GENERAL TERMS AND CONDITIONS OF SALE (GTC)
Article 1 – GENERAL PROVISIONS – SCOPE OF APPLICATION
1.1 These General Terms and Conditions of Sale (“the GTCs”) determine the rights and obligations of the parties in connection with the online sale of Products offered by Agatery (“the Company”).
1.2 Any Order placed on the website https://paul-goselin.com/ implies prior and unrestricted acceptance of these General Terms and Conditions of Sale, which are subject to French law. These General Terms and Conditions are therefore an integral part of the Agreement between the Client and the Company. They are fully opposable to the Customer who declares that he has read them and accepted them, without restriction or reservation, before placing the Order.
1.3 These GTC apply to any Order placed by an adult natural person acting as a consumer. The Client therefore certifies that he is a natural person over 18 years of age, acting for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity. He acknowledges that he has the full capacity to commit himself when he places an Order and undertakes to provide truthful information as to his identity.
1.4 EXCLUSION: The scope of these GTC expressly excludes persons acting in a professional capacity, i.e. natural or legal persons, public or private, acting for purposes relating to their commercial, industrial, craft or agricultural activity; liberal or agricultural, including if they act in the name or on behalf of another professional.
Professionals who wish to place an Order with the Company are invited to contact us directly.
1.5 The General Terms and Conditions applicable to each Order are those in force on the date of payment or the first payment in the event of multiple payments) of the order… The Company reserves the right to modify them at any time by publishing a new version on its website. These General Terms and Conditions may be consulted on the Company’s website at the following address: https://paul-goselin.com/GTC .
Article 2 – CONCLUSION OF THE ONLINE CONTRACT
2.1. Order Placing Process
To purchase one or more Products on the site, the Customer selects each Product and adds it to his basket. Once his selection is completed, he must confirm his basket to proceed to the Order (1st click)
At this point, the Client is redirected to a page containing:
A summary of the selected Products, the corresponding prices, terms and conditions and delivery costs. It is then up to him to check and possibly correct the contents of his basket.
These GTC. It is his responsibility to read them carefully before validating the entire Order.
This validation of the Order after checking the basket and reading the T&Cs (2nd click) is equivalent to conclusion of the Contract and the Customer acknowledges that the 2nd click entails an obligation to pay on his part.
The Customer is then redirected to the payment page. He can choose between the different payment methods offered and proceed to pay for his Order.
After having validated his Order and made his payment, the Customer receives, on the email address he has provided, a confirmation message from the Company. This message contains:
The summary of his order (selected products, prices);
A link to these GTC;
The invoice relating to his order with the Order number;
In the event that the Order confirmation is not received, it is recommended that the Client contact the Company via the contact form on the website.
The Customer then receives a purchase invoice sent electronically, which the Customer expressly accepts.
The Customer is strongly advised to keep this confirmation message and the purchase invoice which is also sent to him in electronic format since these documents can be produced as proof of the Contract.
2.2 Cases of refusal to validate the Order by the Company
The Company reserves the right to refuse your Order for any legitimate reason, including, for example:
Order not in accordance with the General Terms and Conditions;
Quantities ordered that do not correspond to normal use by a Consumer Customer;
Non-payment of a previous Order or ongoing dispute concerning a previous Order;
Suspicion of fraud on the Order (supported by a bundle of consistent evidence).
Article 3 – SPECIFICATIONS AND AVAILABILITY OF PRODUCTS
3.1 Product Specifications
The essential characteristics of the goods and their respective prices are made available to the Client on the Company’s websites, as well as, where applicable, information on the use of the product.
Although the Company reasonably ensures that the Specifications are accurate, the Specifications, subject to certain exceptions, such as pricing information, are provided by the Company’s suppliers. Consequently, the Company declines all responsibility for any errors that may be contained in the Specifications.
The Specifications are presented in detail and in French. The Parties agree that illustrations, videos or photos of the Products oﬀerts for sale have no contractual value. The validity period of the Products’ oﬀre and their prices are specified on the Company’s websites.
3.2 Product Availability
Product offers are valid within the limits of stocks available from our suppliers. This availability of the Products is normally indicated on the specific page of the Product.
However, insofar as the Company does not reserve stock (except in special cases of Products indicated in pre-order on the Product sheet), the placing of a Product in the basket does not absolutely guarantee the availability of the Product or its price.
In the event that a Product becomes unavailable after the Customer’s Order has been validated, the Company will immediately inform the Customer by email. The Order shall be automatically cancelled and the Company shall refund the price of the Product initially ordered, as well as any amount paid under the Order.
However, if the Order contains Products other than the one that has become unavailable, they will be delivered to the Customer and the delivery charges will not be refunded.
Article 4 – PRODUCT PRICES
4.1 Reference prices indicated on the sites
The reference price of the Products offered on the site is the price recommended by the brand, the manufacturer or its official representative. Failing this, it is a price determined according to the prices at which the Product is commonly sold in a panel of retailers distributing it. This price is updated as soon as the brand, manufacturer or its official representative communicates a new recommended price for the Product or as soon as the price applied within the panel of brands is modified.
4.2 Changes in the prices indicated on the sites
The prices of the Products are indicated on the Product description pages. They are indicated excluding tax, customs duties and shipping costs. The Company reserves the right to modify the prices of the Products at any time, in compliance with applicable legislation.
The Products ordered will be invoiced on the basis of the price in force on the site at the time of validation of the Order.
4.3 Product prices
As many Products are imported from abroad (outside the European Union) at the request of Customers, the prices of Products sold through the websites are indicated in Euros excluding taxes (excluding VAT and customs duties) unless otherwise indicated. They are precisely determined on the Product description pages. They are also indicated in Euros excluding tax (excluding VAT and customs duties), unless otherwise indicated, on the Product Order page, and excluding specific shipping costs.
The prices of the Products do not include import VAT, import taxes or customs duties, which shall be paid in addition and shall be fully borne by the Final Customer in his capacity as importer, who is liable for these taxes as recipient of the Product.
The prices of the Product(s) do not include the costs of packing, packaging, shipping, transport, insurance and delivery of the Product(s) to the delivery address.
4.4 Payment of taxes
The Customer is solely responsible for the process of declaring and paying import VAT or any customs duties when clearing the Product through customs. It may be required to pay VAT and customs duties on imports. To the extent that these taxes are not within the Company’s jurisdiction, it may not be required to refund such taxes.
For all products shipped outside the European Union and/or DOM-TOM, the price is automatically calculated excluding tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. The Company has no control over these rights and amounts that will be borne by the final customer as an importer.
The taxes will be the responsibility of the Client and are his responsibility (declarations, payment to the competent authorities, etc.). In this respect, the Company invites the Client to obtain information on these aspects from the corresponding local authorities.
Article 5 – PAYMENT OF PRODUCT PRICES
5.1 Timing of payment
Payment of the full price of the Order must be made immediately after the Order has been validated.
The Company may, in exceptional circumstances, grant a payment in several instalments, in particular with regard to the amount to be paid and the knowledge it has of the Client concerned. However, the Company has no obligation to grant such payment terms. In the event of a particular situation, the Customer may make a request by contacting the Company’s Customer Service Department at the following address firstname.lastname@example.org.
5.2 Payment methods
To pay for his Order, the Customer can choose between different payment methods:
Payment by credit card:
Only credit cards linked to a banking institution located in France or international credit cards (Visa, MasterCard, American Express and Maestro) are accepted. The Client guarantees the Company that he has the necessary authorizations to pay with the credit card used. He expressly acknowledges that the payment undertaking given by card is irrevocable and that the communication of his credit card number constitutes authorization to debit his account up to the total amount corresponding to the Products ordered. The amount will be debited at the time of validation of the Order.
Payments by credit card are made via a secure payment platform and the information on the credit cards communicated benefit from the SSL encryption process.
Payment via Paypal
Payment by Paypal is accepted up to a limit of €1,000.
It is stressed that in the event of recourse to this method of payment, the General Terms and Conditions of Use of Paypal, which are available on their website, are added to these GTC.
Payment by vouchers and/or discount codes
Purchase orders and/or promotional codes issued by the Company may be used to pay for all or part of the Order. These vouchers and/or promotional codes are only valid once. In the event of an attempt to fraudulently use purchase vouchers and/or promotional codes, the Company may cancel the Order altogether.
In general, in the event of refusal of payment authorization by officially accredited bodies or in the event of non-payment of the Order, the Company reserves the right to suspend and/or cancel the Order.
The Company reserves the right to suspend any of the payment methods at any time, in particular in the event that a payment service provider no longer offers the service used or in the event of a dispute with a Customer concerning a previous Order.
The Company reserves the right to implement an Order verification procedure to ensure that no one uses another person’s bank details without their knowledge. As part of this verification, the Client may be asked to send a copy of an identity document, a proof of address and a copy of the bank card used for payment by email or post to the Company. Precise information on the exact content of the information requested (to preserve the confidentiality of its data) will be communicated to the Client in the event of verification. The order will only be validated after receipt and verification of the documents sent.
Article 6 – DELIVERY – CUSTOMS DEDUCTION – RECEPTION
Before validating the Order, the Company shall provide the Customer with information concerning the various delivery methods and their respective rates. Following the Customer’s choice of delivery method, the Company shall provide him with an estimate of the delivery time.
The Company will make every effort to ensure that the Product(s) are delivered no later than the scheduled delivery date. In the event of any difficulty, the Company undertakes to communicate promptly with the Client to inform him/her and seek an appropriate solution.
The air transport, shipping and/or delivery of the Product(s) will be fully covered by the Customer (“Delivery Charges”). These delivery costs are included in the final price invoiced to the Customer at the time of the Order. However, any customs charges are not included in the price invoiced to the Client by the Company.
Depending on the terms chosen by the Customer, delivery will be made, either to the address given by the Customer or, where applicable, to a relay point chosen by the Customer from the list of available points. It is therefore the Client’s responsibility to check the information provided for delivery because he remains solely responsible in the event of failure to deliver due to incomplete or erroneous information.
6.2 Customs clearance
At the time of purchase, the Customer purchases the product duty-free and becomes an importer of the purchased product in his capacity as the final recipient of the Product.
He is therefore in particular responsible for the import and customs clearance processes of the product at local customs offices. Depending on the price of his order, he may be asked to pay customs duties (for Products with a customs value greater than 150 €).
The Client is solely responsible for the customs declaration process when clearing the Product through customs. These customs duties, which are not invoiced to the Client by the Company, do not fall within the Company’s jurisdiction. The latter cannot therefore be held liable for the reimbursement of these duties.
Upon receipt of the Product, the Customer undertakes to check that the Product is complete and undamaged.
In the event of a discrepancy, the Customer must contact the Company’s Customer Service Department within three days (excluding public holidays) following the date of receipt of the Product. Any complaint filed after the deadline cannot be processed.
Article 7 – RETRACTATION
7.1 Principle and time frame
The Customer has the right to withdraw, without giving any reason, within fourteen (14) calendar days from the date of receipt of his Order. In the event of an Order for several Products, the period runs from the date of receipt of the last Product.
In the event of exercise of the right of withdrawal within the aforementioned period, the price of the Product(s) purchased and the shipping costs will be refunded, the return costs remaining the responsibility of the Customer.
In accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal may not be exercised for the following contracts:
The supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the trader and likely to occur during the withdrawal period;
The supply of goods made to consumer specifications or clearly personalised;
The supply of goods that are likely to deteriorate or expire quickly;
The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
The supply of goods which, after having been delivered and by their nature, are inextricably mixed with other items;
The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations on the market beyond the control of the trader;
Maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by the consumer, within the limits of spare parts and work strictly necessary to respond to the emergency;
The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
The supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
Concluded at a public auction;
7.3 Methods of exercising the right of withdrawal
To exercise its right of withdrawal, the Client must inform the Company of its intention to withdraw either by completing the standard form, a model of which is given below, or by sending an unambiguous statement expressing its intention to withdraw within the 14-day period mentioned above.
Sample withdrawal form template:
To the attention of Agatery, (name of the site concerned), Customer Service, 91 Rue Pierre Brunier, Caluire Et Cuire 69300.
I the undersigned ______ hereby notify you of my withdrawal from the contract for the sale of the Product below:
Product name :
Date of order and receipt:
Order number :
Tracking number of the withdrawal request:
Client’s name :
Customer’s address :
Client’s signature: (only if this form is notified on paper
This form must be sent to the Company at one of the following addresses:
For a paper shipment, to Agatery, Customer Service, 91 Rue Pierre Brunier, Caluire Et Cuire 69300
For electronic submission, to the address: email@example.com
The Customer has a period of 14 days from the date of sending notification of his withdrawal to return the Product to the Company in its original packaging, the return costs being the sole responsibility of the Customer.
The Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) to allow the Company to resell them. In the event of receipt of open, used, incomplete, damaged or soiled Products, the Company will not refund and may even, if it deems it necessary and appropriate, engage the Customer’s liability for depreciation of the Product.
In the event of return of the Product under the conditions provided by law and these GTC, the Company will refund all sums paid by the Customer, including delivery costs, within 14 days of notification of withdrawal, unless the Product is returned afterwards. In this case, the Company will only refund the amount after receipt and verification of the condition of the returned Product.
This refund will be made using the same method of payment as the one used by the Customer to pay for the Order, unless the Customer expressly agrees to another method of payment. In the event of payment by gift voucher/ promotional code, the Customer will be reimbursed either by sending new gift vouchers/ promotional codes for an amount identical to that paid in this form.
Article 8 – WARRANTIES
8.1 Legal guarantees
The Company remains liable for defects in the conformity of the goods in accordance with the provisions of Articles L. 217-4 et seq. of the Consumer Code as well as for hidden defects in the goods sold in accordance with Articles 1641 et seq. of the Civil Code.
When acting within the framework of the legal guarantee of conformity (as provided for by Articles L. 217-4 et seq. of the Consumer Code), the Consumer Customer :
Has a period of 2 years from the date of issue to act
Can choose between repairing or replacing the Product, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code
Is exempted from providing proof of the existence of the lack of conformity during the 24 months following the delivery of the good if the Product is new, and during the 6 months following the delivery if the Product is sold second-hand.
The Client may also decide to act within the framework of the legal guarantee against hidden defects within the meaning of article 1641 of the Civil Code, the Client may choose between rescinding the sale or reducing the price, in accordance with article 1644 of the Civil Code.
These legal warranties apply independently of any contractual warranty.
Reproduction of applicable texts
L.217-4 Consumer Code
“The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or carried out under his responsibility. »
L.217-5 Consumer Code
“The property is in accordance with the contract:
1° If it is suitable for the use usually expected of a similar property and, if applicable:
– if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
– if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. »
L.217-9 Consumer Code
“In the event of lack of conformity, the buyer shall choose between repair or replacement of the goods. However, the seller may not proceed according to the buyer’s choice if this choice results in a cost that is clearly disproportionate to the other method, taking into account the value of the property or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer. »
L.217-12 Consumer Code
“The action resulting from the lack of conformity shall be barred after two years from the date of delivery of the goods. »
1641 of the Civil Code
“The seller is bound by the warranty for hidden defects in the thing sold that make it unfit for the use for which it is intended, or that reduce this use so much that the buyer would not have acquired it, or would have given only a lower price, if he had known them. »
1648 of the Civil Code
“The action resulting from the fundamental defects must be brought by the purchaser within two years of the discovery of the defect. […] »
8.2 Manufacturer’s warranty
Certain Products for sale on the Site benefit from a contractual warranty granted by the supplier or manufacturer of the Product, to which the Company is not directly a party.
The existence of this type of guarantee is mentioned, where applicable, on the specific page of the Product.
If the Customer wishes to use this guarantee, he/she should inform the Company by contacting Customer Service and consult the terms and conditions of application of the guarantee, which are generally included in the box concerning the Product.
It is recalled that the benefit of the Manufacturer’s Guarantee does not prevent the application of the legal provisions concerning the legal guarantee of conformity and the legal guarantee of hidden defects.
Article 9 – PROTECTION OF PERSONAL DATA
As part of the business relationship, the Company, as controller, collects a certain number of mandatory personal data (including in particular, surname, first name, delivery address, etc., which are indicated by an asterisk) which are absolutely necessary for the processing of the Order, the management of the business relationship, the production of statistics and compliance with the Company’s legal and regulatory obligations. They are kept for 5 years from the end of the Contract.
Failure by the Customer to provide this information would make it impossible to process his Order.
This data is intended for internal use by the Company but may be transmitted to companies that contribute to the performance of the service, including those that deliver the Products or process payments.
Concerning these personal data, the Client has several rights:
Right of access to personal data concerning him/her;
Right of rectification and deletion if personal data are inaccurate, incomplete, ambiguous, outdated or if the collection, use, communication and storage of certain data is prohibited;
Right to limit the processing of data, provided that this request is duly justified and does not prevent the Company from complying with its regulatory and legal obligations;
Right to object to the processing of data (in particular in the case of processing for commercial prospecting)
Right to formulate post-mortem instructions concerning the storage, erasure and communication of your personal data
Right to withdraw consent to carry out certain processing operations (processing operations carried out before withdrawal of consent remain lawful)
Right to file a complaint with the CNIL.
To exercise his rights, the Client may send a request to the Company, by means of:
a letter addressed to Agatery, 91 Rue Pierre Brunier, Caluire Et Cuire 69300
The request must mention the Client’s e-mail address, surnames, first names, postal address and must be accompanied by a copy of his double-sided identity document.
A reply will be sent within one month of receipt of the request.
Article 10 – INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specifically stated on a Product page, sales of Products on the Site do not transfer any intellectual property rights in the Products sold.
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Company or their original owner. No transfer of intellectual property rights is made through these GTC.
Article 11 – MAJOR FORCE
The Company shall not be held liable for any failure to perform its obligations hereunder in the event of the occurrence of a fortuitous event or force majeure that would prevent its performance. The Company will notify the customer of the occurrence of such an event as soon as possible.
Article 12 – EXCLUSION OF LIABILITY
Notwithstanding any provision to the contrary contained herein, in no event shall the Company be liable for any loss or damage resulting from improper use of the Product(s) by the Customer, including without limitation any modification or alteration of the Product(s) not authorized by the Company.
Article 13 – SUSPENSION – TERMINATION OF ACCOUNT
The Company reserves the right to suspend or terminate the account of a Client who contravenes the provisions of the GTCs, or in general the applicable legal provisions, without prejudice to any damages that the Company may request.
Any person whose account has been suspended or closed may not subsequently order or create a new account on the Site without the prior authorization of the Company.
Article 14 – ARCHIVING – PROOF
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
For each Order, the Order Summary is sent by email to the Customer and archived on the Company’s website.
Communications between the Company and the Client are archived on computerized records that are kept for 5 years under reasonable security conditions. These registers, on which exchanges are recorded on a reliable and durable medium, are considered as proof of communications, orders, payments and transactions between the Client and the Company. They may be produced as proof of the Contract.
The archiving of communications, the order, the details of the order, as well as the invoices is eﬀectué on a reliable and durable support in order to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the Civil Code. This information may be produced as proof of the contract.
The Client will have access to the archived elements on request at the address firstname.lastname@example.org.
Article 15 – NULLITY AND AMENDMENT OF THE GTC
If any provision of these GTC is invalid, it shall be deemed unwritten, but shall not invalidate all contractual provisions.
Any tolerance on the part of the Company, in the application of all or part of the commitments made within the framework of these GTCs, whatever the frequency and duration, shall not constitute a modification of the GTCs, nor generate any right whatsoever for the Client.
Article 16 – APPLICABLE LAW AND REGULATION OF LITIGATIONS
These GTC are subject to French law.
In case of any difficulty, Customer Service is at your disposal to find an amicable solution.
If no solution is found directly with Customer Service, the European Commission has set up a dispute resolution platform to collect any consumer complaints following an online purchase. The platform then forwards these complaints to a competent national ombudsman. You can access this platform by following the following link: http://ec.europa.eu/consumers/odr/.