General conditions of sale
General conditions:
Prices are displayed in euros, including VAT. These prices do not include delivery and preparation costs, which will be indicated in addition to the price including VAT. Prices include the VAT applicable on the day of the order. The price indicated in the order confirmation is the final price. Vouchers, discounts, rebates and loyalty offers are not cumulative or refundable. All orders, regardless of their origin, are payable in euros. Gaspard reserves the right to modify its prices at any time. Products will be invoiced on the basis of the rates in effect at the time the orders are recorded. In the event of an order to a country other than mainland France or the European Union, you are the importer of the product(s) concerned. For certain products shipped outside the European Union and the French Overseas 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 Gaspard. They will be the responsibility of the customer and are their sole responsibility, both in terms of declarations and payments to the competent authorities and/or organizations in their country. It is up to the customer to find out about this without being able to demand that Gaspard informs them of the amount of taxes and customs duties in their department, territory or country.
Cancellation, return, refusal and resend:
In accordance with article L. 121-20 of the Consumer Code, the customer has a period of 14 working days from the day of receipt of their package to exercise their legal right of withdrawal. Return and shipping costs are the responsibility of the customer. The product must be returned to Société Gaspard in its original packaging accompanied by the original invoice by post only. Physical stores do not take back items purchased online and this without any exception. The product must not have been unsealed or started, and this so that the customer can benefit from the right of withdrawal. Before proceeding with the return, the customer must contact the Gaspard company using the contact space made available to him on the site so that GASPARD stipulates the return conditions and gives its prior consent for the return of the items. In the event of exercising the right of withdrawal, the customer may request a credit or a refund of the amounts paid, without the customer's choice, by default, a credit in the form of a gift card will be sent. This refund or credit will be made as soon as possible and at the latest within 30 days following receipt by Gaspard of the returned package. The amount of compensation may be reduced by the preparation and shipping costs in the hypothesis where the value of the products relating to cancellation and return of your order deducted from the initial amount of the order made the order ineligible for the "free preparation and shipping costs" promotion. Discounts, discount vouchers and loyalty points are permanently lost. However, it is specified that, in accordance with Article L.121-20-2 of the Consumer Code, cut products, virtual products, downloadable items, are excluded from this right of withdrawal, they are neither taken back nor exchanged. Excluded products and products that have not had prior agreement will be returned to the customer at their expense. Gaspard does not offer exchanges. The return must be sent to the address provided by customer service. In the event that the package is returned to the sender with the reason "refused", the order will be refunded in the form of a credit note less the shipping costs incurred for its delivery, if the initial payment provided for free delivery, the delivery charge applied will be equivalent to the amount invoiced for an order at €1 on the price list corresponding to the delivery address.In the event that the package is returned to the sender for a reason attributable to the customer, not collected or incorrect address, the order cannot be cancelled but reshipped at the customer's expense regardless of the amount, and in particular if the initial payment provided for free delivery.
Courses and workshops
In accordance with the provisions of Article 121-21-8 of the Consumer Code, the customer cannot exercise his right of withdrawal to the extent that, by confirming his registration by validating his order on the site or in store, he subscribes to a " provision of leisure activity services which must be provided on a specific date or period ". Courses and workshops are neither repeated nor exchanged.
Exclusions
Items that are produced at the customer's request, such as a wholesale or semi-wholesale order, customization, production of an out-of-stock item or specific plating are excluded from the withdrawal period. Items sold to professionals do not benefit no right towithdrawal, if however the customer service gives its agreement for a return, these will be refunded in the form of a credit note. Items sold in physical stores are neither returned nor exchanged.
Complaints
The customer has a period of 14 working days from the day of receipt or collection from the store of their package to make their complaint to customer service by email (service.client@perlescorner.com). For the claim to be valid, the customer must attach the preparation voucher (copy by mail, photo of less than 1 megabyte by email). Beyond that within 14 working days from the day of receipt of the package or its collection from the store, the sale will be considered as compliant (excluding legal guarantees)
Shipping and payment terms:
After confirmation of full payment of the order, Gaspard undertakes to ship all products ordered by the buyer within 30 working days. For items that are subject to production at the customer's request, such as a wholesale or semi-wholesale order, customization, production of an out-of-stock item or specific plating, Gaspard undertakes to ship all products ordered by the buyer within 8 weeks (except specific conditions as announced on the invoice or purchase order). This shipping time does not take into account anti-fraud checks and/or requests for supporting documents that may sometimes be requested. The items are shipped with the supporting invoice, to the delivery address indicated by the customer when ordering. The delivery address is the one indicated by the customer who declares having provided an exact and complete address. Gaspard cannot be held responsible for an incorrect address. Gaspard cannot be held responsible for any data entry errors and the consequences in terms of delay or delivery error. In the event of an addressing error or choice of unsuitable delivery method, a management fee of €5 may apply. In this context, all costs incurred by the reshipment of the order will be entirely borne by the customer.Gaspard reserves the right to charge a contribution to shipping costs. The requested contribution is detailed and indicated before the order is validated. When the order is eligible for free shipping, only one free shipping is offered per order. When the customer orders several products at the same time, Gaspard Company reserves the right to group several orders from the same customer with the same delivery address or, on the contrary, to split the shipments. The customer then only pays the delivery costs once. Gaspard makes every effort to respect delivery times. However, the company cannot be held responsible for the consequences due to a delay in delivery or a loss of packages caused by a third party or due to an unforeseeable and insurmountable cause linked to a case of force majeure. In the case of delivery to a relay point, Gaspard Company cannot be held responsible in the event of delivery of the package to a relay point different from the one initially chosen by the customer when validating the order. The carrier reserves the right to modify the relay point according to its own general conditions. The customer is required to check the condition of the packaging and the products delivered and to report them to the carrier and to the Gaspard company 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 charged to the customer is the price indicated on the order confirmation sent by Gaspard. The full amount is payable in cash on the day of the order. Payment is made online by credit card. An order will be considered as settled when all the products have been shipped and you have fully paid for the products and your contribution to the shipping costs. We will have the right to refuse to make the delivery or to honor an order in the event that you have not paid for it in full. The banking transaction carried out between the customer and the secure system is fully encrypted and protected. The information related to your order and your credit card number do not circulate in clear text on the internet. The customer's bank details are not stored by Société Gaspard.
Legal guarantees: In accordance with Articles L.211-4 to L.211-11 of the Consumer Code, you benefit from a guarantee against defects in conformity of products purchased on our site. This guarantee against defects in conformity applies to the cost of parts and labor necessary to restore your property to conformity. To comply with your order, the good must correspond to the description given on our site and possess the qualities presented or present the qualities that a buyer can legitimately expect in view of the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling. 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 the 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 Consumer Code. In accordance with article L.211-11 of the Consumer Code, the return costs will be reimbursed to you, upon presentation of supporting documents, after return of your product if the lack of conformity is confirmed. You are therefore invited to keep proof of your returns.Otherwise, if you do not attach your supporting documents, you will be reimbursed at the basic postal rate for the delivery of a parcel. The consumer wishing to avail himself of the legal guarantee of conformity for a good purchased on our site must prove two things: - the goods sold do not comply with the contract - the lack of conformity has appeared, it is to say has materially revealed itself, within a period of 6 months or 24 months for contracts concluded from March 2016 and this from the 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 Civil Code, the seller is bound by the guarantee for hidden defects in 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 would have paid a lower price for it, if he had known of them. The consumer must provide proof of a hidden defect, prior to the sale and preventing the use of the product. The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. |
Retention of title clause
The products sold only become the full and entire property of the customer upon full payment of the price indicated on the order form.
By full payment of the price, the parties understand the collection by Société Gaspard of the customer's payment, including costs and taxes.
Dispute
This contract is subject to French law. Gaspard cannot be held responsible for damages of any nature, whether material, immaterial or physical, which could result from a malfunction or improper use of the products marketed. The same applies to any modifications to the products resulting from the manufacturers.
In the event of difficulties in the application of this contract, the customer has the possibility, before any legal action, to seek an amicable solution, in particular 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 period of the legal guarantee, nor the duration of the contractual guarantee. It is recalled that as a general rule and subject to the assessment of the courts, compliance with the provisions of this contract relating to the contractual guarantee assumes that the customer honors his financial commitments to the seller.
Complaints or disputes will always be received with kindness, good faith being always presumed in those who take the trouble to explain their situations. In the event of a dispute, the customer will contact the Gaspard company as a priority to obtain an amicable solution.
Failing this, the Paris Commercial Court shall have sole jurisdiction, regardless of the place of delivery and the method of payment accepted.
Guarantee
The products offered by the Gaspard company comply with French legislation.
Gaspard cannot be held responsible for non-compliance with the regulatory and legislative provisions in force in the receiving country; Gaspard's liability is systematically limited to the value of the product in question, value on its date of sale and this without any possibility of recourse against the brand.
The items offered by Gaspard are subject to the legal guarantee provided by the civil code.
Provided that the buyer provides proof, the customer benefits from the legal guarantee of eviction and hidden defects.In the event that the buyer goes to court, he must do so within the time limit provided for in Article 1648 of the Civil Code, from the discovery of the hidden defect.
In the event that the items delivered to the customer do not comply with the order, the customer must inform Gaspard customer service by e-mail (infos@perlescorner.com) within 48 hours at the latest following receipt of the item(s), by producing the elements establishing this non-conformity. After this period, the items will be deemed to be compliant.
After Gaspard's agreement, the customer must return the items in question, unworn, in their original packaging, in perfect condition, under the same transport conditions, with the corresponding invoice to the address which will be indicated to him 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 in the event of normal wear and tear or in the event of force majeure.
Intellectual property:
The elements belonging to Société Gaspard, such as the website, brands, 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 entail any assignment of any kind of intellectual property rights on the elements belonging to Société Gaspard (sounds, photographs, images, literary texts, artistic works, software, brands, graphic charters, logos, etc.) for the benefit of the customer. The customer is prohibited from directly or indirectly infringing the property rights of Société Gaspard. The customer and, in general, any visitor is prohibited from reproducing and distributing all or part of the site (logos, brands, images, photos, texts, etc.) in any form whatsoever.
Version of 04/19/24