GENERAL TERMS AND CONDITIONS OF SALE - INTERNET
In force on 01/03/2019
ARTICLE 1 - Scope of application
These general conditions of sale ("GTC") apply, without restriction or reservation to all sales concluded by the seller to non-professional buyers ("customers or customer"), wishing to acquire the products offered at the sale ("the products") by the seller on the website www.giovanniparis.fr. The products offered for sale on the site are as follows:
● Ready-to-wear clothing for women and men in leather, furs and other textile materials.
The main features of the products and in particular the specifications, illustrations and indications of dimensions or capacity of the products, are presented on the website www.giovanniparis.fr what the customer is required to read before to command.
The choice and purchase of a product is the sole responsibility of the customer.
Product offerings are within the limits of available stocks, as specified when placing the order.
These GTC are accessible at any time on the website www.giovanniparis.fr and will prevail on any other document.
The customer declares to have read and accepted these GTC by ticking the box provided for this purpose before the implementation of the online ordering procedure of the site www.giovanniparis.fr.
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:
Share capital of 15244.90 € euros
Registered with the Paris RCS, under number 429 811 094
25 Notre Dame de Nazareth Street
e-mail : email@example.com
phone : + 33 (0) 1 42 74 08 57
Intra-Community VAT number FR72 429 811 094
The products presented on the site www.giovanniparis.fr are offered for sale for the following Territories:
Continental Europe, America and Asia.
In case of order to a country other than metropolitan France, the customer is the importer of the product or products concerned.
For all products shipped outside the European Union and DOM-TOM, the price will be calculated without taxes automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be charged and are the sole responsibility of the customer.
ARTICLE 2 - Price
The products are provided at the rates in force appearing on the website www.giovanniparis.fr, when the order is registered by the seller.
Prices are expressed in euros, HT and TTC.
The rates take into account any reductions that would be granted by the seller on the website www.giovanniparis.fr.
These tariffs are firm and non-revisable during their period of validity, but the seller reserves the right, out of validity period, to modify the prices at any time.
Prices do not include the costs of processing, shipping, transport and delivery, which are charged in addition, under the conditions indicated on the site and calculated prior to the placing of the order.
The payment requested to the customer corresponds to the total amount of the purchase, including these costs.
An invoice is drawn up by the seller and delivered to the customer upon delivery of the ordered products.
ARTICLE 3 – Orders
It is the customer's responsibility to select on the www.giovanniparis.fr website the products he wishes to order, in the following ways:
The buyer creates his account or connects if the latter already exists.
· The buyer will place his order online after consulting the catalogue which is at his disposal.
· In order for the order to be validated, the purchaser must accept these terms and conditions by clicking at the location indicated on the site. It will also have to choose the address and delivery method, billing address, validate 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 formalise in a firm and definitive way the contract of sale that binds you to Giovanni Paris
· Any order is worth accepting the prices and descriptions of the goods available for sale.
· In case of unavailability of the goods, the buyer will be informed as soon as possible and will also be able to cancel his order. The purchaser will then have the choice to request either the reimbursement of the sums paid within 30 days of their payment or the exchange of the product.
· For questions relating to the follow-up of an order, the purchaser must call the 01.42.74.08.57 (Monday to Friday from 10am to 6pm, 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 be considered valid only after full payment of the price. It is the customer's responsibility to check the accuracy of the order and to immediately report any errors.
Any order placed on the site www.giovanniparis.fr constitutes the formation of a contract concluded remotely 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 an earlier order.
The customer will be able to follow the evolution of his order on the site.
Any cancellation of the order by the customer will be possible only before the delivery of the products (irrespective of the provisions relating to the application or not of the right of withdrawal legal).
ARTICLE 3 bis - Customer area - Account
In order to place an order, the customer is asked to create an account (personal space).
To do so, he must register by filling out the form that will be proposed to him at the time of his order and undertakes to provide sincere and accurate information regarding his marital status and contact details, including his email address.
The customer is responsible for updating the information provided. It is specified that they can change them by logging into their account.
To access its personal space and order histories, the customer must identify himself using his username and password which will be communicated to him after his registration and which are strictly personal. As such, the client prohibits any disclosure. Otherwise, he or she will remain solely responsible for the use that is made of it.
The client may also request his unsubscribe by visiting the dedicated page on his personal space or sending an email to: firstname.lastname@example.org. This will be effective within a reasonable period of time.
In the event of non-compliance with the General conditions of sale and/or use, the site www.giovanniparis.fr will have the possibility to suspend or even to close the account of a customer after a formal notice sent by electronic means and remained without effect .
Any deletion of account, whatever the motive, causes the pure and simple deletion of all personal information of the customer.
Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in the event of maintenance, does not incur the responsibility of the seller.
The creation of the account leads to the acceptance of these general terms and conditions of sale.
ARTICLE 4 - Payment terms
The price is paid by secure payment, according to the following terms and conditions:
● payment by credit card
● or payment by bank transfer to the bank account of the seller (whose contact details are communicated to the customer when placing the order)
For payment by credit card, the debit of the card is made only at the time of dispatch of the order.
The payment data is exchanged in encrypted mode thanks to the protocol defined by the authorised payment provider intervening for the banking transactions carried out on the website www.giovanniparis.fr.
Payments made by the customer shall be considered definitive only after the seller has actually cashed in the sums owed.
The seller will not be obliged to proceed to the issue of the products ordered by the customer if he does not pay the price in full in the above-mentioned conditions.
ARTICLE 5 - Deliveries
The products ordered by the customer will be delivered in metropolitan France or in the following areas:
Europe, Asia, America.
Deliveries take place within 2 days at the address indicated by the customer when ordering on the site.
The delivery consists of the transfer to the customer of the physical possession or control of the product. Except in particular cases or unavailability of one or more products, the products ordered will be delivered at one time.
The seller undertakes to make best efforts to deliver the products ordered by the customer within the specified deadlines. However, these deadlines are communicated as an indication.
If the products ordered have not been delivered within 30 days after the indicative date of delivery, for any other cause than the force majeure or the fact of the customer, the sale may be resolved at the written request of the customer under the conditions stipulated in the Artic l 216-2, L 216-3 and L241-4 of the consumer code. The sums paid by the client will then be returned to him at the latest within fourteen days after the date of termination of the contract, excluding any compensation or deduction.
Deliveries are carried out by an independent carrier, at the address mentioned by the customer during the order and to which the carrier can easily access.
When the customer has entrusted himself with the use of a carrier which he chooses himself, the delivery shall be deemed to have been made upon delivery of the products ordered by the seller to the carrier which has accepted them without reservation. The customer therefore acknowledges that it is the carrier's responsibility to carry out the delivery and does not have any recourse in warranty against the seller in the event of failure to deliver the goods transported.
In case of special request from the customer concerning the conditions of packaging or transport of the ordered products, duly accepted in writing by the seller, the costs linked thereto will be the subject of a specific additional billing, on quotation previously accepted in writing by the client.
The customer is obliged to check the condition of the delivered products. It has a period of 14 days from delivery to make complaints by mail, e-mail or telephone., accompanied by all supporting documents (photos in particular). After this period and failing to comply with these formalities, the products will be deemed to be compliant and free from any apparent defect and no claims can be validly accepted by the seller.
The seller will reimburse or replace as soon as possible and at its own expense, the delivered products whose defects in conformity or the apparent or hidden defects have been duly proved by the customer, under the conditions laid down in articles L 217-4 and following of the Consumer code and those provided for in these GTC.
The transfer of the risks of loss and deterioration related thereto will only be realized at the time when the customer will take physical possession of the products. The products therefore travel at the risk and peril of the seller except when the customer has chosen the carrier himself. As such, the risks are transferred at the time of handing over the property to the carrier.
ARTICLE 6 - Transfer of ownership
The transfer of ownership of the products of the seller to the customer will be realised only after complete payment of the price by the latter, irrespective of the date of delivery 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 his right of withdrawal from a contract concluded remotely, following a canvassing telephone or off-site, without having to justify its decision or to bear any costs other than those provided for in articles L. 221-23 to L. 221-25.
The time limit referred to in the first subparagraph shall be from the day:
1 ° the conclusion of the contract, for the contracts for the provision of services and those referred to in article L. 221-4;
2 ° the receipt of the property by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For contracts concluded outside the establishment, the consumer may exercise his right of withdrawal from the conclusion of the contract.
In the case of an order relating to several goods delivered separately or in the case of an order of a property composed of lots or multiple parts whose delivery is staggered over a specified period, the time limit shall be from the receipt of the last good or the batch or the last part.
For contracts providing for the regular delivery of goods for a specified period, the time limit shall start from the receipt of the first property. »
The right of withdrawal may be exercised online, using the enclosed withdrawal form and also available on the website or any other statement, without ambiguity, expressing the willingness to withdraw and in particular by postal mail addressed to the seller at the postal or mail coordinates indicated in ARTICLE 1 of the GTC.
Returns are to be carried out in their original condition and complete (packaging, accessories, instructions...) allowing their remarketing in the new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products are not returned.
The cost of return remaining at the expense of the customer.
The Exchange (subject to availability) or reimbursement will be made within 14 days of receipt by the seller of the products returned by the customer under the conditions laid down in this article.
ARTICLE 8 - Seller's liability - Warranties
The products provided by the seller benefit:
● of the legal guarantee of conformity, for defective products, damaged or damaged or not corresponding to the order,
● the legal guarantee against latent defects arising from a defect in material, design or workmanship affecting the products delivered and making them unfit for use,
Provisions on legal safeguards
Article L217-4 of the consumer code
"The seller is obliged to deliver a good in accordance with the contract and complies with the defects of conformity existing at the time of issue. It also responds to defects in conformity resulting from the packaging, assembly instructions or installation when it has been put to its charge by the contract or has been carried out under its responsibility. »
Article L217-5 of the consumer code
"The property complies with the contract:
1 ° if it is specific to the usual expected use of a similar good and, where applicable:
· If it corresponds to the description given by the seller and possesses the qualities which he has presented to the purchaser in the form of a sample or a model;
· If it presents the qualities that a purchaser can legitimately expect in relation to the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2 ° or if it presents the characteristics defined by common agreement by the parties or is specific to any special use sought by the purchaser, brought to the knowledge of the seller and which the latter has accepted. »
Article L217-12 of the consumer code
"The action resulting from the lack of conformity is prescribed by two years from the issuance of the property."
Article 1641 of the civil code.
"The seller shall be liable for the hidden defects of the sold thing which make it unfit for the intended use, or which so diminish such use, that the purchaser would not have acquired it, or would have given only a lesser price, if he had Known. »
Article 1648 (1) of the civil code
' The action resulting from the latent defects must be brought by the purchaser within two years from the discovery of the defect. '
Article L217-16 of the consumer code.
"Where the purchaser requests the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a restoration covered by the guarantee, any period of immobilization of at least seven days comesbe added to the remaining warranty period. This period runs from the request for intervention of the purchaser or the provision for repair of the property in question, if this provision is after the request for intervention. »
In order to assert its rights, the customer must inform the seller, in writing (mail or mail), of the non-conformity of the products or the existence of latent defects from their discovery.
Seller will reimburse, replace or repair any products or parts under warranty deemed to be non-compliant or defective.
The shipping costs will be refunded on the basis of the invoiced price and the return costs will be refunded upon presentation of the receipts.
Refunds, replacements or repairs to products deemed to be non-conforming or defective shall be made as soon as possible and no later than 14 days following the seller's finding of the defect in conformity or the hidden Vice. This reimbursement can be made by bank transfer or cheque.
The seller's liability shall not be incurred in the following cases:
● non- compliance with the legislation of the country in which the products are delivered, which it is for the customer to check,
● in case of misuse, use for professional purposes, negligence or lack of maintenance on the part of the customer, as in case of normal wear of the product, accident or force majeure.
● The photographs and graphics presented on the site are not contractual and cannot incur the responsibility of the seller.
The seller's warranty is, in any event, limited to the replacement or reimbursement of products that do not conform or are affected by a defect.
ARTICLE 9 - Personal data
The customer is informed that the collection of his personal data is necessary for the sale of the products and for their issuance/delivery, entrusted to the seller. This personal data is collected only for the execution of the sales contract.
9.1 Collection of personal data
The personal data collected on the www.giovanniparis.fr website are as follows:
When creating the customer/user account:
Name, surname, mailing address, phone number and email address.
As part of the payment of the products offered on the website www.giovanniparis.fr, the latter records financial data relating to the bank account or the credit card of the client/user.
9.2 Recipients of personal data
Personal data are reserved for the sole use of the seller and its employees.
9.3 Processing Manager
The data controller is the seller, within the meaning of the information technology and freedoms Act and from 25 may 2018 of regulation 2016/679 on the protection of personal data.
9.4 Limitation of the treatment
Unless the customer expresses his express consent, his personal data are not used for advertising or marketing purposes.
9.5 Duration of data retention
The seller shall retain the data thus collected for a period of 5 years, covering the time of the applicable contractual civil liability requirement.
9.6 Security and confidentiality
The seller implements organisational, technical, software and physical measures in the field of digital security to protect personal data against tampering, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the seller cannot guarantee the security of the transmission or storage of information on the Internet.
9.7 Implementation of client and user rights
Pursuant to the regulations applicable to personal data, customers and users of the www.giovanniparis.fr website have the following rights:
● They can update or delete the data that concerns them in the following way:
By logging into his account, the buyer has the option to delete his account, if necessary, by contacting directly by phone or by mail.
● They may delete their account by writing to the email address indicated in section 9.3 "processing Manager"
● They may exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 "responsible for processing"
● If the personal data held by the seller is inaccurate, they may request the updating of information by writing to the address indicated in article 9.3 "processing Manager"
● They may request the deletion of their personal data, in accordance with applicable data protection laws by writing to the address indicated in section 9.3 "controller"
● They may also request the portability of the data held by the seller to another provider
● Finally, they may oppose the processing of their data by the seller
These rights, if they do not oppose the purpose of the treatment, can be exercised by sending a request by mail or by E-mail to the controller whose contact details are indicated above.
The controller must provide a response within a maximum period of one month.
In the event of refusal to claim the customer's request, the client must be motivated.
The client is informed that in case of refusal, he may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or seize a judicial authority.
The customer may be prompted to check a box under which he agrees to receive informational and advertising mails from the seller. He will always be able to withdraw his agreement at any time by contacting the seller (contact details above) or by following the unsubscribe link.
ARTICLE 10 - Intellectual property
The content of the site www.giovanniparis.fr 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 forbidden and is likely to constitute a crime of counterfeiting.
ARTICLE 11 - Applicable law - Language
These GTC and the resulting transactions are governed by and subject to French law.
These GTC are written in the French language. If they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.
ARTICLE 12 - Litigation
For any claim please contact customer service at the seller's mailing or mail address indicated in section 1 of these GTC.
The client is informed that it may in any event resort to conventional mediation, to existing sectoral mediation bodies or to any alternative dispute resolution procedure (e.g. conciliation) in the event of a dispute.
In this case, the designated mediator is
E-mail address :.
The customer is also informed that he may also use the online dispute resolution platform (RLL): https://WebGate.EC.europa.EU/ODR/main/index.cfm?event=main.home.show
All disputes to which the purchase and sale transactions concluded pursuant to these GTC and which have not been amicably settled between the seller or by mediation, shall be submitted to the competent courts under the conditions of law common.
Date ______________________________ * * * * * * *
This form must be completed and returned only if the customer wishes to withdraw from the order placed on www.giovanniparis.fr except exclusions or limits to the exercise of the right of withdrawal according to the General conditions of sale Applicable.
For the attention of
25 Notre Dame de Nazareth Street
75003 Paris, FRANCE
I hereby notify the withdrawal of the contract relating to the property below:
-Order of (specify date)
Signature of the customer (only in case of notification of this form on paper)