GEPARLYS will keep in its computer systems and under reasonable security conditions proof of the transaction including the order form and the invoice. GEPARLYS has been the subject of a designation of a data protection officer under the number DPO-85794 at the CNIL. The data controller, in accordance with European Regulation 2016/679 and Law 78-17 of 6 January 1978, is the company GEPARLYS. In accordance with the provisions of Law 78-17 of 6 January 1978 as amended, the User has the right to access, modify and delete information collected by GEPARLYS. To exercise this right, it will be up to the User to send a message to the following address: firstname.lastname@example.org
1. APPLICATION OF THE GENERAL CONDITIONS OF SALE
1.1. Geparlys addresses and sells the products and services on its website www.geparlys.com (hereinafter, the "Website") only to retail and to the end consumer. Consequently, Geparlys has, unilaterally and without any formality, the right to cancel any order that it considers to be not that of an end customer. For his part and prior to his order, the customer declares: (I) that any purchase he makes on the Website is unrelated to a professional activity or of any kind and is limited to strictly personal use, and (II ) have full legal capacity to enter into a contract, it being specified that otherwise, its legal representatives would assume full responsibility for its order (hereinafter, the “Customer”).
1.2. These General Conditions of Sale constitute the basis of the commercial relations between Geparlys and the Customer, who acknowledge having read them prior to ordering online (hereinafter the “Terms & Conditions”). They apply, without restriction or reservation, to all sales of products and services offered by Geparlys on its Website only. Placing an order for a product or service offered for sale on the Website requires the Customer's full and unreserved acceptance of theTerms & Conditions, to the exclusion of all other documents such as prospectuses, catalogs, issued by Geparlys. and which are only indicative. No particular condition can, except formal and written acceptance of Geparlys, prevail over theTerms & Conditions. Any contrary condition opposed by the Customer will therefore be, in the absence of express acceptance, unenforceable against Geparlys regardless of when it may have been brought to its attention. Acceptance of the T&Cs (Terms and Conditions) requires, without reservation, the Customer's acceptance of the general conditions of use available on the Website which are applicable to the Customer. The Terms and Conditions and Legal Notices of the Website complement each other and form an indivisible contractual framework. The fact that Geparlys does not avail itself at a given time of any of these T&Cs may not be interpreted as a waiver of subsequent availing of any of said conditions.
2. FORMATION OF THE CONTRACT
As long as the Customer has not confirmed his order, he has the option of checking the details of his draft order and of modifying the contents of his basket or of canceling his order. Consequently, from the moment the Customer confirms his order by clicking on the “Confirm your Order” icon (hereinafter, the “Order”), he has validly accepted the content of his order in all its characteristics (products , volumes, price, quantities, delivery) as well as the conditions of its order and the General Terms and Conditions and Legal Notices of the Website. The Customer will therefore no longer be able to cancel or modify his order at this stage, unless he subsequently exercises his right of withdrawal (see §6). The sale will become final once the Customer's Order has been validated by him. This Order will be confirmed by Geparlys by sending an email to the Customer (hereinafter, the "Order Confirmation Email"). This Order Confirmation email will be sent to the email address entered by the Customer at the time of registration and / or at the time of identification prior to placing his Order. In this regard, Geparlys declines all responsibility, and for any reason whatsoever, in the event of an error entering the Customer's e-mail address or of non-receipt of the Order Confirmation E-mail by the latter. . In such a case, the sale will be considered final, except in cases of cancellation reserved for Geparlys. A second e-mail will be sent to the Customer at the same e-mail address when the Order is dispatched. As soon as this second e-mail is sent, Geparlys will be entitled to collect the full price of the Order and the costs attached to it. The Customer is recommended to keep these two e-mails on paper or computer. At any time during the aforementioned phases, Geparlys has the right to suspend or cancel any Order and / or delivery, in the event of partial or total non-payment of any sum that would be due by the Customer, in the event of an incident. payment, or in the event of fraud and / or misappropriation relating to the use or use of the Website, including during previous Orders. Within the same timeframes and conditions, Geparlys may cancel any order if it ever no longer has the product (s) covered by the Order in stock (see §5.); it being specified that in such a case Geparlys will reimburse without delay and at the latest within thirty (30) days following the Order Confirmation email.
The selling price of the products offered on the Website is indicated in euros and are those in force at the time the Customer places the Order. The prices of the products are applicable within the framework of distance selling. The selling prices of the products offered can be modified at any time by Geparlys. Consequently, Geparlys cannot be held to prices other than those at which the product is sold on the Website at the time of confirmation of the Order by the Customer. These prices do not include shipping costs, billed in addition to the price of the products purchased. These shipping costs will be indicated before the Order is registered by the Customer. The prices include the value added tax (VAT) applicable on the day of the Order. Any change in the applicable VAT rate will automatically be reflected in the price of products sold by Geparlys on its Website.
At any time, Geparlys may modify the products offered for sale on its Website, without prejudice to Orders placed by the Customer. Prior to his Order, the Customer can read on the Website, the essential characteristics of the product or products he wishes to order in accordance with the provisions of Article L. 111-1 of the Consumer Code. The products sold on the Website comply with the French legislation in force at the time they are offered for sale. For any question relating to the products, their use, or any additional question, the Customer can contact Geparlys by calling +33 1 47 03 63 36, during the opening hours of the service indicated in the “contact us” section of the Website. or use the following e-mail address: email@example.com
The Customer declares and guarantees Geparlys that he has the necessary authorizations to use the payment method he will have used to place his Order.
3.1. Means of payment.
- Bank cards The methods of payment accepted on the Website are as follows: Visa, Mastercard, American Express and Apple Pay. Bank charges and commissions will be borne without exception by the Customer.
3.1.2 Retention of title
The goods covered by this invoice remain the entire property of GEPARLYS until their full payment, in accordance with articles 2367, 2368 and 2371 of the civil code, as well as article 3 of law number 80-335 of 12 / 05/1980. The transfer of ownership of the goods is subject to full payment of their price.
3.2. Security in payment transactions
In order to ensure the security of payment by bank card, the Customer must send the payment providers the visual cryptogram (CVV) on the back of the bank card used. In addition, Geparlys or its payment providers reserves the right to request a photocopy of the identity card for any payment by bank card and / or any information relating to the identity of the Customer. All bank details entered by the Customer during payment are immediately processed and encrypted with PCI DSS. This implies that no banking information concerning the Customer passes through the Site. Payment by credit card is therefore perfectly secure. Following his Order, the Customer will receive a confirmation e-mail verifying that the registered billing address corresponds to the credit card address. As part of the fight against fraud on the Internet, the information relating to the Order may be transmitted to any third party authorized by law or designated by Geparlys for the sole purpose of verifying the identity of the Customer and the validity of the Order, the method of payment used and the delivery envisaged.
The products ordered by the Customer in accordance with theseTerms & Conditions will be delivered to the address indicated by the Customer as the delivery address on the Order concerned (hereinafter the "Delivery address").
4.1 Colissimo delivery Post tracking
On delivery, the Customer or the recipient of the Order must sign a distribution slip or an acknowledgment of receipt. This acknowledgment of receipt constitutes proof of delivery by Geparlys, and of receipt by the Customer or the recipient of the Order of the products ordered. In case of absence, the Customer or the recipient of the Order receives a delivery notice, allowing him to collect the products ordered at the post office indicated in the delivery notice, for a period of fourteen (14) days. After this period, the package is returned to the sender. In this case, the Customer will be reimbursed for the amount of the Order, delivery costs deducted, by any means, at Geparlys' choice. The Customer will have to reorder if he wishes to receive his package again. No dispute relating to the delivery itself is possible if the package appears to have been delivered, the computer system (flashing) of La Poste as proof.
4.1.2. Delivery delay
Geparlys undertakes to use its best efforts to ensure that the products ordered are delivered within a maximum of seven (7) days of the Order Confirmation Email (except in cases of force majeure provided for by law). This period of seven (7) days following the Order Confirmation E-mail is given for information only and without any guarantee, so that Geparlys cannot be held liable in the event of non- compliance with this deadline. In accordance with the law, in particular article L216-1 of the Consumer Code, Geparlys undertakes, except in cases of force majeure, to deliver no later than thirty (30) days following the Confirmation E-mail. of the order.
4.2 Delivery costs
Delivery costs are to be added to the total price of the order.
4.3. Anomaly, damage, damaged package
4.3.1. General provisions
In the event of an anomaly noted by the Customer relating to the package or to the product (s) ordered, (missing product (s), damaged product (s)), the Customer or the recipient of the Order must strictly and scrupulously follow the procedures described in § 4.3.2. and § 4.3.3. of theTerms & Conditions
. Failure to comply with the appropriate procedure excludes any recourse against the carrier and Geparlys and the Customer may not claim any reimbursement or re-delivery of the products ordered. 4.3.2. Procedures that must be followed when the package is damaged - Colissimo Tracked Delivery:
- In the event of an anomaly observed in the presence of the La Poste employee:
- Refuse the delivery by immediately issuing an anomaly
- Report the refusal to Geparlys
- In the event of an anomaly observed outside the presence of the attendant The post office:
- Report any damage or shortcomings observed and formulate all complaints and reservations with Geparlys;
- The notification of incidents and the formulation of reservations must be made within three (3) working days.
4.3.3. Procedure that must be followed in the event of a missing or damaged product
The Customer or the recipient of the Order must report the absence or deterioration of the product to Geparlys by writing to the following e-mail: firstname.lastname@example.org within three (3) days from receipt of the Order. Geparlys may request any information relating to the identity of the Client or the recipient of the Order and carry out any useful verification on this occasion.
5. OUT OF STOCK
In the event that Geparlys no longer has the products ordered by the Customer in stock, Geparlys will cancel the order and undertake to reimburse the Customer in full.
6. RIGHTS AND TIME LIMITS FOR WITHDRAWAL
6.1. Time limit for exercising the legal right of withdrawal In accordance with Law No. 2014-344 of March 17, 2014 relating to consumption and Articles L221-18 and L221-19 of the Consumer Code, the Customer has a period of fourteen (14) clear days from the the day after receipt of the package containing the products ordered, to exercise the legal right of withdrawal. When the fourteen (14) day period expires on a Saturday, Sunday or a public holiday, it is extended until the next working day.
6.2. Methods of exercising the right of withdrawal The legal right of withdrawal is exercised by the Customer either by post to the following address Geparlys - 422 Rue Saint-Honoré, 75008, Paris, or by email to the following address: email@example.com
6.2.1. General provisions applicable to the various return methods
As part of a withdrawal request, the return shipping costs are the responsibility of the Customer and cannot be reimbursed by Geparlys. All the products delivered must be returned to Geparlys no later than 14 days following the communication of the customer's decision to withdraw in a condition suitable for re-marketing (new product with its original cellophane-free packaging, with instructions and accessories, no opened and in its original condition, as well as all samples in their original and unused condition). The products must also be accompanied by the Order number, shown either on the return slip, sent with the delivered products signed by the Customer or the recipient of the Order, or on any other document. Returns of products returned after the statutory withdrawal period will not be accepted or refunded. Geparlys will not make any reimbursement if the Products returned by the Customer do not correspond to the Product (s) ordered or have an origin other than the Geparlys online sales website. No complaint will be taken into account and no exchange of products ordered on the Geparlys online sales website can be made directly at the Geparlys offices. Regarding services purchased on the Website, the return conditions detailed below can only be applied on the condition that said services have not been used partially or in full by the Buyer.
6.2.2. Special features related to the return of ordered products
In addition to the conditions provided for in Article 6.2.1 of theTerms & Conditions, the Customer or the recipient of the Order who wishes to exercise the legal right of withdrawal, returning a product by package must follow the following instructions: - use the original packaging to return the product (s) concerned; - send the package or mail by registered mail against signature to the following address: Geparlys, 422 rue Saint-Honoré, 75008, Paris. Geparlys will refuse parcels or letters sent postage due. If the Customer / recipient of the Order does not demonstrate that he has effectively deposited the product with a carrier ensuring the return and delivery against signature, any risk related to the return of a product remains the responsibility of the Customer. or the recipient of the Order.
6.3. Exercise of the legal right of withdrawal
As soon as the Customer exercises his right of withdrawal under the conditions provided for in §6 in terms of the deadline and terms for returning the products, the Customer may obtain a refund corresponding to the amount of the returned products, including the delivery costs that he will have paid at the time of his order, in accordance with article L221-24 of the consumer code.
In accordance with Article L. 221-23 paragraph 2 of the Consumer Code, the return costs will remain the responsibility of the Customer except in the event of lack of conformity of the products delivered with the Order. In this case, the return costs will be borne by Geparlys in accordance with Article L. 217-11 of the Consumer Code.
At the end of the legal withdrawal period and at the Customer's express request sent by e-mail or by registered letter with acknowledgment of receipt, the latter may request that Geparlys provide him with the invoice corresponding to the purchases he made on the Website. Geparlys will send the invoice to the Customer by e-mail at the address he will have indicated when registering or the one given during the Order.
7. LIMITATION OF LIABILITY
Geparlys cannot be held liable in the event that the non-performance of its obligations is attributable to a third party, even if it is foreseeable, to the fault of the Customer, or to the occurrence of a case of force majeure. as defined by French jurisdictions or to any other event which has not been reasonably under the exclusive control of Geparlys. The information accessible on the Website is provided "AS IS" without warranty of any kind, whether implicit or explicit, in particular concerning the integrity, accuracy, timeliness, non-infringement, availability. , the reliability or exhaustiveness of the information, products, accessories or services appearing on the Website or their suitability for the use that the Customer intends to make of it. Geparlys cannot be held responsible with regard to items sold on its Website, in particular in the event of non-compliance with their instructions for use. Geparlys cannot be held liable for any damage caused to the Customer or to a third party resulting from such improper use. GEPARLYS DISCLAIMS ANY RESPONSIBILITY FOR DIRECT AND INDIRECT DAMAGES, WHETHER PREDICTABLE OR NOT, CAUSED IN THE USE OF THE WEBSITE AND / OR THE PRODUCTS SOLD. IN THE HYPOTHESIS OR THE LIABILITY OF GEPARLYS SHOULD BE ESTABLISHED AND RETAINED DUE TO DAMAGE SUFFERED BY THE CUSTOMER AND ACCOUNTABLE EXCLUSIVELY TO THE PLACING OF AN ORDER, THIS IS LIMITED TO THE AMOUNT OF THE ORDER PAID BY THE CUSTOMER A GEPARLYS
8. INTELLECTUAL PROPERTY RIGHTS
The Geparlys brand, as well as all trademarks, whether figurative or not, and that all illustrations, images and logos and any content appearing on the Website are and will remain the exclusive property of Geparlys or the holder of the intellectual property rights concerned. Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, or any other content of the Website for any reason and on any medium whatsoever, without the express, prior written consent of Geparlys or the holder of the Intellectual property rights concerned is strictly prohibited. The same applies to all copyrights, designs and models, patents appearing and / or used on the Website.
9. INFORMATION TECHNOLOGY AND FREEDOMS
The automated processing of personal data set up by Geparlys for the needs of its activity is subject to compliance with Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data. personal data and the free movement of such data ("RGPD"), but also to the provisions in force of the Data Protection Act n°78-17 of January 6, 1978, in particular Articles 81 et following. The Customer is invited to refer to the legal notices of the Geparlys online sales website for any information on his rights, on the collection and management of his personal data.
Geparlys reserves the right to modify and update theTerms & Conditions without notice. To be informed of these possible modifications, Geparlys advises the Customer to read the General Terms and Conditions of Sale and the Legal Notices of the Website regularly. The Order will be subject to theTerms & Conditions in force at the time of the Order.
If one or more stipulations of the Terms & Conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and their scope.
12. RETENTION OF OWNERSHIP CLAUSE
Geparlys retains ownership of the goods made available until full and effective payment of all products sold.
13. APPLICABLE LAW
SALES OF PRODUCTS FROM THE GEPARLYS COMPANY ARE SUBJECT TO FRENCH LAW WHATEVER THE CUSTOMER'S COUNTRY OF RESIDENCE AND THE PLACE OF PLACING THE ORDER OR STILL THAT OF DELIVERY.
The GTCS apply throughout the duration of the online publication of the products offered by Geparlys until the end of the legal warranty periods. For any information, you can contact Geparlys on +33147036336 during the service opening hours indicated in the "Contact us" section of the Website. For any questions relating to the follow-up of your order or a return, you can contact us on +33147036336, during the service opening hours indicated in the "Contact us" section of the Website.