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Terms and Conditions of Sale
The present conditions are concluded between, on the one hand,
The company STG GARNIER-THIEBAUT,
Société par Actions Simplifiée with a capital of 762 245 €,
registered at the RCS of Épinal under the number 334 642 220
Head office : 11, boulevard de Granges - BP 39 - 88401 GERARDMER CEDEX - France
Siret 334 642 220 00019 - VAT FR49334642220
Tél. (33) 03 29 60 30 30 - Télécopie (33) 03 29 60 03 42
E-mail : firstname.lastname@example.org
hereinafter referred to as "GARNIER-THIEBAUT"
and, on the other hand,
Any individual acting outside of his professional activity, wishing to make a purchase on the website of GARNIER-THIEBAUT http://www.5bygarnier-thiebaut.com
hereinafter referred to as "THE CUSTOMER".
Article 1 - PURPOSE
The present conditions aim to define the terms of sale between GARNIER-THIEBAUT and THE CUSTOMER, from the placing of the order to the after-sales services, including payment and delivery.
These conditions concern exclusively non-trading individuals.
The items offered for sale on this site are sold exclusively to the CUSTOMER acting for his personal needs. They can only be acquired by a natural person of age.
THE CUSTOMER refrains from trading with the bought articles. GARNIER-THIEBAUT reserves the right to refuse to sell its products to any person whose behavior can let think that it could engage in such acts.
The present general conditions of sale govern the contractual relations between GARNIER-THIEBAUT and THE CUSTOMER, the two parts accepting these without reserve. These general conditions fully accepted by THE CUSTOMER and applicable to any order placed on the site will prevail over all other conditions of sale.
GARNIER-THIEBAUT reserves the right to modify at any time the general conditions. They will then be applicable as soon as they are put online.
Article 2 - PRODUCTS
www.5bygarnier-thiebaut.com is a site which has vocation to offer to the sale of articles of household linen and decorative accessories and textiles.
The offers of products presented by GARNIER-THIEBAUT online are proposed within the limits of available stocks.
GARNIER-THIEBAUT does not guarantee that the products will remain available for sale for any given period of time.
Any claim by the CUSTOMER for the ordering or delivery of an unavailable item will be considered unfounded.
The essential characteristics of the products offered for sale are described and presented with the greatest possible accuracy.
The photographs of the products in support of the text are not part of the contractual field.
The color visible from the CUSTOMER's screen depends on his computer system so GARNIER-THIEBAUT cannot guarantee the exact color that will be displayed.
Tolerance of dimensions (inherent to the weaving technique): + or - 3%. Cotton is a natural fiber that may shrink slightly after the first wash (shrinkage varies according to product type and washing conditions).
Article 3 - TERRITORIAL SCOPE
The geographical area of coverage of the offer is metropolitan France, the European Union and several other countries according to the rates and rules of importation.
The site only validates delivery addresses in countries where the GARNIER-THIEBAUT team knows how to manage deliveries.
Article 4 - PRICES
The prices of the products indicated on the site are in euros.
Value added and import taxes are added according to the country of delivery chosen by THE CUSTOMER.
Unless specifically agreed otherwise, the prices of the products are exclusive of shipping and delivery costs (postage, packaging, preparation of the package according to the amounts in force).
The amount of the delivery charges and taxes will be specified before validation of the order.
If one or more taxes or contributions were to be created or modified, in rise as in fall, this change could be reflected on the selling price of the products present on the Internet site and on the various supports of sale.
However, the price cannot be modified once the order is validated.
Article 5 - ORDERING AND AVAILABILITY
THE CUSTOMER places his order on line starting from the catalog proposed on the site www.5bygarnier-thiebaut.com.
The order can only be registered on the site if THE CUSTOMER has clearly identified himself beforehand by entering his identifiers (e-mail address and password, which are strictly personal to him, and which he entered when registering on the site, under the heading "my account").
Any order implies acceptance of the prices and description of the products available for sale.
The user has the possibility of modifying his basket before the final validation, this last stage formalizing the contract of sale between GARNIER-THIEBAUT and THE CUSTOMER.
Any order becomes final only after express acceptance of the order by GARNIER-THIEBAUT which will be materialized by the sending of an acknowledgement of receipt including the constituent elements of the order on the electronic mailbox of the CUSTOMER
GARNIER-THIEBAUT will deliver the ordered products only when the CUSTOMER's bank has given its agreement on the payment.
In case of refusal of the bank, the order will be automatically cancelled and the customer advised. GARNIER-THIEBAUT reserves the right to refuse any order of a customer with whom there would be a current dispute.
GARNIER-THIEBAUT undertakes to honour the orders received on the website only within the limits of available stocks of products.
If the product is not available, GARNIER-THIEBAUT undertakes to inform the user.
In case of unavailability of a product ordered, GARNIER-THIEBAUT will inform the customer by mail or by phonewithin 5 days (workingdays). THE CUSTOMER will then have the possibility of asking for the cancellation of its order or the exchange of the products concerned.
Article 6 - PAYMENT
All purchases must be paid in full before delivery.
The payment of orders is made online on the site, by credit card (Carte Bleue, Visa, Eurocard, Mastercard) in a secure manner through the secure electronic payment terminal, provided by STRIPE, so that the information transmitted is encrypted by software and no third party can gain knowledge of it during its circulation on the Internet network.
For payments by credit card, the order will be validated by GARNIER-THIEBAUT only when the bank server has given its authorization to the transaction. This payment requires to have registered beforehand its mobile / fixed telephone number with itsbank in order to ensure the good reception of the banking information to be seized in the space of safety of payment by bank card proposed by Garnier-Thiebaut.
By choosing the payment via PayPal, the CUSTOMER will be automatically directed to his PayPal account. Once the PayPal payment is validated, the order can be completed on the site.
Payment by check is authorized. Upon receipt of the check, delivery is assured, approximately two weeks after receipt of the check.
Article 7 - DELIVERY
The automatic recording systems of GARNIER-THIEBAUT are considered as proof of the nature of the sale and its date.
GARNIER-THIEBAUT undertakes, after confirmation of the order and validation of the payment in accordance with the articles Price and Payment of the present, to sell and dispatch the ordered products to the designated recipient within 72 hours in Metropolitan France if the order is placed before Thursday 12 hours.
Any order placed after Thursday 12:00 am will be shipped by GARNIER-THIEBAUT from the following Monday.
The above deadlines are subject to availability of products, excluding custom-made products, excluding periods when the weaving mill is closed and public holidays.
Made-to-measure products are manufactured and dispatched within 10 working days. All products allowing you to choose material and/or Details color are made to order. within 10 working days.
GARNIER-THIEBAUT reserves the right not to register an order in case of force major and undertakes to warn the customer.
The choice of the mode of routing and delivery falls to GARNIER-THIEBAUT. The delivery will be made to the address indicated by THE CUSTOMER who undertakes to indicate to GARNIER-THIEBAUT an address where the delivery can be made by an international carrier (such as Fedex, UPS, DHL etc.) during working hours (Monday to Friday).
Once the order in possession of the carrier, this one becomes the responsibility of the carrier and GARNIER-THIEBAUT cannot be held responsible in case of delays or loss of the parcel.
ATTENTION: outside the European Union, GARNIER-THIEBAUT delivers DAP. Import taxes are the responsibility of the CLIENT, who must pay them to the carrier.
The costs of order processing, shipping and postage are fixed according to the place of delivery.
Article 8 - RECEPTION
By placing an order, THE CUSTOMER agrees to take delivery of the products he/she has ordered and to pay the price and shipping costs.
GARNIER-THIEBAUT guarantees that the products are subject to the necessary care to ensure their conformity to their description on the site.
The customer's attention is however drawn to the fact that he is solely responsible for the conservation and use of the products as from their delivery.
In the latter case, THE CUSTOMER guarantees the personal acceptance of these general conditions by the recipient of the package.
THE CUSTOMER is responsible for any damage that GARNIER-THIEBAUT could undergo, directly or indirectly, because of the non-observance by himself or by the person who takes delivery of the products of the obligations put at his charge under the present general conditions of sale.
Article 9 - DELAY OF RETURN, TERMS OF RETURN, REFUNDS, EXCHANGES
In accordance with Article L.221-18 of the Consumer Code, the CUSTOMER has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance.
To exercise his right of withdrawal, the CUSTOMER can use the form available on the back of the delivery note.
During this period, the CUSTOMER may return the products without having to justify his reasons or pay any penalties.
All products may be returned, with the exception of those excluded by law, such as products that have been personalized at the request of the CLIENT. Garnier-Thiebaut will not accept returns for tablecloths and bed linen ordered as made-to-measure, or for any order for products that are made-to-measure or personalized on request (such as embroidery or printing).
Garnier-Thiebaut accepts a tolerance of 3% on dimensions custom-made products. A deviation of 3% from dimensions will not be grounds for return or refund.
Returned products must be intact and complete and must not have been used.
Except in the case of a defect or fault affecting the product, the cost of return is the responsibility of the CUSTOMER.
The product must be returned in its original packaging and in perfect condition to the following address:
Service client internet
11, Boulevard de Granges - BP 39 88401 GERARDMER CEDEX - France
If the CUSTOMER wishes to proceed to an exchange, and that the article of replacement is available, GARNIER-THIEBAUT will send it to the CUSTOMER after return of the replaced article and payment of the carriage costs.
The shipping costs of the replacement item are also the responsibility of the CUSTOMER.
The refund is made by credit card according to the payment method used by the CUSTOMER when ordering online.
The CUSTOMER can contact the customer service from the contact form or directly at email@example.com.
Article 10 - CLAIMS
The products delivered by GARNIER-THIEBAUT are the object of the most rigorous care before their conditioning and their forwarding which is carried out in order to preserve the perfect conservation of the products.
In the event of a visibly damaged package upon receipt, THE CUSTOMER must have the problem noted upon delivery and recorded immediately on the driver's delivery slip or on the form reserved for this purpose.
If the damage is inside the package, THE CUSTOMER must urgently make any reservation in writing to the carrier and this at the latest within 72 hours. The reserves must be precise and detailed. A copy of this document will have to be simultaneously addressed to GARNIER-THIEBAUT by traditional mail or electronic mail accompanied by the document of transport.
In case of missing goods in the package, the customer must also notify GARNIER-THIEBAUT within 72 hours of receipt of the package.
After checking and investigation with its services, GARNIER-THIEBAUT undertakes, if necessary, to send back the missing goods by taking the carriage costs in its load.
GARNIER-THIEBAUT strongly urges the customer to check the packages upon receipt, in the presence of the carrier if possible.
You can contact our customer service from our contact form or directly at customer firstname.lastname@example.org.
Article 11 - GUARANTEES
All products on sale on the site benefit from the legal guarantee of conformity and the guarantee against hidden defects.
GARNIER-THIEBAUT guarantees that the products delivered are in conformity with the legislation in force in France and in the European Union and that they were the subject of the most attentive care before their conditioning and their forwarding which is carried out in order to preserve the perfect conservation of the products.
In case of alteration of the quality of the products, THE CUSTOMER will have to return the products for examination to the address indicated above, after having obtained a return number, by traditional mail or electronic mail, signed by GARNIER-THIEBAUT. Any request for return should be made from our contact form or by phone at 03 54 72 94 00 (not surcharged) from Monday to Friday from 8:30 to 12:30 and 13:30 to 17:30.
In the event that CUSTOMER returns products for any reason whatsoever without such a return notice signed by GARNIER-THIEBAUT, the latter may refuse to accept the products.
The reception of the products by GARNIER-THIEBAUT will not be worth recognition of its responsibility.
In the event of the existence of the defect recognized by GARNIER-THIEBAUT, THE CUSTOMER will be able either to exchange his product or to obtain the refunding of this one.
In case of exchange of the product for defect, the shipping costs will be charged to GARNIER-THIEBAUT.
Article 12 - EVIDENCE
The online provision of the credit card number and the final validation of the order will be considered as proof of the completeness of the order in accordance with the provisions of Article 1316 of the French Civil Code.
This validation is worth signature and express acceptance of all the operations carried out on the website.
The filing of the purchase orders and invoices is carried out on a reliable and durable support so as to correspond to a faithful and durable copy in accordance with the provisions of article 1348 of the Civil code.
Article 13 - INTELLECTUAL PROPERTY RIGHTS
All elements of the GARNIER-THIEBAUT website are and remain the exclusive intellectual property of GARNIER-THIEBAUTand/or its partners, including logos, trademarks and photos of GARNIER-THIEBAUT.
No one is authorized to download, reproduce, exploit, rebroadcast or use for any purpose whatsoever, even partially, elements of the site whether software, visual or sound. Any simple or hypertext link is strictly forbidden without the express written consent of GARNIER-THIEBAUT.
No one is authorized to use, for sale or any other commercial use, this site or its contents (listed products, descriptions, prices, downloading or copying of information, use of data, images, texts, photographs, tools, sound extracts) without the express written consent of GARNIER-THIEBAUT.
All elements of the GARNIER-THIEBAUT website are protected by copyright, trademarks or patents. They are the exclusive property of GARNIER-THIEBAUT.
Article 14 - PERSONAL & NAMING DATA
The personal information collected for the purposes of distance selling is mandatory, as this information is essential for the processing and delivery of orders as well as the establishment of invoices.
Failure to provide this information will result in the invalidity of the order.
The information you enter on the site may be recorded for exclusive use by Garnier Thiebaut. We use this data internally to make statistics on our users, their interests and their behavior, always with the aim of serving them better.
The customer gives his consent to the use of personal data collected under the terms of this order, under the customer file of GARNIER-THIEBAUT.
In accordance with the law n° 78 -17 of January 6, 1978, the treatment of these personal data was the subject of a regular declaration with the National Commission of Data processing and Freedoms (CNIL). This declaration has the number 1421513.
The CUSTOMER has at any time a right of access and rectification that he can exercise with GARNIER-THIEBAUT.
The Data Protection Officer at Garnier-Thiebaut is Nargis Rahmouni. You can contact her at email@example.com
Article 15 - SETTLEMENT OF DISPUTES AND APPLICABLE LAW
The present general conditions are subject to French law.
In the event of any dispute or contestation as to the validity, interpretation or execution of the present contract will be submitted to the exclusive jurisdiction of the court of GRENOBLE (France).
GARNIER-THIEBAUT is at the disposal of the CUSTOMER to resolve any dispute that may arise and to find an amicable solution.
The CUSTOMER can contact GARNIER-THIEBAUT by telephone, fax, mail or e-mail.
The website complies with French legislation and more particularly with the regulation of distance selling.