GENERAL CONDITIONS OF SALE OF GIPSY
1. SCOPE OF THE GENERAL CONDITIONS OF SALE
1.1 The relationships between:
- The company GIPSY, a simplified joint-stock company with capital of 40,000 euros, whose registered office is located at 350 Bd Clément ADER 14 123 IFS, registered with the RCS of CAEN under number 324 310 473 (hereinafter the "Company”),
- And any consumer as defined by French law and jurisprudence (hereinafter the "Buyer") browsing the merchant website available at www.gipsytoys.com (hereinafter the "Site") operated by the Company and placing an order for the Company's products available on the Site (hereinafter the "Product"), are governed by these General Terms and Conditions of Sale (hereinafter the "GTCS").
1.2 The Buyer is invited to carefully read the GCS which can be consulted at any time via a hypertext link present on all the pages of the Site.
Prior to any transaction, the Buyer must read the GCS and materialize his acceptance of the GCS by checking the box "I have read and accept the General Conditions of Sale and accept the personal data processing policy of the site ».
1.3 The Company reserves the right to adapt, modify or update the GCS at any time.
The GCS applicable to an order are those in force on the day of confirmation of the order by the Buyer.
1.4 If one or more stipulations of the GCS are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations retain their full force. and their scope.
The fact for one of the Parties not to avail itself to the other Party of a breach of any of the obligations referred to in these GCS cannot be interpreted for the future as a waiver of the obligation in question.
2. ORDERING TERMS
2.1 The Buyer may place an order for Products offered for sale on the Site provided that he has the legal capacity to contract.
Minors will not be able to place an order on the Site.
As part of the ordering process, the Buyer guarantees the accuracy of the information he provides and guarantees that he has the capacity to contract.
Orders made on the Site are delivered in metropolitan France, Germany, Belgium, Luxembourg, Netherlands, Austria, Denmark, Spain, Finland, Portugal, Greece, Italy and Sweden.
2.2 The Buyer agrees not to resell the Products.
The Buyer will not be able to place an order for Products on the Site, if this exceeds, per day, the following maximums: 15 identical pieces.
2.3 Order procedure:
1) Choose items and add to basket: the Buyer selects one or more Product(s) offered on the Site, which will be added to the basket,
2) Confirm contents of the basket: by confirming their basket, the Buyer initiates the ordering process,
3) The Site identifies the Buyer's credentials: the Buyer must specify their title, surname, first name, telephone number, email address and postal address. The Buyer undertakes to communicate the exact data of his identity,
4) Selection of billing address ,
5) Choose delivery method: the Buyer must choose one of the delivery methods proposed on the GIPSY site: Relay point, Colissimo, Chronopost (for more information, please consult the DELIVERY section).
When choosing the delivery method, the Buyer is informed of the amount of delivery costs and delivery times.
After validation of his order, the Buyer cannot modify the desired place of delivery.
6) Acceptance of T&Cs: the Buyer must read the present T&Cs which will be available by means of a hypertext link and tick the box "I have read and accept the General Terms and Conditions of Sale and accept the site's personal data processing policy",
7) Payment gateway: the Buyer is automatically transferred to the secure payment gateway server "Monetico Paiement" operated by Crédit Mutuel-CIC in its capacity as the Company's payment provider.
8) Choose payment method: the Buyer selects their payment method by credit or debit card issued on an account domiciled in France, Germany, Belgium, Luxembourg, the Netherlands, Austria, Denmark, Spain, Finland, Portugal, Greece, Italy or Sweden, using a Carte Bleue, a Visa card or a MasterCard,
9) Payment validation: the Buyer must enter their card number, its expiration date and the visual cryptogram.
By making this payment, the Buyer guarantees that he is fully authorized to use the payment card for the payment of his order and that this card gives access to sufficient funds to cover all the costs resulting from this order.
By communicating the details of the credit card, the Buyer accepts that the Company proceeds to the secure transaction.
The payment is secure and as such, depending on his method of payment, the Buyer receives a bank verification SMS
10) Transfer of order ,
11) Order confirmation: by sending an email as soon as possible.
It is up to the Buyer to save and print his payment certificate if he wishes to keep the bank details relating to his transaction.
It is specified that the order is validated and dispatched only after confirmation of the validity of the payment made by the Buyer.
The Buyer may return and view all the stages of the order, at any time, before the final validation of the payment, in order to modify or cancel it.
2.4 Confirmation of the order by the Company
After confirmation of the order by the Buyer under the conditions recalled below, a summary of the order, printable and recordable, is displayed detailing all the essential conditions of the order, including the references of the order.
The Company sends, to the email address provided by the Buyer, an order confirmation email as soon as possible following the validation of the payment. This email, acknowledging receipt of the order, details all the essential conditions of the order, namely:
- the order reference;
- the identity and contact details of the Buyer;
- the nature, quantity and price of the Products;
- a reminder of delivery times, costs, terms and any restrictions;
- the total amount of the order (including delivery costs);
- information relating to the identity of the Company and its contact details;
- the rights and guarantees of the Buyer as recalled in article 10 of the GCS and the conditions, deadlines and procedures for exercising his right of withdrawal recalled in article 6.1. of these T&Cs
- the withdrawal form;
- where applicable, the fact that the Buyer bears the cost of returning the Product in the event of withdrawal;
- the mention that an email specifying the parcel number linked to the order will be sent to the Buyer when the order is dispatched.
- A link to follow the different stages of the order.
- An e-mail will be sent to the customer specifying the tracking number of the package as soon as it is shipped.
In the event of suspicion of the fraudulent nature of an order, the Company reserves the right to ask the Buyer, as soon as possible, for additional documents in order to verify the non-fraudulent nature of the latter.
In the event that, for any reason whatsoever (exceeding the order ceiling, opposition, refusal of the issuing center to authorize payment, etc.), the debiting of the sums owed by the Buyer proves impossible, the order will not be recorded by THE COMPANY, which will immediately inform the Buyer by email. The Company then reserves the right to suspend or cancel any order and/or delivery.
2.5 Shipping the order
Orders are processed within a maximum of three (3) working days from the confirmation of the order.
It is reminded that the order is sent to the Buyer only after confirmation of the validity of the payment made by the Buyer.
Once the order has been validated and confirmed, it is sent to the delivery address provided by the Buyer during his order.
The shipment is the subject of an email sent to the Buyer under which the Company specifies:
- the parcel number so that the Buyer can be aware of its tracking,
- the nature, quantity and price of the Products,
- the total amount of the order,
- billing and delivery details,
- information relating to the guarantees as recalled in article 10 of the GTC, to the functionalities of the digital content,
- the Buyer's rights and in particular the reminder of the conditions, deadlines and procedures for exercising his right of withdrawal mentioned in article 6.1. of these T&Cs accompanied by the withdrawal form.
2.6 Non-compliance by a Buyer with the conditions of article 2 entitles THE COMPANY to refuse the order.
2.7 When the Buyer's order is for a sum equal to or greater than 120 euros, the Company shall ensure the preservation of the writing via the PRESTASHOP software package which records it for a period of 10 years and guarantees access to the Buyer at any time if the latter so requests.
3. PRODUCTS
3.1 The Company indicates on each page of the Site relating to a Product the essential characteristics of the Product and its price. The characteristics mentioned on each product page are those communicated to the Company by the suppliers of the Products. The Company cannot be held responsible for any consequences related to this information.
The images and/or colors of the Products on the Site may not correspond to the actual colors of the Products. They are only indicative and have no contractual value.
The Company may modify the assortment of Products and services offered for sale on the Site at any time, without prejudice to the orders placed by the Buyer.
3.2 The Buyer acknowledges having all the information necessary for his order and its validation.
3.3 The offers presented by the Company are valid as long as they are announced on the Site and within the limit of available stocks. In the absence of availability of a Product, the Company undertakes to inform the Buyer as soon as possible, either when establishing the order, or after registration of the order and before delivery by e-mail.
In the event of a total or partial unavailability of the Product after placing the order, the Buyer will be informed by e-mail of the delivery of a partial order or of the cancellation of his order.
In the event of unavailability of the Product, the amount of the order will be recalculated and the Buyer will be debited with the new amount, minus the missing products.
If the order is completely unavailable, the Buyer will be notified by e-mail and will not be charged or will be refunded. In this case, the Company cannot be held responsible for any prejudice suffered by the Buyer, nor liable for any damages.
4. PRICE
The prices are indicated in euros all taxes included (TTC). The price is payable in full and in a single payment when ordering.
The Company reserves the right to modify its prices at any time but undertakes to apply the prices which will have been indicated at the time of the confirmation of the order by the Buyer, subject to the availability of the Products on that date.
The price of the Products does not take into account the shipping costs relating to the delivery of the Products which will be invoiced in addition.
These shipping costs will be displayed automatically during the validation of the order by the Buyer.
5. DELIVERY AND RECEIPT
5.1 Delivery methods
Delivery is free in mainland France from €50 of purchase.
Here are the choices of delivery which are available to you whilst your order is being validated:
- Free pick-up from our office in the IFS.
You can pick up your package directly from our office once you have received the confirmation by email.
Our offices are located at:
GIPSY - 350 Boulevard Clément Ader 14123 IFS.
We are open from 8:30 am to 12:30 pm and from 1:30 pm to 5:00 pm from Monday to Friday.
Please do call us on 02.31.35.81.81 before picking up your package to make sure that we are open.
- Delivery at Relay Point
Delivery will be made within 3 to 5 days via your retailer.
You will receive a text message or an e-mail inviting you to pick it up as soon as your package is available at your retailer. Please make sure you have an official form of ID when collecting your package.
- Delivery by Colissimo Domicile sans signature
With Colissimo, your package will be delivered within 48 to 72 hours. If you are absent, a notice of passage will be left for you allowing you to choose a new delivery date on the Internet within 6 working days or to collect your parcel the next day at 3pm in the post office of your choice.
You will be able to collect your parcel from your local post office within 15 days should you not make a choice.
You can follow the tracking of your package at any time via www.laposte.fr
- Delivery by Chronopost
Delivery will be made to the address you have specified within 24 to 48 hours.
If you are unavailable, a notice of attempted delivery will be left for you allowing you to choose a new delivery date on the Internet within 6 working days or to collect your parcel the next day at 3pm in the post office of your choice.
You will be able to collect your parcel from your local post office within 15 days should you not make a choice.
You can follow the tracking of your package at any time via www.laposte.fr
Only delivery by Colissimo will be possible for large stuffed animals (mentioned as "giant stuffed animals" on the website).
The following table shows a summary of delivery charges for mainland France (excluding for Giant Stuffed Animals):
|
Country |
Relay point |
Home delivery |
Express Delivery |
||
|
Mainland France |
Less than 50 € |
More than 50 € |
Less than 50 € |
More than 50 € |
Whatever the amount |
|
€ 4.90 |
Free |
€ 6.90 |
Free |
€ 15.90 |
|
Outside of France, delivery is possible in Germany, Belgium, Luxembourg, Netherlands, Austria, Denmark, Spain, Finland, Portugal, Greece, Italy and Sweden.
Home delivery will be made within three to eight days.
The following table shows a summary of shipping costs by country:
|
Country |
Home delivery |
||
|
Less than €60 |
Over €60 |
Over €65 |
|
|
Germany |
€ 9.90 |
Free |
Free |
|
Austria |
€ 14.90 |
€ 14.90 |
Free |
|
Belgium |
€ 9.90 |
Free |
Free |
|
Denmark |
€ 14.90 |
€ 14.90 |
Free |
|
Spain |
€ 14.90 |
€ 14.90 |
Free |
|
Finland |
€ 14.90 |
€ 14.90 |
Free |
|
Italy |
€ 14.90 |
€ 14.90 |
Free |
|
Greece |
€ 14.90 |
€ 14.90 |
Free |
|
Luxembourg |
€ 9.90 |
Free |
Free |
|
The Netherlands |
€ 9.90 |
Free |
Free |
|
Portugal |
€ 14.90 |
€ 14.90 |
Free |
|
Sweden |
€ 14.90 |
€ 14.90 |
Free |
You can contact us via the following e-mail address: gipsy@gipsytoys.com so that we can provide you with a quote for any other country which is not listed in this table.
5.2 Delivery time
The Company undertakes to deliver the Products ordered by the Buyer within a maximum period of thirty (30) days from the day following that on which the Buyer validated his order, subject to full payment of the price.
However, delivery times cannot be guaranteed in the event of an event of force majeure and in particular in the event of a strike external to the Company.
The Buyer must notify the Company of any delay in delivery as soon as possible by contacting the company via the "Contact" section.
If during this investigation, the order is found, it will be immediately redirected to the place of delivery designated in the order.
If the delivery has not been made within thirty (30) days from the confirmation of the order, the Buyer may request the reshipment of the order by the Company by formal notice sent by registered letter with acknowledgment reception.
If the Company has not complied within a reasonable time from receipt of the letter of formal notice, the Buyer may terminate the contract by registered letter with acknowledgment of receipt, thus canceling the order.
The sums paid by the Buyer will be fully reimbursed to him within 14 days from the date on which the contract was terminated.
5.3 Receipt of delivery
The delivery of the order is deemed to have been made upon delivery of the Products to the Buyer, materialized by the signature of a delivery note or the signature of the parcel relay receipt by the Buyer.
After delivery:
For all deliveries, the Buyer can download his invoice on the company's website in the HISTORY AND DETAILS OF MY ORDERS section.
It is recalled that under article L. 216-4 of the Consumer Code, any risk of loss or damage to the Products is transferred to the Buyer when the latter or a third party designated by him, and other than the carrier proposed by the professional, takes physical possession of these Products.
The Buyer is expressly informed that it is his responsibility, upon delivery of the package, to check its general condition (damage, damaged package, etc.) as well as its contents and to ensure that it complies with its order (nature, number, etc.).
In the event of Products being damaged or not corresponding to the order, the Buyer must imperatively assert his comments or his express and written reservations on the delivery note or the receipt of the parcel relay and notify it within a maximum period of two (2 ) days to the Company by e-mail addressed to conso@gipsytoys.com. The Company will immediately contact the Buyer to inform him of the steps to follow. The Purchaser must return, within one week, the complete, unused Products, in their original packaging. The return is made by post, accompanied by the return form possibly communicated by the Company and the invoice, indicating the reason for the refusal on the return form or on the invoice, to the following address: GIPSY 350 Boulevard Ader 14123 IFS.
The Buyer will have the proof of deposit stamped, which he will keep.
In the event of non-compliance with the above return terms, the return is considered canceled and the Buyer must keep the product.
After receipt of the Products and verification of the non-conformity and/or the defect invoked, the Company will proceed, at the Buyer's choice, either:
(i) to a new delivery in accordance with the order within the limits of available stocks,
(ii) to exchange the Product for a similar product
(iii) to the cancellation of the order, without this entailing the slightest cost to be borne by the consumer.
In the event of cancellation of the order, the Company will reimburse the sums paid by the Buyer, including the return costs, within a maximum period of thirty (30) days from its receipt by the Company. No other compensation may be claimed from the company.
According to article L. 217-13 of the Consumer Code, the existence of the action in guarantee of conformity cannot have the effect of depriving the consumer of the right to exercise the action in guarantee of hidden defects as it results from articles 1641 et seq. of the Civil Code.
6. RETURNS AND RIGHT OF WITHDRAWAL
6.1 The Buyer has a period of 14 days from the date of receipt of the Products to exercise his right of withdrawal and request the exchange or refund of all or part of his order without having to justify reasons. .
The withdrawal period starts on the day after having received the products. This will roll over to the next business day should this 14-day period normally expire on a Saturday, Sunday or on a public holiday.
6.2 The Buyer shall make their request for withdrawal by filling in the standard withdrawal form available here or by sending an email with the same information as the standard withdrawal form to conso@gipsytoys.com.
The Company informs the Buyer by email of the receipt of his request for withdrawal upon receipt of said request.
The Buyer must then follow the instructions given to him in this email to proceed with the return of the Products. In particular, the Buyer will have a period of 14 days from the sending of his request for withdrawal to proceed with the return of the Products to the following address: GIPSY 350 Boulevard Ader 14123 IFS.
6.3 In addition, it is recalled that for goods that cannot be sent by standard La Poste, the Buyer must bear the cost of returning the Products subject to the retraction.
The Products can only be taken back by the Company if they are complete, that they have not been used, that they are not damaged and that they are returned in their original packaging intact, accompanied by the receipt. of return possibly communicated by the Company and of the invoice.
Failing return of the Products within 14 days from the day of actual receipt of the order, the order is deemed final and no refund can be made under the right of withdrawal legally recognized to the Buyer.
The Company undertakes to reimburse the Buyer for all sums paid, including delivery costs, within 14 days from the date on which the Company is informed of the buyer's decision. Buyer to retract, according to the payment method used by the Buyer.
7. CUSTOMER SERVICE
For any specific questions, customer service can be reached by email at conso@gipsytoys.com.
8. RESPONSIBILITY
8.1 No party is responsible for the total or partial non-execution of its obligations under the GCS if this non-execution is caused by an event constituting a case of force majeure, by the occurrence of an event attributable to the other party or any damage inherent in the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses on the Site.
Are considered as cases of force majeure, events fulfilling the criteria set by article 1218 of the Civil Code and case law, as well as cases of strike.
The party invoking an event constituting force majeure must notify the other party within 5 working days following the occurrence of this event.
8.2 The parties agree that they must consult each other as soon as possible in order to jointly determine the terms of execution of the order for the duration of the case of force majeure.
8.3 It is recalled that the responsibility of the Company cannot be engaged for facts related to problems subsequent to the receipt of the order by the Buyer.
9. GUARANTEES
The Company is liable for lack of conformity of the Products delivered to the Buyer under the conditions of articles L. 217-4 and following of the Consumer Code and hidden defects of the Products sold under the conditions provided for in articles 1641 and following of the Civil Code.
9.1 Legal guarantee of conformity
The terms of the following articles of the Consumer Code are recalled:
- Article L. 217-4 of the Consumer Code :
“The seller delivers 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 L. 217-5 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 good and, where applicable:
- if it corresponds to the description given by the seller and possesses 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 in view of 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 use sought by the buyer, brought to the attention of the seller and which the latter has accepted. »
- Article L. 217-12 of the Consumer Code :
"The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods ».
When acting as a legal guarantee of conformity, the consumer:
- has a period of two years from the delivery of the property to act;
- can choose between repairing or replacing the good, 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 of the good during the six months following the delivery of the good. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods.
The legal guarantee of conformity applies independently of any commercial guarantee granted.
9.2 Legal guarantee against hidden defects
In particular, the terms of the following articles of the Civil Code will be recalled:
- Article 1641 of the Civil Code :
"The seller is bound by the warranty 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 less if he had known them ».
- Article 1648 of the Civil Code, first paragraph :
“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect”.
The Buyer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code and, in this case, he may choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the civil code.
10. PROCESSING OF PERSONAL DATA
The Buyer is invited to carefully read the general conditions of use of the Company which can be consulted at any time via a hypertext link present on all the pages of the Site.
11. LITIGATION – MEDIATION – APPLICABLE LAW
11.1 Orders of Products on the Site and the GCS are subject to French law.
11.2 In the event of difficulty relating to an order for Products on the Site or to the application of the GCS, the Company and the Buyer must attempt to find an amicable solution, following a written complaint from the Buyer.
In the absence of an amicable settlement, the Buyer may seize, within a maximum period of one year following his written complaint to the Company, the following consumer mediator :
The FEVAD e-commerce mediator service
60 rue la Boétie – 75008 Paris
Email: mediateurduecommerce@fevad.com
In the absence of agreement, any dispute relating to an order for Products on the Site or the application of these GCS will be submitted to the competent French courts.
*****