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GOOSSENS GENERAL TERMS AND CONDITIONS OF SALE

Article 1 – Purpose and scope of application

 

These General Terms and Conditions of sale (hereinafter, the “GTCS”) govern without restriction the sale by Goossens Paris, which is the owner of the trademark Goossens (hereinafter, the “Vendor”) of items under the Goossens trademark (hereinafter, the “Items”) offered for sale on the site www.goossens-paris.com (hereinafter, the “Site”).
 
dor delivers the Items throughout the euro zone (Germany, Austria, Belgium, Cyprus, Spain, Estonia, Finland, continental France (including Corsica), Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Slovakia, Slovenia, Andorra, Monaco) and to the United Kingdom (hereinafter the “Territory”).
 
Items may exclusively be purchased from the Site by non-professional consumers, not for business purposes, who are adults, with full legal capacity (hereinafter referred to as the “Customer”). Sales are carried out on a retail basis for strictly personal use. As a consequence of this, the Items can not under any circumstances be resold as new by the Customer via commercial channels for the sale of unused items. The Vendor reserves the right to limit the quantity of Items purchased by a single Customer if such quantity seems incompatible with personal use.
 
The placing of an order for Items on the Site implies acceptance of the Customer, with no restriction or reservation, of all the provisions of the GTCS stated on the Site at the time of the order. The GTCS may be amended at any time by the Vendor, and the applicable GTCS are those in effect on the Site to which the Customer agrees when he/she places the order, as defined below.
 
If a Customer does not wish the commercial relationship to be governed by the new version of the GTCS that apply to any new order, he/she should discontinue use of the services available on the Site as soon as the new version of the GTCS takes effect.
 
These GTCS may be saved and/or printed, and are accessible on all pages of the Site. They are available in both French and English.

 
Article 2 – The order process

 
To place an order for an Item, the Customer should select the Item concerned on the Site and add it to his/her shopping basket by clicking on the “Order” button. The Customer may then continue to purchase Items by clicking on the “Back” button. At any time, the Customer may change or remove Items selected on the ‘view shopping basket’ page, by clicking on the “Basket” icon displayed at the top right on each of the Site’s pages.
 
Once the Customer has completed the selection process, he/she is invited to check the content of his/her shopping basket by clicking on the “Basket” icon. This provides an opportunity to correct any errors in input concerning in particular the nature of the Items, by clicking on “Change” or “Remove” Buttons. Having checked the details of his/her Order, the Customer must definitively validate it by clicking on “Confirm.”
 
The Customer is informed that all the Items selected in his/her shopping basket, shall remain available for sale to other purchasers until the relevant order has been definitely validated, and that the Vendor gives no guarantee that the price in effect on the date of selection without validation shall be maintained: the applicable price shall be the one in effect when the Customer validates his/her order.
 
After validating the basket by clicking on “Confirm,” the Customer must choose among three options:

  • – To place an order as a guest (without creating a customer account);
  • – To log in with his user name and password (hereinafter, the “Secure Access Codes”) in order to place an order using his/her customer account;
  • – To place an order by creating a customer account.

The customer account will provide access to the My Account personal area, where among other functions, order progress may be monitored and invoices consulted.
 
The Vendor shall not be held liable for the inaccuracy of any information provided by the Customer.
 
The Customer shall be responsible at all times for maintaining the security of his/her Secure Access Codes. Therefore, any purchase carried out using the Customer’s Secure Access Codes will be deemed to have been made by that Customer as the owner of these identifying credentials. Should the Customer lose or forget his/her Secure Access Code, he/she may ask to be resent them by clicking on “Forgotten password” in the “My account” section (accessible by clicking on the button at top left). The relevant Secure Access Codes will then be sent by email at the address the Customer provided when he/she registered on the Site.
 
To finalise his order, the Customer must:
– confirm his delivery address and invoicing address, or provide a new delivery address for the Territory and/or invoicing address,

– read through these GTCS and explicitly accept them by ticking the “I have read and I accept the general terms and conditions of sale” box before paying for the order.

to the Customer is then invited to pay the amount of his order by clicking on the “Pay” button, and so enabling access to secure payment for it.
 
The sale shall only be considered as definitive after the Vendor sends the Customer confirmation of acceptance of the order by email and cashes the amount due upon dispatch of the Item, the Client formally agreeing to an email being used by the Vendor to confirm the content of the order.
 
The Customer may follow the progress of his/her order on the Site and may contact the Vendor’s customer service (hereinafter, “Customer Service”) by telephone at the number indicated in the “Contact” section or by email at contact@goossens-paris.fr.
 
The Vendor reserves the right to refuse to fulfil a Customer’s order in circumstances in which the order appears to be abnormal, abusive or contrary to the provisions of the General Terms and Conditions of Sale.

 
 
Article 3 – Information about the Items
 
3.1. – 3.1. – Characteristics of the Items
 

The greatest attention is devoted by the Vendor to the characteristics, descriptions, colours, photographs and representations of the Items on the Site. The Items are presented as accurately as possible (with regard to specifications, illustrations, size, composition, etc.).
However, the information thus provided may not be deemed contractual, and the Vendor shall not be held liable in the event of errors or minor variations in the presentation of the Items or any differences in perception that may arise therefrom.
 
The Customer is invited to consult the description provided of each Item so as to find out the properties and special features, particularly with regard to the features and the size sought, as the process of choosing and purchasing an Item shall be the sole responsibility of the Customer. The Customer may also contact Customer Service at any time by email at contact@goossens-paris.fr or by telephone at the number provided in the “Contact” section.

 

3.2. – Availability of Items
 

The Items presented on the Site are offered for sale within the limits of available stocks. If an Item is out of stock despite the Vendor’s best efforts, the Vendor shall be responsible for notifying the Customers on the Site and/or immediately, by any appropriate means of communication (a telephone call or an email) in the course of an order. If an Item is not available after an order has been confirmed, the Vendor may offer the Customer another Item of an equivalent quality and price. The delivery costs of the equivalent Item shall be borne by the Vendor.
 
The Customer will be free to refuse the equivalent Item proposed by the Vendor. The Customer will then receive a refund of the price paid for the order within a maximum of fourteen (14) calendar days following termination of the contract.
 
The Vendor shall not be held liable if Items are out of stock or they become unavailable.
 

Article 4 – Prices and Payment Terms
 
4.1. – Prices
 

The prices of the Items are given in euro, inclusive of all taxes.
 
They do not include delivery costs, which are invoiced to the Customer according to the place of delivery, as indicated to the Customer prior to the validation of the order.
 
The Vendor reserves the right to alter its prices at any time without prior notice. However, the Items will be invoiced to the Customer on the basis of the prices in effect on the Site at the time the Customer placed the order and the Vendor shall not be able to change them once the order has been validated.
 

4.2. – Payment terms and methods
 

The total amount owed by the Customer is displayed before definitive validation of the order takes place on the Site.
 
The accepted means of payment on the Site are Carte Bleue, Visa, Mastercard and American Express cards. To make a payment, the Customer must fill out information pertaining to the payment card, including the name of the card’s holder, the card’s number, its expiry date and its security number. Payment is processed using the Adyen secure payment solution.
 
Payment will be deemed approved after confirmation of the payment agreement by the issuing agency. If payment is rejected by the bank, the order will be automatically cancelled and the Vendor will then be released from all obligation and liability towards the Customer.
 

Article 5 – Delivery – Transfer of risks
 
5.1. – Delivery procedures
 

The Vendor only delivers the Items within the Territory. Deliveries are made exclusively by FEDEX within France and FedEx in the rest of the Territory.
 
The Customer will receive delivery of the Items, at the address indicated by the latter when placing the order on the Site, within thirty (30) days at most after encashment by the Vendor of the payment due by them. No Deliveries will be made to post office boxes.
 
The Customer will bear any consequences (e.g., delays in delivery, failure to deliver, additional delivery costs) that may result from inaccuracies or gaps in the information provided by the Customer for the purpose of delivery.
 
The delivery conditions, prices and schedules of delivery may be consulted by clicking on the “Delivery” link.
 
When the order is sent, the Customer will receive an email announcing this. The Customer may follow the progress made with regard to the delivery of his/her order using the package reference number supplied by the Vendor.
 
If the Customer is not present when delivery is made, the carrier will leave a delivery notice informing him of the procedure and time limit applicable for collection of the package; thus the delivery shall be deemed carried out by the Vendor, who shall as a consequence be released from any obligation and liability toward the Customer.
 

5.2. – Delays in delivery
 

In the event of a failure to deliver or of a delay in delivery, the Customer shall be required to send as promptly as possible an email to the Vendor at the address contact@goossens-paris.fr or to contact Customer Service at the number provided in the “Contact” section. If necessary, the Vendor will contact the so that inquiries may be made.
 
If the delivery time is exceeded, and is not justified by an event of force majeure as defined by French law or not due to a strike arising for any reason, the Customer will be entitled to request cancellation of the sale by contacting Customer Service by email at the address contact@goossens-paris.fr or at the number provided in the “Contact” section. The Customer will then receive a refund of the price paid for the order within a maximum of fourteen (14) calendar days following cancellation of the contract. Except under special circumstances, or in the event of non-availability of one or more Items, the Items ordered shall be delivered in one consignment. Deliveries are carried out by an independent carrier.
 

5.3. – Acceptance of the Items
 

Transfer of risks to the Customer occurs once the Customer or any other authorised recipient signs on the delivery note, meaning that the Items ordered have been checked and accepted.
 
Therefore, it is the Customer’s responsibility to verify the number and condition of the Items at the time they are delivered by the carrier. If the order received is visibly damaged or does not correspond to the order, the Customer must refuse the Items, after providing the carrier with a sufficiently detailed written notice of the customary reservations.
 
Any anomaly concerning the delivery of the Items must be reported to the Vendor by email at contact@goossens-paris.fr or at the number provided in the “Contact” section within a maximum of five (5) business days from delivery of the package.
 
Beyond that deadline unless these formalities have been complied with, the Items will be deemed exempt from any apparent defect, and no claim in this respect may be validly accepted by the Vendor, notwithstanding the provisions of Article 7 (“Warranty”).
 
Claims relating to apparent defects of the Items will only be accepted if they are made in accordance with procedure outlined above and with all the supporting documentation relating thereto. Customer Service will oversee the Customer’s claim, informing him/her of the information required to enable a response as satisfactory as possible to be provided to his/her claim what statements need to be made to best fulfil his application (for instance, Client Service may ask Customer to send photographs of the apparent defects) and will organize the return of the defective Items at its own expense.
 
If the Customer refuses or returns an Item on the basis of an error in the delivery operation or or of the non-compliance of an Item under the conditions stated above, the Vendor, at its discretion, shall either provide a refund of the amount paid for the corresponding Item(s) within fourteen (14) days, or re-send the missing Item(s).
 
In any case, these provisions do not deprive the Customer of the right to cancel, as specified in Article 6, below.
 

Article 6 – Right of withdrawal
 

The Customer has fourteen (14) clear days to exercise his right to cancel, starting as from the date of acceptance of the Items. He may exercise this right by:

  • – logging on to his Customer account on the Site and going to the area reserved for this purpose entitled “Product Return”;
  • – filling out a clearly worded declaration, expressing his wish to cancel (the postmark providing evidence of the sending date) on a sheet of paper, or by filling out the cancellation form, a template for which is attached in Appendix 1 of these GTCS, and sending the declaration or form either by email to contact@goossens-paris.fr or by regular mail to the following address: Goossens Paris, 10 rue du cheval blanc, 93500 PANTIN, FRANCE.

The Customer will then have fourteen (14) clear days to send back the Items, starting from the date on which he provided notice of his decision to withdraw.
 

The Items must be returned in their entirety, with their original packaging, and the labels still attached and intact, and must be accompanied by the delivery note available in the package in which the Items were sent, to the following address: Goossens Paris, 10 rue du cheval blanc, 93500 PANTIN, FRANCE.
 

The Customer shall incur all the costs and risks associated with returning the Items. The Items cannot be returned to a Goossens store nor to a retail outlet selling the Goossens items. The Vendor will not make refund for Items returned by the Customer if they do not correspond to the Items ordered or if they have an origin other than the Site.
 

The Customer may incur liability in the event of an Item suffering damage as a result of handling other than what is necessary to try on the Item in a manner that would be permitted where he or she in a store, and in particular by wearing the Item. Therefore, the Customer must try out the Item with all the necessary care, and in particular, must retain in place the interior protective film designed for this purpose.
 

Upon receipt of the Items at the address supplied above, if the above-mentioned conditions have been fulfilled, the Vendor shall acknowledge receipt of the Customer’s request by email and then refund the amount paid for the relevant Items within a maximum of fourteen (14) days after (i) the return of the Items, or (ii) the date on which the Customer provided proof that the Items had been sent (the applicable date being the first of the above occurrences), while the rest of the order remains firm and final. Proof that the Items had been sent must be interpreted as any means making it possible to prove without any possible dispute that the Items were sent to the Vendor.
 

Upon receipt of the Items at the address supplied above, if the above-mentioned conditions have been fulfilled, the Vendor shall acknowledge receipt of the Customer’s request by email and then refund the amount paid for the relevant Items within a maximum of fourteen (14) days after (i) the return of the Items, or (ii) the date on which the Customer provided proof that the Items had been sent (the applicable date being the first of the above occurrences), while the rest of the order remains firm and final. Proof that the Items had been sent must be interpreted as any means making it possible to prove without any possible dispute that the Items were sent to the Vendor.
 

Refund shall be carried out using the same means of payment as the one used by the Customer for his/her original payment, or, by agreement with the Customer, using any other means of payment, at no extra costs for the Customer (bank transfer).
 

If the Items are returned after the deadline set (i.e. exceeding fourteen (14) days as from the decision to withdraw as evidenced by the postmark), or if the above-mentioned conditions are not met, the Vendor will be entitled to refuse to refund the Customer. In the event of such a refusal, the Items may be returned to the Customer, at his/her expense, if this is requested within two (2) months as from the date of his request.
 

Article 7 – Guarantees
 
7.1. – Quality of the Items
 

The Vendor warrants that the Items comply with the applicable standards and regulations in force with regard to quality, traceability, consumer security and protection, and to composition, labelling and marking.
 

7.2. – Statutory Guarantee
 

The Vendor is required to fulfil the statutory guarantee of conformity and that relating to defects in the sold item.
 

As indicated in Article 5.3 of the GTCS, the Customer is invited to check the conformity of the Items received in fulfilment of his/her order and, if there a defect is found, to contact Customer Service by email at contact@goossens-paris.fr or at the telephone number provided in the “Contact” section; Customer Service will the oversee the claim, informing the Customer of the procedures for returning the Item and then for its replacement of or provision of a refund.

The Customer is informed that the guarantor of the defects in the sold item is Goossens, whose registered office is at 10 rue du cheval blanc, 93500 Pantin, France.
 
Where it is a matter of statutory guarantee of conformity, the Customer:

– Where it is a matter of statutory guarantee of conformity, the Customer:;

– Is able to choose between having the product repaired or replaced, subject to the cost conditions set forth in Article L. 217-9 of the French Consumer Protection Code (“code de la consommation”);

-Is exempted from providing proof of the existence of the lack of conformity of the product for twenty-four (24) months after delivery of the product, except for second-hand products.

– Is exempted from providing proof of the existence of the lack of conformity of the product for twenty-four (24) months after delivery of the product, except for second-hand products.
The Customer may decide to implement the warranty against hidden defects of the sold product as defined in Article 1641 of the Civil Code and under the conditions set forth in Articles 1641 to 1648 and 2232 of the Civil Code.
In that case, the Customer may choose between termination of the sale or a reduction in the sale price, in accordance with Article 1644 of the Civil Code.

 

Article L217-4 of the consumer code:

“The vendor is required to deliver an item that complies with the provisions of the contract and is answerable for any non-compliance at the time of the delivery. The vendor is also answerable for any non-compliance that arises from the packaging and the instructions for assembly or installation if the vendor’s is required to provide such a service, or to supervise its provision, under the terms of the contract.”
 
Article L217-5 of the consumer code:

“In order to be compliant with the provisions of the contract, the item must:

1 – be suitable for the purpose generally expected for an item of this kind and, if applicable:

– correspond to the description provided by the vendor and possess the qualities presented by the vendor to the purchaser by means of a sample or a model;

– present the qualities that a purchaser may legitimately expect, given the public declarations made by the vendor, the manufacturer, or its representative, in particular in advertising material and labelling ;

2 – or else present the characteristics defined by joint agreement between the parties or be suitable for any particular use intended for it by the purchaser, brought to the attention of the vendor and accepted by it. ”
 
Article L217-12 of the consumer code:

“Any legal action arising from non-compliance must be taken within two years of delivery of the item.”

Article L217-16 of the consumer code:

” When the buyer asks the Vendor, during the course of the commercial guarantee which was granted to him during the acquisition or the repair of a piece of movable property, a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the warranty that remained to run.

This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.”

 
Article 1641 of the civil code:

‘ The vendor is bound by the guarantee relating to latent defects in the item sold that render it unsuitable for the use intended for it, or that restrict the use to such an extent that the purchaser would not have acquired it, or would only have acquired it at a lesser price, had it been aware of said defects. ’
 
Article 1648 paragraph 1 of the civil code:

‘Any legal action arising from insurmountable defects must be instigated by the purchaser within two years of discovery of the defect concerned.’

 

If replacement of the Item is impossible or cannot be implemented within one (1) month of receipt of the corresponding Item by the Vendor, the Customer will then have the possibility of returning the Item and requesting a refund of the price paid for it, or keeping the Item and being refunded of a proportion of the price.
 

The guarantee is not applicable in the case of damage resulting from an external cause (e.g., accident, impact, etc.) or due to a fault by the Customer resulting from deployment or use that was not compliant with and/or unsuited for the characteristics of the Item.
 

Similarly, the guarantee is not applicable if the Items have a source other than the Site; the Vendor is not bound by the obligations described in Article 7.2, above.
 

Article 8 – Personal data
 

The Customer is informed that the information relating to his order is processed automatically, in accordance with the principles stated in the privacy policy provided on the Site.
 

The Vendor undertakes to comply with the confidentiality of the personal data supplied by the Customer on the Site and to process them in compliance with the provisions of French Law no 78-17 of 6 January 1978 pertaining to data processing, databases and freedoms, referred to as the “Loi Informatique et Libertés” (or “data processing and freedoms law”), as amended by the law of 6 August 2004.
 
Article 9 – The Vendor’s liability with regard to the Site
 

The Vendor shall not incur any liability in any way if, through occurrences of force majeure, of events outside its control or of demonstrated necessity, it was forced to close the Site, to cancel one or more orders, or to amend the General Terms and Conditions of Sale, though any modification of the General Terms and Conditions of Sale cannot be applied retroactively.
 

The Vendor shall not be liable for:

–           malicious interventions,

–           problems with telephone link, electricity, internet connection or mail delivery,

–           problems in accessing the Site’s server,

–           destruction of the information supplied by the Customers for a reason that is not attributable to the Vendor,

–           software or hardware malfunctions,

–           disruptions that may affect the smooth running of the Site or the accomplishment of a purchase act on the Site.

 

In all circumstances, if the proper administrative and/or technical processing of a purchase act on the Site is disrupted by a virus, a computer bug, an unauthorised human intervention or any other cause outside the control of the Vendor, the Vendor reserves the right to discontinue the transaction in progress.
 

The Vendor shall be permitted to close the Site, cancel or suspend one or more orders or change the conditions applicable thereto if there appears to be a strong presumption of fraud, or if it appears that fraud of any form whatsoever, especially affecting the IT system, has taken place. Under such circumstances, the Vendor reserves the right to refrain from supplying items to the fraudsters or presumed fraudsters and/or to take legal action against them in the courts holding jurisdiction in the matter.
 
Article 10 – Correspondence
 

Any question and/or correspondence and/or claims regarding an order placed on the Site must be sent, at the Customer’s expense, to Customer Service by email at contact@goossens-pairs.fr or at the telephone number provided in the “Contact” section.
 

No account shall be taken of claims presented in a Goossens store with the Goossens name or in any retail outlet selling the Goossens branded Items, and no exchange shall be offered.
 
Article 11 – Force majeure
 

The Vendor shall not be liable for the total or partial failure to fulfil its obligations under a sales contract and of these General Terms and Conditions of Sale if this failure arises as a result of an event that qualifies as force majeure under the conditions defined by the case law of the French Cour de cassation and including, for example, natural disasters, actions by the public authorities, embargoes, strikes by carriers of goods, exceptional weather conditions preventing production, insurrections, riots, and/or disruption to energy supplies.
 

In such cases, when the Vendor is affected by the occurrence of an event of force majeure, it shall notify the Customer by email within a maximum of ten (10) days as from the occurrence of the particular event of force majeure, indicating the anticipated consequences and duration, and shall do all it can to limit the impact thereof.
 

Fulfilment of the obligations shall recommence as normal as soon as the event qualifying as force majeure has ceased and the Vendor has duly notified the Customer of this development. If the interruption due to the force majeure continues for a period in excess of one (1) month, the Customer will be entitled to ask the Vendor by email at contact@goossens-paris.fr or at the telephone numbers provided in the “Contact” section.
 
Article 12 – Severability
 

If one or more stipulations of these General Terms and Conditions of Sale is/are deemed to be invalid or declared such by the application of a law, a regulation or pursuant to a final court decision, the other stipulations in these General Terms and Conditions of Sale shall nevertheless continue to apply under the same terms and conditions.
 
Article 13 – Dispute Resolution
 
13.1. – Provision of proof
 

Provision of proof
 

The documents and digital records stored in the Vendors IT systems shall be retained in reasonable conditions as regards security, and shall be considered to constitute proof of communications, orders and payments between the parties. These elements may be produced as evidence before the courts holding jurisdiction in the matter in the event of a dispute.
 
13.2. – Applicable law / Dispute settlement
 

These General Terms and Conditions of Sale shall be construed according to French law, to the exclusion of its provisions that may refer to the application of a foreign law.

In the case of a dispute pertaining to the Site, a negotiated settlement will be sought.

In the case of a complaint that cannot be resolved by negotiation by Customer Service, the Customer will be entitled to refer the matter to the Médiateur de la Fédération du Commerce Coopératif et Associé (FCA) (the mediator of the cooperative and associated commerce federation) with the following contact details: FCA, 77 rue de Lourmel, 75015 Paris, 01 44 37 02 02, www.commerce-associe.fr, or refer to the on-line dispute settlement platform of the European Commission, which is accessible at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
The European Commission will transfer the Member’s complaint to the national mediators with jurisdiction of which it has been notified.

If there are none, the French courts will have territorial jurisdiction to hear any dispute.

If there are none, the French courts will have territorial jurisdiction to hear any dispute.