Terms of Sales

Effective June 16, 2023

These General Conditions of Sale are concluded between on the one hand
Gambelier, sole proprietorship with a capital of €0 registered with the RCS
of Roanne under number 951 743 327, having its registered office at 10 rue Michel
Devillaine, 42300 Roanne (hereinafter "Gambielier"), and on the other hand any
person who made a purchase on the site https://gambelier.com below
referred to as "the Client". Any purchase on the site https://gambelier.com (hereinafter
the "Site") automatically entails acceptance of all of these
terms.

ARTICLE 1: SCOPE

These General Terms and Conditions of Sale (known as "GTC") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("Customers or the Customer"), wishing to acquire the products offered for sale (“The Products”) by the Seller on the site https://gambelier.com. The Products offered for sale on the site are as follows: clothing and accessories. The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the site https://gambelier.com, which the customer is required to read before ordering. The choice and purchase of a Product are the sole responsibility of the Customer. Product offers are valid within the limits of available stocks, as specified when placing the order. These T&Cs are accessible at any time on the website https://gambelier.com and will prevail over any other document.

Gambelier is free to modify, at any time and without notice, these T&Cs, in particular to take into account any legal, jurisprudential and/or technical developments.

The prevailing version of the T&Cs is the latest version available on the Site. The version applicable to an Order is the one in force on the date of placing the latter; it being specified that any order for a Product offered on the Site implies the Customer's full and complete acceptance of the General Conditions of Sale in force at the time of placing the order.

The Seller's contact details are as follows:

Email: gambelierstudio@gmail.com

ARTICLE 2: PRESENTATION OF ARTICLES

Gambelier makes its best efforts to ensure that the photographs of the Products conform as closely as possible to the Products actually delivered to the Customer (in particular the color of the Products). However, it cannot be guaranteed that the Products will be exactly identical to the photographs. Similarly, although a description of the products is available, Gambelier cannot guarantee the exhaustive communication of all the characteristics of each Product. The customer declares to be fully aware of the provisions of this article, and already expressly agrees not to engage Gambelier's liability in this respect, subject to the application of the mandatory legal provisions.

ARTICLE 3: PRICE

The Products are supplied at the current prices appearing on the site https://gambelier.com, when the order is registered by the Seller. All prices are indicated in Euros including VAT. These prices are firm and non-revisable during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time.

Prices do not include taxes, processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated and calculated prior to placing the order. The payment requested from the customer corresponds to the total amount of the purchase, including these costs.

ARTICLE 4: ORDER

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

In order to place his Order, the Customer selects the Products of his choice on the Site and adds them to his virtual basket. The creation of a personal account on the Site is not necessary to place an Order. On the other hand, certain personal data of the Customer are required for the proper execution of the Order. If the Customer wishes, he has the option of creating a personal account.

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 immediately report any errors. Any order placed on the site https://gambelier.com constitutes the formation of a contract 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.

After validation of the payment, the customer receives an e-mail informing him that his order has been registered.

ARTICLE 5: PAYMENT CONDITIONS

The price is paid by secure payment using the following methods: VISA, Mastercard, American Express, Apple pay, Paypal and Shop pay bank cards.

The price is payable in cash by the Customer, in full on the day the order is placed. Payments made by the Customer will only be considered final after effective collection by the Seller of the sums due. The Seller will not be required to deliver the Products ordered by the Customer if the latter does not pay the full price under the conditions indicated above.

ARTICLE 6: DELIVERY

The products ordered by the customer will be delivered in metropolitan France or in the following areas: European Union, Colombia, Switzerland, Canada, United States, Norway, New Zealand, Australia and United Kingdom.

Deliveries take place within 2 to 5 working days in mainland France, 2 to 8 working days in the European Union and 5 to 10 days internationally. The times announced correspond to the delivery times indicated by the carrier chosen. In the event of non-compliance with these, or in the event of non-delivery of the package by the service provider, Gambelier cannot be held responsible. The goods always travel at the recipient's risk and peril. The customer is solely responsible for a lack of delivery due to a lack of indication when placing the order.

If the Products ordered have not been delivered within 2 months after the indicative delivery date, for any reason other than force majeure or the act of the Customer, the sale may be canceled at the written request of the Customer within 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 returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or deduction.

The Customer is required to check the condition of the products delivered. He has a period of one week from delivery to formulate complaints by email: gambelierstudio@gmail.com accompanied by all the supporting documents relating thereto (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 complaint can be validly accepted by the Seller. The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered 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 and following of the Consumer Code and those provided for in these T&Cs.

For orders outside Metropolitan France, when the package intended for export reaches its destination, it will be the recipient's responsibility to pay any taxes or customs duties that apply to the country of destination. The Seller cannot be held responsible for any additional costs.

ARTICLE 7: TRANSFER OF OWNERSHIP

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

ARTICLE 8: RIGHT OF WITHDRAWAL

According to the terms of article L221-18 of the Consumer Code “For contracts providing for the regular delivery of goods during a defined period, the period runs from the receipt of the first good. »

The Customer has a legal period of one week from the date of receipt of his order to return the Products ordered, without justification or penalty. Return costs are the responsibility of the Customer. It is advisable to go through a mode of transport with tracking number. Indeed, Gambelier cannot be held responsible for the loss, theft or damage that the returned Products may suffer during their transport.

For any return within the framework of the right of withdrawal, the Customer must inform Customer Service by email: gambelierstudio@gmail.com indicating whether he wishes an exchange (within the limit of available stocks) or a refund (the costs initial delivery charges are non-refundable). The Customer will receive the address to which he must return the Product. The latter must be returned in its original packaging, complete, in perfect condition, accompanied by the invoice. The exchange or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.

ARTICLE 9: RESPONSIBILITIES OF THE SELLER - GUARANTEES

The Products supplied by the Seller benefit from:

  • the legal guarantee of conformity, for Products that are defective, spoiled or damaged or that do not correspond to the order,
  • the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,

Provisions relating to legal warranties

Article L217-4 of the Consumer Code

“The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. »

Article L217-5 of the Consumer Code

“The property is in accordance with the contract:

1° If it is specific to the use usually expected of a similar item and, where applicable:

- if it corresponds to the description given by the seller and has the qualities that the latter 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, in particular 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 by two years from the delivery of the goods. »

Article 1641 of the Civil Code.

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

Article 1648 paragraph 1 of the Civil Code

“The action resulting from redhibitory defects must be brought by the purchaser 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 which was granted to him during the acquisition or repair of movable property, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which 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. »

In order to assert his rights, the Customer must inform the Seller, in writing (email or post), of the non-conformity of the Products or of the existence of hidden defects from their discovery.

The Seller will reimburse, replace or have repaired the Products or parts under warranty deemed non-compliant or defective.

Refunds, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and at the latest within 20 days of the Seller's finding of the lack of conformity or the hidden defect. This refund can be made by bank transfer or check.

The responsibility of the Seller 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 verify,
  • in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
  • The photographs and graphics presented on the site are not contractual and cannot engage the responsibility of the Seller.

The Seller's warranty is, in any event, limited to the replacement or reimbursement of non-compliant Products or Products affected by a defect.

ARTICLE 10: PERSONAL DATA

The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as their transmission to third parties for the purpose of delivery of the Products. The submission of Customer personal information is governed by Gambelier's Privacy Policy.

ARTICLE 11: INTELLECTUAL PROPERTY

The content of the https://gambelier.com 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 12: APPLICABLE LAW - LANGUAGE

These T&Cs and the resulting operations are governed by and subject to French law.

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

ARTICLE 13: DISPUTES

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

The Customer is informed that he can in any event resort to conventional mediation, with the CM2C (Center for Mediation of the Consumption of Justice Conciliators) in the event of a dispute.

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