptance of the order will firmly and definitively formalize the sales contract that binds you to Giovanni Paris.

  • Any order implies acceptance of the prices and descriptions of the Goods available for sale.

  • In the event of unavailability of the Goods, the Buyer will be informed as soon as possible and will also have the option to cancel their order. The buyer will then have the choice to request either a refund of the sums paid within 30 days at the latest of their payment, or an exchange of the product.

  • For any question relating to order tracking, the Buyer must call 01.48.11.10.90 (Monday to Friday from 10 a.m. to 6 p.m., cost of a local call).

Product offers are valid as long as they are visible on the site, within the limits of available stocks.

The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to verify the accuracy of the order and to report any errors immediately.

Any order placed on the www.giovanniparis.fr site constitutes the formation of a contract concluded at a distance between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

The Customer may track the progress of their order on the site.

Any cancellation of the order by the Customer will only be possible before the delivery of the Products (independent of the provisions relating to the application or not of the legal right of withdrawal).

ARTICLE 3 Bis - Customer Area - Account

To place an order, the Customer is invited to create an account (personal space).

To do this, they must register by filling out the form that will be proposed to them at the time of their order and undertake to provide sincere and accurate information concerning their civil status and contact details, including their email address.

The Customer is responsible for updating the information provided. They are advised that they can modify this information by logging into their account.

To access their personal space and order history, the Customer must identify themselves using their username and password, which will be communicated to them after registration and which are strictly personal. As such, the Customer shall not disclose them. Otherwise, they will remain solely responsible for any use made of them.

The Customer may also request to unsubscribe by going to the dedicated page in their personal space or by sending an email to: contact@giovanniparis.fr. This will be effective within a reasonable time.

In the event of non-compliance with the general terms and conditions of sale and/or use, the www.giovanniparis.fr site will have the possibility of suspending or even closing a customer's account after formal notice sent by electronic means and remaining without effect.

Any deletion of an account, for whatever reason, will result in the simple deletion of all the Customer's personal information.

Any event due to force majeure resulting in a malfunction of the site or server, and subject to any interruption or modification for maintenance, does not engage the liability of the Seller.

The creation of the account entails acceptance of these general terms and conditions of sale.

ARTICLE 4 - Payment Conditions

The price is paid by secure payment, according to the following methods:

  • payment by credit/debit card

  • or payment by bank transfer to the Seller's bank account (details of which are communicated to the Customer when the order is placed)

    For payment by credit/debit card, the card is only debited when the order is shipped.

    Payment data is exchanged in encrypted mode using the protocol defined by the authorized payment service provider involved in banking transactions carried out on the www.giovanniparis.fr site.

    Payments made by the Customer will not be considered final until the Seller has effectively collected the sums due.

    The Seller shall not be required to deliver the Products ordered by the Customer if the Customer does not pay the full price under the conditions indicated above.

ARTICLE 5 - Deliveries

The Products ordered by the Customer will be delivered in mainland France or in the following area(s):

Europe, Asia, America.

Deliveries occur within a period of 2 days to the address indicated by the Customer when ordering on the site.

Delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the ordered Products will be delivered in a single shipment.

The Seller undertakes to use its best efforts to deliver the products ordered by the Customer within the deadlines specified above. However, these deadlines are provided for informational purposes only.

If the ordered Products have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the sale may be canceled at the written request of the Customer under the conditions provided for in Articles L 216-2, L 216-3, and L241-4 of the Consumer Code. The sums paid by the Customer will then be refunded to them at the latest within fourteen days following the date of termination of the contract, to the exclusion of any compensation or deduction.

Deliveries are carried out by an independent carrier, to the address mentioned by the Customer when placing the order and to which the carrier can easily access.

When the Customer has arranged to use a carrier of their own choosing, delivery is deemed completed upon the handover of the ordered Products by the Seller to the carrier, who has accepted them without reservation. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and has no warranty claim against the Seller in the event of non-delivery of the transported goods.

In the event of a special request from the Customer concerning the packaging or transport conditions of the ordered products, duly accepted in writing by the Seller, the related costs will be subject to specific additional invoicing, based on a quote previously accepted in writing by the Customer.

The Customer is required to check the condition of the delivered products. They have a period of 14 days from delivery to make claims by mail, e-mail, or telephone, accompanied by all supporting documents (photos in particular). After this period and failure to comply with these formalities, the Products will be deemed compliant and free of any apparent defect, and no claim can be validly accepted by the Seller.

The Seller will refund or replace, as soon as possible and at its expense, the delivered Products whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the Consumer Code and those provided for in these GTC.

The transfer of risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk and peril, except when the Customer has chosen the carrier themselves. In this capacity, the risks are transferred at the time of the handover of the goods to the carrier.

ARTICLE 6 - Transfer of Ownership

The transfer of ownership of the Seller's Products to the Customer will only take place after full payment of the price by the latter, regardless of the delivery date of said Products.

ARTICLE 7 - Right of Withdrawal

According to the terms of Article L221-18 and L121-20 of the Consumer Code: "The consumer has a period of fourteen days to exercise their right of withdrawal from a contract concluded at a distance, following telephone canvassing or off-premises, without having to justify their decision or bear other costs than those provided for in Articles L. 221-23 to L. 221-25.

The period mentioned in the first paragraph runs from the day:

1° Of the conclusion of the contract, for contracts for the provision of services and those mentioned in Article L. 221-4;

2° Of the receipt of the good by the consumer or a third party, other than the carrier, designated by them, for contracts for the sale of goods. For contracts concluded off-premises, the consumer may exercise their right of withdrawal from the conclusion of the contract1.

In the case of an order for several goods delivered separately or in the case of an order for a good composed of multiple lots or pieces whose delivery is staggered over a defined period, the period runs from the receipt of the last good or lot or the last piece.

For contracts providing for the regular delivery of goods during a defined period, the period runs from the receipt of the first good."

The right of withdrawal can be exercised online, using the attached withdrawal form also available on the site, or by any other unambiguous statement expressing the wish to withdraw, including by postal mail sent to the Seller at the postal or email address indicated in ARTICLE 1 of the GTC.

Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing them to be resold as new, accompanied by the purchase invoice.

Damaged, soiled, or incomplete Products will not be taken back.

Return shipping costs remain the responsibility of the Customer.

The exchange (subject to availability) or refund will be made within 14 days of the Seller's receipt of the Products returned by the Customer under the conditions provided for in this article.

ARTICLE 8 - Seller's Liability - Warranties

The Products supplied by the Seller benefit from:

  • the legal guarantee of conformity, for Products that are defective, spoiled, or damaged or do not correspond to the order,

  • the legal guarantee against hidden defects resulting from a material, design, or manufacturing defect affecting the delivered products and rendering them unfit for use,

Provisions relating to legal guarantees

Article L217-4 of the Consumer Code

"The seller is required to deliver a good compliant with the contract and is liable for any lack of conformity existing upon delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when this was charged to him by the contract or was carried out under his responsibility."

Article L217-5 of the Consumer Code

"The good is compliant with the contract:

1° If it is suitable for the use usually expected of a similar good and, where applicable:

  • if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;

  • if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or his representative, particularly in advertising or labeling;

    2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention, and which the latter has accepted."

Article L217-12 of the Consumer Code

"The action resulting from the lack of conformity is prescribed two years from the delivery of the good."

Article 1641 of the Civil Code.

"The seller is bound by the guarantee on account of hidden defects in the thing sold which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them."

Article 1648, paragraph 1 of the Civil Code

"The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect."

Article L217-16 of the Consumer Code.

"When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee that remained to run. This period runs from the buyer's request for intervention or from the provision for repair of the good in question, if this provision is subsequent to the request for intervention."

To assert their rights, the Customer must inform the Seller, in writing (email or mail), of the non-conformity of the Products or the existence of hidden defects from their discovery.

The Seller will refund, replace, or repair Products or parts under warranty deemed non-compliant or defective.

Shipping costs will be reimbursed based on the invoiced rate, and return costs will be reimbursed upon presentation of receipts.

Refunds, replacements, or repairs of Products deemed non-compliant or defective will be made as soon as possible and at the latest within 14 days following the Seller's finding of the lack of conformity or hidden defect. This refund may be made by bank transfer or check.

The Seller's liability cannot be engaged in the following cases:

  • non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to check,

  • in case of misuse, use for professional purposes, negligence, or lack of maintenance by the Customer, as well as in case of normal wear and tear of the Product, accident, or force majeure.

  • The photographs and graphics presented on the site are not contractual and shall not engage the liability of the Seller.

The Seller's guarantee is, in any event, limited to the replacement or refund of non-compliant or defective Products.

ARTICLE 9 - Personal Data

The Customer is informed that the collection of their personal data is necessary for the sale of the Products and their issuance/delivery, entrusted to the Seller. This personal data is collected solely for the execution of the sales contract.

9.1 Collection of personal data

The personal data collected on the www.giovanniparis.fr site are as follows:

Account creation

When creating the Customer/user account:

Names, first names, postal address, telephone number, and e-mail address.

Payment

As part of the payment for Products offered on the www.giovanniparis.fr site, it records financial data relating to the Customer's/user's bank account or credit card.

9.2 Recipients of personal data

Personal data is reserved for the sole use of the Seller and its employees.

9.3 Data Controller

The data controller is the Seller, within the meaning of the Data Protection Act and, as of May 25, 2018, Regulation 2016/679 on the protection of personal data.

9.4 Limitation of processing

Unless the Customer gives their express consent, their personal data is not used for advertising or marketing purposes.

9.5 Data retention period

The Seller will keep the data thus collected for a period of 5 years, covering the statute of limitations for applicable contractual civil liability.

9.6 Security and confidentiality

The Seller implements organizational, technical, software, and physical digital security measures to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment, 2and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.3

9.7 Implementation of Customer and user rights4

In application of the regulations applicable to personal data, Customers and u5sers of the www.giovanniparis.fr site have the following rights:

  • They can update or delete their data as follows:

    By logging into their account, the Buyer has the option to delete their account, if necessary, by contacting us directly by phone or email.

  • They can delete their account by writing to the email address indicated in Article 9.3 "Data Controller"6

     

  • They can exercise their right of access to know the personal data concerning them by writing to the address i7ndicated in Article 9.3 "Data Controller"8

     

  • If the personal data held by the Seller is inaccurate, th9ey can request the information be updated by writing to the address indicated in Article 9.3 "Data Controller"

     

  • They can request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 "Data Controller"

  • They can also request the portability of data held by the Seller to another provider

  • Finally, they can object to the processing of their data by the Seller

These rights, provided they do not oppose the purpose of the processing, can be exercised by sending a request by mail or E-mail to the Data Controller whose contact details are indicated above.

The Data Controller must provide a response within a maximum of one month.

If the Customer's request is refused, the refusal must be justified.

The Customer is informed that in case of refusal, they can file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer to a judicial authority.

The Customer may be invited to check a box under which they agree to receive informational and advertising emails from the Seller. They will always have the option to withdraw their consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

ARTICLE 10 - Intellectual Property

The content of the www.giovanniparis.fr site is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.

ARTICLE 11 - Applicable Law - Language

These GTC and the operations arising from them are governed by and subject to French law.10

These GTC are written in the French language. In the event that they are translated into one or more foreign languages, only the11 French text shall prevail in the event of a dispute.

ARTICLE 12 - Disputes

For any complaint, please contact customer service at the Seller's postal or email address indicated in ARTICLE 1 of these GTC.

The Customer is informed that they may, in any event, resort to conventional mediation, with existing sectoral mediation bodies or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

In this case, the designated mediator is

E-mail: .

The Customer is also informed that they can also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes to which the purchase and sale operations concluded in application of these GTC and which have not been the subject of an amicable settlement between t12he seller or by mediation, will be submitted to the competent courts under the conditions of common law.