General Terms & Conditions
GIMACC The Company is a French company registered in Paris in the commercial register under number RCS Paris 798 080 016. Its registered office is located 5 rue Jules Lefebvre 75009 Paris – France. The Company holds GIMACC TER brand and other figurative or any other illustration, image or logo appearing on the articles, accessories or packaging whether registered or not, and will remain its exclusive property.
The Company markets products GIMACC TER in France and abroad. The TER creations include distributed on its merchant website “http://www.ter-paris.com”.
Thus the GIMACC Company complies with the rules in force in France and another in particular the Consumer Code (art L.111-1, L.113-3 and L.121-18).
ARTICLE 3. SCOPE OF APPLICATION
These general conditions of sale apply, without limitation or qualification, to all sales carried out remotely via the website of the Company available for the domain www.ter-paris.com and national versions of the domain (hereinafter, the “Site”) for customers having their usual residence in France.
Sales made on the Website and governed by these terms and conditions are exclusively reserved for taking orders by major client individuals acting as final consumer and habitually resident in France, (hereinafter, the “Client “).
ARTICLE 4: ACCEPTANCE OF TERMS
Order intake are subject to the full acceptance without reservation by the Customer of the conditions listed below, acting for their own account; Customer is his own and knowingly.
The Company reserves the right to modify or update at any time these terms and conditions, by posting relevant changes. The conditions applicable to the order of an article by the Customer are those in effect on the date of the order.
ARTICLE 5: ORDER OF ARTICLES
5.1 Creating a Customer Account
At its first order, the Customer can create an account on the site and complete a form required fields to validate his registration are indicated by an asterisk. To open the account, the Customer must provide a username (email address) and a password. The Customer may decide to place an order without creating a customer account.
5.2 Ordering Process
Customer must follow the steps specified on the Site. It should initially fill his basket with desired items, identify, specify the address of delivery and billing, as well as the payment method. In case of prolonged inactivity of the connection, it may be that the current command becomes inactive, in this case the client must start the purchase process from the start. It is reminded to the Customer, before placing the order, the essential characteristics of products (description, additional information and exact dimensions) that are the subject of the order and their prices. The Customer has the possibility, before confirming their order, to verify the details of his order and its total price, and correct, if necessary, any errors. Once the customer confirms the order, it becomes final and can not be canceled or modified.
5.3 Acceptance of the order
Once the order is finally validated by the Company, the Customer will receive an email of acceptance of the order summarizing all the information on it. It is only then that the sale contract will be concluded. The Company may refuse an order if the bank or payment centers indicated by the Customer refuse their agreement on the transaction. The Company also reserves the right to refuse orders for any reason, especially in case of insufficient stocks, of items too large orders, existing dispute with the Client or not full or partial payment of an order Previous Client.
5.4 Liability of the Client
The information transmitted by the Customer when placing the order engages this one. On error the Customer regarding information he provides, he will be responsible for any consequences that result, including for loss of items ordered.
ARTICLE 6: INFORMATION RELATING TO ARTICLES
6.1 Description of items
Each of the items offered for sale on the Site is subject to a detailed presentation accompanied by the composition and dimensions of the product. Although photographs and other items are reproductions on the Site and within the limits of technology and in compliance with industry standards, it can not be a perfect representation of the items.
Customers, however, can obtain additional information by contacting the Company by email at: firstname.lastname@example.org.
The Company makes every effort to show with great accuracy the colors of the products on the Site. However, computer monitors vary and the Company can not guarantee that the screen used by the Customer displays the real colors.
In case of manifest error in the description of items or their representative, the responsibility of the Company can not be held.
6.2 Availability articles
The offers of products are valid only if they are offered on the Site and as supplies available on the date the Client places his order. In case of unavailability of an article after placing the order, the Customer will be informed by email. This letter will inform, if necessary, the Customer of the date of availability of the article. The unavailability of one or more articles does not affect the rest of the order. If the item is permanently unavailable or if the Customer does not wish to wait for the availability date of the article, it will be refunded the price corresponding to this article within 30 days from the date of payment by the Client.
ARTICLE 7: PRICES OF ARTICLES
Prices for items displayed on the Site are in Euros and include all taxes (VAT), excluding any delivery charges. Delivery charges are indicated to Customer As the choice of items and delivery method. The total amount is indicated to Customer at the end of the order process before final confirmation of his order.
The Company may change prices at any time, but the price charged to the customer is that in force at the time of placing the order, subject to availability on that date. The customer will receive, upon delivery, for each item purchased, written confirmation of the price paid and delivery costs charged to it, if any.
ARTICLE 8: PAYMENT TERMS
8.1 Payment Methods
Settlement of Customer purchases can be made:
By credit card: network are only accepted cards Carte Bleue “CB”, Visa and Eurocard / Mastercard issued by a bank or financial institution located in the European Union.
By the payment service Paypal
If the customer opts for a credit card payment, it ensures to the Company that he is the owner of the credit card used and that the name on this bank card is his or that it has been authorized to use this bank card by its owner. The customer provides the number of his bank card, its expiration date and CVV numbers / security code on the front or back of it.
8.2 Payment Security
For credit card payment, the Company provides a secure payment system and preserves the confidentiality of the data by the method of encryption of credit card information during transmission.
ARTICLE 9: RESERVATION OF OWNERSHIP
The Company reserves ownership of products until full payment of their price by the Customer in principal and interest. Payment is made to the actual collection of the price. In case of full or partial non-payment, the Company may, without prior notice or claim the items that have been delivered by the Company to the Customer or the consignee of the goods. Risks relating to the product will be transferred to Customer at the time of delivery.
ARTICLE 10: DELIVERY
10.1 Place of delivery
Items can only be delivered to the delivery address indicated by the Customer when ordering. The Company reserves the right to refuse to deliver the items in hotels, PO boxes, or other temporary or invalid address.
10.2 Shipping costs
Shipping fees are those indicated on the Site.
The deadline for delivery of the items is indicated on the summary page that the customer must consult before confirming their order. In all cases, deadlines and delivery dates are indicative only, without being able to bind the Company has 30 days later to complete delivery of the order. A delivery delay could result in cancellation of the order, nor any right to compensation to the Client. Customer agrees that an order may be subject to partial deliveries, they can not be compensated.
In case of late delivery, the Customer must require the Company to make delivery within a reasonable additional time by registered letter with acknowledgment of receipt or written on another durable medium, according to the legal definition, the address: GIMACC – TER, 5 rue Jules Lefebvre, 75009 Paris, France. If within this period the Company has not completed the delivery of the products, the Customer may cancel the sale by registered letter with acknowledgment of receipt or written on another durable medium to the address above. The contract will be broken upon receipt by the Company of the written informing of the resolution if the item was not delivered between the sending and receiving of this writing. The Customer will be refunded at the latest within 14 days of the date on which the contract was terminated.
All goods sold at the risk and peril of the buyer, regardless of the mode of transport. In case of damage or missing, it is up to the recipient to make the necessary reservations with the carrier before taking delivery. These reservations must necessarily relate to a material finding, not a single event of damage or lack of merchandise. It is then imperative to confirm the claim to the carrier having made the delivery within a maximum of 24 hours of the receipt of packages with a copy to the Company for information, and by registered letter with acknowledgment of receipt. These reserves will, in all cases, detailed precisely on the carrier’s receipt. The Customer may exercise any of these cases mentioned above to reject the goods, reduce or delay payment of the stipulated price.
ARTICLE 11: RIGHT OF WITHDRAWAL
11.1 Legal Right to cancel
The Customer has a statutory right of withdrawal he can exercise as provided by Articles L. 121-21 et seq of the Consumer Code if it meets the conditions of those provisions without having to justify its decision or pay costs or penalties, except for direct costs return. The legal withdrawal period is 14 days from receipt of goods.
After this period, the Customer can no longer exercise his right of withdrawal. To exercise his right of withdrawal, the customer contact customer service by email at: email@example.com; the Company will send to the Customer an acknowledgment of withdrawal. The Customer must return the items to the Company immediately after the communication of its decision to withdraw in accordance with the above conditions. The items must be returned in their original packaging, in perfect condition, complete (accessories, manuals, warranty …), properly protected, and the Customer must provide all information necessary to identify the relevant purchase. Articles exchange will be accepted only when new, unworn, unwashed and retouched. Any item damaged, incomplete, soiled, or whose original packaging has been damaged will not be returned or exchanged by the Company.
The Customer must provide proof of returning the items to get reimbursement. To do so, the Customer must return the items by any means giving a certain date. The refund includes the price of products and shipping outside the additional costs caused by a shipping method chosen by the Customer that would be more expensive than the standard delivery method proposed by the Company. The repayment of these are taken at the latest within 14 days of the date the Company was notified by the Customer of its intention to withdraw, provided the bank details necessary for repayment has been submitted to the Company. According to the bank’s processing time of the Client, it can take up to 10 working days to make a refund to the Customer’s credit card. This period varies between card issuers and the Company is not able to speed up that process.
ARTICLE 12: COMPLIANCE – GUARANTEE – RESPONSIBILITY
12.1 With regard to product Leather, the Customer is informed in his lifetime and naturalness: the Leather patina over time, its colors may be qualified by prolonged exposure to sunlight or artificial light. Finally, in very rare cases, the colors of some leathers can disgorge on light colored clothing; it is recommended to avoid prolonged contact with water, moisture enhancing color migration on clothing. Similarly, it is recommended to protect the leather from heat sources that may change the characteristics. The liability of the Company can not be held on the above points.
12.2 The Company held the following guarantees to the exclusion of all other warranties:
Legal guarantee of conformity: the Company will deliver the Customer a conforms to the contract and free from conformity defects upon delivery in the sense that the property will be clean for the purpose usually associated with such a product and that it will present the characteristics presented them to the order and its acceptance. This warranty will play only if the customer requests it within two years from the delivery by contacting Customer Service by email at: firstname.lastname@example.org.
Legal guarantee against hidden defects: the Company will deliver to the customer goods free of latent defects which render it unsuitable for the intended use, or that decrease this use that the buyer would not have acquired, or would have paid a lower price if he had known. This warranty will play only if the customer requests it within two years after discovery of the defect by contacting Customer Service by email at email@example.com.
In all cases, it is up to the Customer to prove that he fulfills the conditions of the warranty.
The liability of the Company is particularly excluded in case of improper use of the product (weight and / or volume transported disproportionate to the normal capacity of the article, manifest lack of care resulting in the deterioration of leather, living matter and natural or metal accessory …).
The liability of the Company is also particularly excluded for damages which would not be the direct consequence of a fault of the Company and in particular in case of force majeure, as defined by the French courts, in case fault of the Customer or due to unpredictable and insurmountable a third contract. The obligations and guarantees of the Company will be suspended for the duration of any event of force majeure as defined by case law.
ARTICLE 13: CUSTOMER RELATIONS
For any questions related to navigation on the Site, order taking, customer account information on offers and items on the site, monitoring of orders, requests for returns and refund articles, Service After Sales, Customer may contact Customer Service by sending a request by e-mail at: firstname.lastname@example.org.
ARTICLE 14: INTELLECTUAL PROPERTY RIGHTS
The Company holds all the copyrights on the content of the Site. Its brands, logos, domain names, downloadable documents, photographic and audiovisual representations and all related distinctive signs are considered as intellectual works on which the Company owns all intellectual and commercial property.
In accordance with the Code of intellectual property and international treaties and agreements, any reproduction, disclosure, distribution, representation, translation, diffusion, modification, transcription, partial or total, whatever the medium and whatever the process used is strictly prohibited unless express permission of the Company. The documents may be copies for information purposes only, the copy is reserved for private use only.
With the exception of the circumstances referred to above, all other reproduction and / or representation of the Website shall be subject to express prior authorization from the Company. For this purpose, any request for authorization must be sent to the following address: GIMACC – TER, 5, rue Jules Lefebvre, 75009 Paris, France.
In addition, all the elements concerning TER marks mentioned in this site are registered and therefore protected. Any use of these elements can be made without the prior, express and written of their owner, subject to prosecution.
Furthermore, unless express written consent of the Company, the user is not allowed to place on its own website a hypertext link to the Site and / or the pages it contains. Any request for authorization must be sent to the following address: GIMACC – TER, 5, rue Jules Lefebvre, 75009 Paris, France.
ARTICLE 15: PROTECTION OF PERSONAL DATA
Personal information, such as name, email address, phone number, shipping address, billing address and credit card number provided by the customer are essential for processing and delivering orders, the preparing invoices and warranty contracts. Failure to supply such information will invalidate the order. By registering with the Site, the Customer agrees to provide the Company with sincere and true information about him.
The Company undertakes not to communicate, assign or transfer information about its customers to third parties for processing specific to them, without the Customer has given his express consent. However, the Company could be required to transmit the Customer’s personal information to a prevention against fraud agency to conduct banking security checks.
The personal data may be transferred to third parties without the prior consent of the Customer, if the communication is necessary or legally required (eg, at the request of the police, the judiciary or other competent bodies).
Under the Data Protection Act of 6 January 1978, the collection and processing of personal data has been declared to the Commission Nationale Informatique et Libertés (CNIL).
The Customer has a right to access, rectify and oppose any data concerning seizures on the Site by making his application and proving his identity to the following address: GIMACC – TER, 5 Rue Jules Lefebvre, 75009 Paris, France.
The Customer may at any time modify their personal information by visiting the Site, to “access my account” and identifying themselves with their email address and password.
Customer agrees, by his purchase, receive promotional emails from the Company. It may also receive such letters of the Company’s partners, he accepted. Customer may request not to receive such emails from the Company at any time by clicking the link provided for this purpose and inserted in the footer of each of the letters received.
ARTICLE 16: NO WAIVER
The fact that the Company refrains to require at any given time the performance of any provision of these terms and conditions shall be construed as a waiver to later invoke said total or partial failure.
ARTICLE 17: VALIDITY OF TERMS
If any provision of these terms and conditions is declared void in whole or part, the other provisions and other rights and obligations arising from these terms and conditions of sale remain unchanged and applicable.
ARTICLE 18 INFRINGEMENT AND UNFAIR COMPETITION:
The Customer is prohibited under penalty of prosecution, to reproduce in whole or in part models of products or goods he has purchased or will have seen. It is also forbidden to pass on to any third party information for the total or partial reproduction of models, products or goods from our Company. Otherwise, the customer is guilty of complicity of forgery and could be prosecuted under this head. The buyer shall notify the Company immediately whenever it becomes aware of any act of unfair competition or any infringement of the intellectual property right owned by the Company and any protest raised by a third party, in pleading because of sales of an intellectual property right which the third party in question claimed to be the holder.
ARTICLE 19: DISPUTES – APPLICABLE LAW
These general conditions of sale are subject to French law.
In case of difficulty arising in the order or delivery of the items sold on the Site, the Customer should first contact the Company to find an amicable solution.
Otherwise, and in disputes relating to the interpretation, implementation or termination of this contract, the Commercial Court of Paris shall have sole jurisdiction, even in case of multiple defendants, which is in presence of an action brought under a civil or commercial contract, or action based on articles 1382 and following of the Civil Code. If the dispute is not serious and requires urgent measures, only the President of the Tribunal de Commerce de Paris ruling in chambers will have jurisdiction. Whatever the place of delivery, mode and payment, conferring jurisdiction competence is formal and in any case, there can be no novation or derogation to this clause.