General terms and conditions of sale
General terms and conditions:
These prices do not include delivery and preparation costs, which will be indicated in addition to the price including VAT. Prices include VAT applicable on the day of the order. The price indicated in the order confirmation is the final price. All orders, regardless of origin, are payable in euros. Gaspard reserves the right to change prices at any time. Products will be invoiced on the basis of the rates in force at the time of order registration. In the event of an order to a country other than metropolitan France or the European Union, you are the importer of the product(s) concerned. For certain products shipped outside the European Union and French overseas departments and territories, customs duties or other local taxes or import duties or state taxes may be payable. These duties and sums are not the responsibility of Société Gaspard. They shall be borne by the customer and are the customer's sole responsibility, both in terms of declarations and payments to the authorities and/or competent bodies in the customer's country. It is the customer's responsibility to inform Gaspard of the amount of taxes and customs duties applicable in his department, territory or country.
Cancellation, return, refusal, damage and return:
In accordance with article L. 121-20 of the French Consumer Code, the customer has a period of 14 working days from the date of receipt of his parcel to exercise his legal right of withdrawal. Return and shipping costs are at the customer's expense. The product must be returned to Société Gaspard in its original packaging along with the original invoice by post only. Physical stores do not take back items purchased online, without exception. The product must not have been unsealed or opened, in order for the customer to benefit from the right of withdrawal. Before proceeding with the return, the customer must contact Gaspard using the contact space provided on the site so that Gaspard can stipulate the conditions of return and give its prior agreement for the return of items. In the event of exercising the right of withdrawal, the customer may request a credit note or reimbursement of the sums paid, with no choice on the part of the customer; by default, a credit note in the form of a gift card will be sent. This refund or credit note will be made as soon as possible and at the latest within 30 days of receipt by Gaspard of the returned package. The amount of the compensation may be reduced by the preparation and shipping costs in the event that the value of the products relating to the cancellation and return of your order deducted from the initial amount of the order rendered the order ineligible for the "free preparation and shipping costs" promotion. Discounts, vouchers and loyalty points are permanently lost. It is however specified that, in accordance with article L.121-20-2 of the French Consumer Code, cut-to-size products, virtual products and downloadable items are excluded from this right of withdrawal, and cannot be returned or exchanged. Excluded products and products that have not received prior approval will be returned to the customer at their expense. In the event of delivery damage to items in stock, Gaspard undertakes to deliver the order within 30 days, in accordance with regulations. If the parcel shows visible damage from the outside, you must refuse the parcel, having first checked its contents, in the event of proven loss recognized by the carrier, Gaspard will ship a new order free of charge and under the same conditions as the initial order (within the limits of available stocks and will reimburse out-of-stock items where applicable). In the event of a delay of more than 30 days, a reimbursement or reshipment will be considered with the customer's agreement. Gaspard does not offer exchanges. Returns must be sent to the address provided by customer service. If the parcel is returned to the sender with the reason "refused", the order will be reimbursed in the form of a credit note minus the shipping costs incurred for its delivery. If the initial payment included free delivery, the delivery charge applied will be equivalent to the amount invoiced for a €1 order on the price list corresponding to the delivery address.In the event of a parcel being returned to sender for any reason attributable to the customer, such as not being picked up or an incorrect address, the order cannot be cancelled but will be reshipped at the customer's expense, whatever the amount, and in particular if the initial payment included free delivery.
Courses and workshops
In accordance with the provisions of article 121-21-8 of the French Consumer Code, customers may not exercise their right of withdrawal insofar as, by confirming their registration and validating their order on the site or in the store, they are subscribing to a "leisure activity service to be provided on a specific date or at a specific time". Courses and workshops cannot be returned or exchanged.
Exclusions
Items produced at the customer's request, such as wholesale or semi-wholesale orders, customization, production of an out-of-print item or specific plating, are excluded from the withdrawal period. Items sold to professionals do not benefit from the right of withdrawal, but if customer service agrees to a return, these will be reimbursed in the form of a credit note. Items sold in physical stores cannot be returned or exchanged.
Claims
The customer has a period of 14 working days from the day of receipt or collection of the parcel in the store to make a complaint to customer service by e-mail (service.client@perlescorner.com). For the complaint to be valid, the customer must attach the preparation slip (copy by post, photo less than 1 megabyte by email). After a period of 14 working days from the day of receipt of the parcel or its collection from the boutique, the sale will be deemed to be in conformity (excluding legal guarantees).
Shipping and payment terms:
After confirmation of full payment of the order, Gaspard undertakes to dispatch all products ordered by the purchaser within 30 working days. For items produced at the customer's request, such as wholesale or semi-wholesale orders, customization, production of an out-of-print item or specific plating, Gaspard undertakes to ship all products ordered by the buyer within 8 weeks (unless specific conditions are announced on the invoice or order form). This dispatch time does not take into account anti-fraud checks and/or requests for supporting documents which may be requested from time to time. Items are dispatched, together with the supporting invoice, to the delivery address indicated by the customer at the time of ordering. The delivery address is the one indicated by the customer who declares to have communicated an exact and complete address. Gaspard cannot be held responsible for an incorrect address. Gaspard cannot be held responsible for any typing errors and the consequences in terms of delays or delivery errors. In the event of an address error or unsuitable delivery method, a handling fee of €5 may apply. In this context, all costs incurred by the reshipment of the order will be entirely at the customer's expense. Gaspard reserves the right to charge a contribution to shipping costs. The amount charged is detailed and indicated before the order is validated. When the order is eligible for free shipping, only one free shipment is offered per order. When the customer orders several products at the same time, Société Gaspard reserves the right to group several orders from the same customer with the same delivery address, or to split shipments. In this case, the customer pays the delivery costs only once. Gaspard makes every effort to meet delivery deadlines. Nevertheless, Gaspard cannot be held responsible for the consequences of late delivery or loss of a parcel caused by a third party or due to an unforeseeable and insurmountable cause linked to force majeure. In the case of delivery to a "point relais", Gaspard cannot be held responsible if the parcel is delivered to a different "point relais" than the one initially chosen by the customer when validating the order. The carrier reserves the right to change the delivery address according to its own terms and conditions. The customer is obliged to check the condition of the packaging and the products delivered and to notify the carrier and Gaspard via the contact method within 48 hours.
By validating the order form, you guarantee that you have the necessary authorizations to use the payment method you have chosen. The price invoiced to the customer is the price indicated on the order confirmation sent by Gaspard. The full amount is payable in cash on the day the order is placed. Payment is made online by credit card. An order will be considered complete when all products have been shipped and you have paid in full for the products and your share of shipping costs. We will have the right to refuse delivery or to honour an order if you have not paid in full. The banking transaction between the customer and the secure system is fully encrypted and protected. The customer's bank details are not stored by Gaspard.
Legal warranties: In accordance with articles L.211-4 to L.211-11 of the French Consumer Code, you benefit from a warranty against defects in the conformity of products purchased on our site. This guarantee against defects in conformity applies to the cost of parts and labor required to bring your goods back into conformity. To be in conformity with your order, the goods must correspond to the description given on our site and possess the qualities presented or have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling. In this case, you should notify us in writing of the defects found and return the product(s) to us. If the lack of conformity is confirmed by after-sales service tests, we will exchange or repair the product, depending on the cost involved, in accordance with article L.211-9 of the French Consumer Code. In accordance with article L.211-11 of the French Consumer Code, you will be reimbursed for the cost of returning the product if the lack of conformity is confirmed. You are therefore invited to keep the receipts for your returns. If you fail to do so, you will be reimbursed at the basic postal rate for parcel delivery. Consumers wishing to avail themselves of the legal guarantee of conformity for goods purchased on our site must prove two things: - the goods sold do not conform to the contract - the lack of conformity appeared, i.e. was materially revealed, within a period of 6 months or 24 months for contracts concluded from March 2016 and this as from delivery of the goods The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted. In accordance with Article 1641 of the French Civil Code, the seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he or she been aware of them. The consumer must provide proof of a latent defect, predating the sale and preventing the use of the product. The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. |
Retention of title clause
The products sold do not become the full and complete property of the customer until full payment of the price indicated on the order form.
By full payment of the price, the parties mean receipt by Société Gaspard of the customer's payment, including charges and taxes.
Dispute
This contract is governed by French law. Gaspard cannot be held responsible for damages of any kind, whether material, immaterial or bodily, which may result from malfunction or misuse of the products sold. The same applies to any product modifications resulting from manufacturers.
In the event of difficulties in the application of the present contract, the customer has the possibility, before taking any legal action, of seeking an amicable solution, notably with the help of: a professional association in the sector, a consumer association or any other advisor of his choice. The search for an amicable solution does not interrupt the short legal warranty period, nor the duration of the contractual warranty. As a general rule, and subject to the discretion of the courts, compliance with the provisions of this contract relating to the contractual warranty assumes that the customer honors his financial commitments to the seller.
Complaints or disputes will always be received sympathetically, good faith always being presumed in those who take the trouble to explain their situation. In the event of a dispute, the customer should first contact Gaspard to obtain an amicable solution.
Failing this, the Commercial Court of Paris shall have sole jurisdiction, regardless of the place of delivery and method of payment accepted.
Warranty
The products offered by Gaspard comply with French legislation.
Gaspard cannot be held responsible for non-compliance with regulatory and legislative provisions in force in the country of receipt. Gaspard's liability is systematically limited to the value of the product in question, valued at the date of sale, without any possibility of recourse against the brand.
The articles offered by Gaspard are subject to the legal guarantee provided by the Civil Code.
Provided that the purchaser can prove it, the customer benefits from the legal guarantee against eviction and hidden defects. In the event that the purchaser applies to the courts, he must do so within the period stipulated in article 1648 of the French Civil Code, as from the discovery of the hidden defect.
In the event that the items delivered to the customer do not conform to the order, the customer must inform Gaspard's customer service department by e-mail (infos@perlescorner.com) within 48 hours of receiving the item(s), providing proof of non-conformity. After this period, the items will be deemed to be in conformity.
After agreement by Gaspard, the customer must return the items in question, unworn, in their original packaging, in perfect condition, under the same conditions of transport, with the corresponding invoice to the address indicated by e-mail.
If the above conditions are met, Gaspard will reimburse the customer as soon as possible, within a maximum of thirty days from the date of receipt by the customer.
Any warranty is excluded in the event of misuse, negligence or lack of maintenance on the part of the customer, as well as in the event of normal wear and tear or force majeure.
Intellectual property:
Elements belonging to Société Gaspard, such as the website, trademarks, designs, images, texts and product design are the exclusive property of Société Gaspard, or have been assigned to it. These general terms and conditions of sale do not imply any transfer of intellectual property rights of any kind on elements belonging to Société Gaspard (sounds, photographs, images, literary texts, artistic works, software, trademarks, graphic charters, logos...) to the customer. The customer shall not directly or indirectly infringe Société Gaspard's property rights. The customer and, in general, all visitors are prohibited from reproducing and distributing all or part of the site (logos, trademarks, images, photos, texts, etc.) in any form whatsoever.
04/19/24 version