Conditions Général de Ventes
Legal
The legitimacy of marketing and communication of the models offered by Maison Gabrielli is based on the fact that they result from the customization of original models previously acquired from authorized retailers by the brands in collaboration with our company.
Preamble
The Company strongly encourages Users to carefully review these General Terms and Conditions of Sale and Use (hereinafter referred to as 'GTC/TOS'). By placing an order, the User agrees to comply with the GTC/TOS. The characteristics of the products are clearly specified on the website, and it is the responsibility of the Customer to consider them before making a purchase. It is important to note that the photographs or graphics presented on the website are for illustrative purposes and do not constitute a contractual commitment.
The Customer acknowledges having read the GTC/TOS carefully and accepts them by checking the appropriate box before finalizing their online order. These GTC/TOS establish the terms and conditions governing the sale of the Company's products to Customers, whether they are Professionals or Consumers, through its website. They apply to all sales concluded by the Company and take precedence over any contradictory documentation, including the Customer's general purchasing conditions. A copy of the GTC/TOS is systematically made available to the Customer upon request. In the event of subsequent changes to the GTC/TOS, the version in effect at the time of the Customer's order shall prevail.
Definitions
"Company" refers to the company Le Bottier Toulousain, as specified in detail in Article I of these Terms.
"Site" refers to the current Site, accessible at www.maisongabrielli.com.
"Customer" refers to the Professional or Consumer who has placed an order to purchase a Product offered for sale on the Website.
"Order" encompasses any purchase request made by a registered User on this Site.
"Consumer" refers to an individual buyer who does not make their purchase for professional purposes and/or outside of their professional activity.
"Professional" corresponds to a legal or natural person buyer who makes a purchase within the scope of their professional activity.
"General Terms and Conditions of Sale and Use" or "GTC/TOS" refers to the general terms and conditions that govern the use and online transactions carried out on the Site.
"User" includes any person using the Site.
"Products" refers to tangible items that can be acquired and are offered for sale on the Site.
Orders
To place an Order, the User can add Products to their virtual shopping cart. They can then review the summary of their virtual shopping cart to check the Products they wish to order and proceed with their Order by clicking the 'Finalize my order' button.
To finalize the Order and effectively establish the sales contract between the User and the Company, the User must provide an address and use a valid method of payment. Finalizing the Order implies acceptance of the prices of the Products sold, as well as the specific terms and delivery times specified on the Site.
Once the Order has been placed, the User will receive a confirmation by email. This confirmation will summarize the details of the Order and provide relevant information regarding the delivery. Placing an Order is equivalent to the conclusion of a distance sales contract between the Company and the Customer.
Under no circumstances may a User demand the application of discounts that are no longer in effect at the time of the Order.
Products and Prices
The GTC/TOS apply to the Products presented on the Site and sold directly by the Company. The essential characteristics of these Products are described on their dedicated pages on the Site. Sales are made within the limits of the Company's available stock. The Company cannot be held responsible for stock shortages or the inability to sell a Product when the stock is depleted.
When a registered User wishes to purchase a Product sold by the Company on the Site, the price indicated on the Product page is in euros, all taxes included (VAT), including shipping costs, and takes into account applicable discounts at the time of the Order. If the total cost of the Products cannot be determined in advance, the Company will provide a detailed quote explaining the price calculation.
Under no circumstances may a User demand the application of discounts that are no longer in effect at the time of the Order.
Payment Terms
Unless otherwise indicated, all sales must be paid immediately when placing the Order. The Company may require an advance payment or full payment depending on the nature and amount of the Order.
Accepted methods of payment are:
- Bank transfer
- Credit card via a secure connection
In case of full or partial late payment, the Professional Customer must pay a late penalty equal to the European Central Bank's refinancing rate plus 10 percentage points, in accordance with applicable law.
In addition to this penalty, any late payment will result in the payment of a lump sum indemnity of 40 euros for recovery costs.
The Consumer Customer, in case of late payment, must pay a late payment penalty at the legal interest rate.
It is not possible to offset late payment penalties with other amounts owed to the Company for the purchase of Products on the Site.
The penalty is calculated on the total late VAT amount and runs from the due date of the payment, without the need for prior notice.
Delivery
Products are shipped to the following geographical areas:
- Europe
- North America
- South America
- Africa
- Asia
- Oceania
The Company deploys all necessary means, both material and human, to ensure the speedy delivery of Products. Delivery times may vary depending on the User's geographical area, the selected delivery method, and the ordered Product.
If the delivery deadline exceeds 30 days, except in cases of force majeure, the Customer may request the resolution of the contract by registered letter with acknowledgment of receipt, after having given the Company, in the same way, a reasonable additional time for delivery, and if the Company does not comply.
In this case, the Customer will be reimbursed within 30 days if payment has already been made.
If delivery becomes impossible due to an error in the address provided by the Customer, the Company will promptly contact the Customer to obtain a new delivery address. Any additional delivery costs will be borne by the Customer.
The Company cannot be held responsible for delivery delays in the following cases:
- Periods of high demand, such as the end of the year
- Delays caused by force majeure events (unforeseeable, irresistible, and beyond its control)
- Events attributable to the carrier responsible for delivery
Delivery can be made to the address provided by the Customer when placing the Order, by standard postal delivery. Delivery costs are included in the Order.
Complaint
The Customer has the right to file a complaint within 10 days of receiving the Product for all Orders placed on this Site. It is the responsibility of the Customer to inspect the external condition of the Products upon delivery. In the absence of reservations expressed upon delivery, the Products are considered to be in accordance with the Order.
To exercise this right to file a complaint, the Customer must send a statement to the Company at the address contact@maisongabrielli.fr. This statement must include reservations and complaints, as well as supporting documents (a receipt signed by the carrier, photographs, etc.).
Any complaint that does not meet these conditions will not be considered.
The Company undertakes to repair, replace, or refund the Product or its components as soon as possible and at its own expense, subject to the material feasibility of the repair or the availability of the Product in stock.
Consumer's Right of Withdrawal
The Consumer has the right to withdraw within 14 days from placing the Order, with the exception of products listed in Article L.221-28 of the Consumer Code.
To exercise this right of withdrawal, the Consumer must send a declaration to the following address: contact@maisongabrielli.fr.
Products must be returned in their original packaging and in perfect condition within 15 days following notification of the withdrawal to the Company by the Consumer. The direct return costs are the responsibility of the Consumer.
The full amount paid for the Order will be refunded within 14 days of receiving the withdrawal declaration by the Company. The refund will be made using the same method of payment used for the purchase.
Transfer of Risks and Ownership
The Company retains ownership of the Products sold until their full price is paid by the Customer. In case of non-payment, the Company reserves the right to take back the Products, and the installments paid will be retained by the Company as compensation.
For Professional Customers, the risks related to the Products are transferred to the Customer as soon as the Company hands over the goods to the carrier. As for Consumer Customers, the transfer of risks occurs during delivery or when the goods are collected in-store if the Customer has chosen this store delivery option.
Legal Guarantees
The Products sold on the Site are covered by the warranty in accordance with the legal provisions of the Consumer Code and the Civil Code, as cited below:
Article L.217-4 of the Consumer Code: The seller is required to deliver a Product that conforms to the contract and is liable for conformity defects existing at the time of delivery. This also includes conformity defects related to packaging, assembly, or installation instructions when these are the responsibility of the seller under the contract.
Article L.217-5 of the Consumer Code: A Product is considered to be in conformity with the contract if it meets the following criteria: it is suitable for the customary use expected of a similar product, corresponds to the description given by the seller, and possesses the characteristics presented to the buyer by the seller, the producer, or their representative, particularly in advertising or labeling. It is also in conformity if it has the characteristics agreed upon by the parties or is suitable for any special use specified by the buyer, provided that this information has been communicated to the seller and accepted by the seller.
Article 1641 of the Civil Code: The seller is required to guarantee against hidden defects in the product sold that would render it unfit for its intended use or that would so diminish that use that the buyer would not have purchased it or would have paid a lower price if they had known about them.
The warranty does not cover Products that have been resold after being altered, modified, or transformed. The warranty is limited to the replacement or refund of non-conforming or defective Products. It does not apply in case of improper or abnormal use of the Product or if the Product does not comply with the legislation of the delivery country.
The Customer must report any defect within two years. The Company will endeavor to rectify defective Products as far as possible. In the event of liability attributed to the Company, the warranty is limited to the net amount paid by the Consumer for the Products provided.
Modifications
The replacement of Products does not extend the warranty period.
The Company reserves the right to modify the Site, the GTC/CGU, as well as any delivery procedures or other aspects of the services provided through this Site.
Processing of Personal Data
When an Order is placed, the User is subject to the conditions stated in the GTC/CGU in effect at the time of placing the Order.
The processing of personal data is carried out in accordance with the General Data Protection Regulation of April 27, 2016.
Furthermore, in accordance with the Data Protection Act of January 6, 1978, the Customer may, at any time, exercise their right to inquire, access, rectify, modify, and object to all of their personal data by sending a request by mail, along with proof of identity, to the following address: contact@maisongabrielli.fr.
Sharing of Collected Data
This personal data is essential for order processing, invoicing if necessary, and for improving the Site's functionalities.
The Site may use third-party companies to carry out certain operations. By browsing the Site, the Customer consents to third-party companies accessing their data to ensure the proper functioning of the Site.
These third-party companies only have access to the data collected for specific tasks, and the Site remains responsible for the processing of this data.
In addition, the User may be subject to receiving information or commercial offers from the Company or its partners. The User can object to receiving these commercial offers at any time by contacting the Company at the following address: contact@maisongabrielli.fr.
Furthermore, the Customer's information may be disclosed to third parties without their prior consent in the following cases:
- To comply with the law.
- To protect any person from serious harm or even death.
- To combat fraud or harmful violations against the Company or its users.
Data Protection
- To protect the Company's property rights.
Cookies
The Company implements an appropriate level of security proportionate to the identified risks, in compliance with the General Data Protection Regulation of April 27, 2016. However, it is important to note that these measures do not provide an absolute guarantee of security, and the Company does not commit to providing a guarantee of results regarding data security.
To improve navigation on the Site and the proper functioning of its various interfaces and applications, the Company may place a cookie on the User's computer. This cookie allows the storage of information related to browsing on the Site, as well as data entered by Users (such as searches, login information, email addresses, passwords, etc.).
The User explicitly consents to the installation of a file called a 'cookie' on their hard drive by the Company. The User has the option to block, modify the retention period, or delete this cookie through their browser settings. However, it is important to note that systematic disabling of cookies on the User's browser may prevent access to certain services or features of the Site. In such a case, it is important to emphasize that the User cannot claim compensation for any resulting harm.
Liability
The User has the option to consult our GDPR Policy at any time for more detailed information on the use of cookies.
The Company disclaims all liability in the event of unavailability of the Website, whether temporary or permanent. Despite its best efforts to maintain continuous service, interruptions may occur at any time. Furthermore, the Company reserves the right to intentionally make the Site unavailable to perform updates, improvements, or maintenance.
Intellectual Property
As previously mentioned, the Company cannot be held responsible for delivery delays resulting from circumstances beyond its control, unforeseeable, and irresistible, for which it is not responsible.
Choice of Jurisdiction
The trademark, logo, and visual identity of the Site are intellectual property assets registered with the INPI and are works protected by copyright. They are the exclusive property of the Company. Any use, reproduction, distribution, representation, or exploitation, whether in whole or in part, without the prior and explicit authorization of the Company will result in civil and criminal proceedings against the infringers.
The applicable law for the General Terms and Conditions of Sale and Use (GTC/CGU) is French law. In the event of a dispute between the Company and a User in the context of the execution of these conditions, an attempt at an amicable resolution will be made. If this attempt fails, disputes will be submitted to the jurisdiction of the competent courts in accordance with French common law.
The Customer or User expressly accepts the GTC/CGU. They declare that they have read their content and waive any other document, including their own general terms and conditions of purchase. The Consumer acknowledges having been informed of the information and provisions set out in Articles L.111-1 to L.111-7 of the Consumer Code, including, among other things:
- The essential characteristics of the Products.
- Product prices.
- The deadlines and methods of commitment of the Company for the provision of Services.
- Contact details of the Company, including postal addresses, phone numbers, and email addresses.
- Information concerning legal and contractual warranties, as well as procedures for activating them.
- The possibility of resorting to conventional mediation in the event of a dispute.
- Details on exercising the right of withdrawal, including the timeframe and steps to follow.
Mediator Contact Information
To comply with the requirements of the Consumer Code regarding amicable dispute resolution, Maison Gabrielli is committed to providing the contact information of the Mediator Service to which it is affiliated in the near future. In case of failure of the preliminary steps by consumers towards Maison Gabrielli, they will have the opportunity to appeal to the Mediator Service for any unresolved consumer dispute.
At the European level, the European Commission offers an online dispute resolution platform at your disposal.