TERMS & CONDITIONS
The company Européenne de Produits de Beauté (hereinafter “GATINEAU”), a simplified joint-stock company with capital of €3,000,000 and head office located at 64 rue du Ranelagh, 75016 Paris, France, registered with the Paris Trade and Companies Register under number B 602 004 442, with EU VAT number: FR 20 602 004 442, telephone number: +33(0)1 55 74 33 33, and e-mail address: contact@gatineau-paris.com, is the publisher of a website accessible at www.gatineau-paris.com (hereinafter the “Site”), on which GATINEAU sells its products (hereinafter the “Products”).
GATINEAU strongly recommends that Internet users wishing to purchase the Products seek advice from a GATINEAU beautician before purchasing or using the Products, and invites them to contact GATINEAU by e-mail sent to contact@gatineau-paris.com if in doubt about how the Products should be used. A list of sales outlets is available on the Site under the heading “Where to find us”.
Internet users are also recommended to carefully read the full Product descriptions displayed on the Site, as well as the instruction leaflets available with each Product received at home.
Products ordered on the Site by any Internet user (hereinafter the “Buyer”) will be delivered only in metropolitan France, Corsica and Monaco.
By placing an order for a Product shown on the Site, the Buyer acknowledges that he/she has read and expressly accepted the present Terms & Conditions.
Upon confirming the order and accepting the Terms & Conditions, as specified in section “Products - Prices” below, the Buyer is contractually bound. The Buyer formally declares that he/she has full legal capacity to place an order for Products on the Site in accordance with the present Terms & Conditions.
The Buyer should save or print the present Terms & Conditions.
The present Terms & Conditions are available in French and English. To access the English version, the Buyer must click on the “English” link.
The Buyer is also obliged to comply with the Legal Informations, as these are fully applicable to the Buyer: [“Legal Informations”].
1. Purpose
The present Terms & Conditions determine the rights and obligations of GATINEAU and the Buyer arising from the online sale of the Products offered for sale on the Site.
The present Terms & Conditions apply to all orders placed by the Buyer, to the exclusion of any other document.
2. Products – Prices
2.1. Products
The Products offered for sale by GATINEAU are those shown on the Site on the date the Site is consulted by the Buyer, and subject to stock availability.
In respect of the Products ordered, GATINEAU is only bound with regard to the Buyer by the Product descriptions provided on the Site. The photographs illustrating the Products fall outside the contractual scopes. Should any photograph contain errors, GATINEAU cannot be held liable on these grounds.
2.2. Prices
Product prices are quoted in euros, and are inclusive of the Value Added Tax (VAT) applicable at the date of the order. Delivery charges will be calculated automatically when validating the shopping bag, according to the Subtotal of the Products that the Buyer has chosen to order (€5,90 and offered for any €70 purchase).
Prices quoted on the Site are neither fixed nor permanent, and GATINEAU reserves the right to modify the prices of its Products at any time. Of course, when the Buyer places an order on the Site, the Products are invoiced on the basis of the prices in effect at the time the order is placed, subject nevertheless to the availability of said Products.
Where appropriate, special offers of limited duration are identified as such in the presentation of the different Products on the Site. The Buyer should check whether an offer appears on the Site and its validity period. The Buyer is reminded that some search engines may continue to show offers that have expired; the latter must not be taken into account by the Buyer.
3. Placing and confirmation of the order
3.1. Product selection
If the Buyer wishes to place an order, he/she will select the various Products in which he/she is interested, and confirm this interest by clicking on “Add to my bag”.
As items are placed in the shopping bag, their addition will be indicated by a rerouting towards "My shopping bag".
At any time the Buyer may:
- obtain a summary of the Products selected or modify his/her order by clicking on “Shopping bag” in the top right-hand corner of each page;
- then continue his/her selection of Products, and add or delete items by clicking on “Continue shopping”, then “Update shopping bag”.
- If the list displayed corresponds to the Products selected, the Buyer can pay his/her “Shopping bag” by clicking on "Proceed to checkout".
3.2. Buyer identification and creation of an account
- The Buyer will have the opportunity to create a new account if ordering for the first time on the Site, to enter his/her username and password if an account already exists, or simply to enter his/her details without creating an account.
- The Buyer will need to provide GATINEAU with information concerning his/her identity (title, last name, first name, full postal address, telephone number, e-mail address...).
- Once these details have been entered, or displayed if an account already exists, the Buyer must check this information and if necessary modify it.
- The Buyer’s personal data is collected and processed according to the information provided in the Legal Informations.
The Buyer is informed and understands that once he/she has created an account and when he/she uses this account, the entry of his/her username and password serves as proof of identity.
Once properly identified, the Buyer clicks on “Continue”. An order form will appear on the screen summarizing the nature, quantity and price of the Products selected by the Buyer, the total cost of the order (including delivery charges), and the Buyer’s details, including the billing and shipping addresses for the Products.
Before the final confirmation of the order, the Buyer has the opportunity to click on “Edit your bag” to correct any errors.
3.3. Choice of payment method
The Buyer will choose his/her desired payment method for the items ordered by clicking on the button corresponding to his/her selected method of payment.
If the Buyer wishes to pay by bank card, he/she will click on “Payment by bank card”, and specify the type of bank card he/she wishes to use.
3.4. Final confirmation of the order
The placing of any order implies the Buyer’s unconditional acceptance of the present Terms & Conditions. To this end, the Buyer must expressly accept these Terms & Conditions by ticking the box provided for this purpose. Failing that, the Buyer will not be able to pursue the purchase of the selected Products.
After checking and modifying, if necessary, the order summary and contact information, as well as accepting the Terms & Conditions, the Buyer will click on “Confirm order” to express his/her acceptance, validate the transaction and pay the order.
3.5. Product availability
The order is placed subject to Product availability and while stocks last. If a Product is unavailable, the Buyer will normally be informed at the moment of confirming the order and before any payment is made.
However, in some cases it may prove impossible, due to a technical problem, to perform the availability check before payment is made. In this case, the Buyer will be informed of the possible unavailability of a Product ordered within a maximum of 7 days from the date of the order. The Buyer will then be refunded the amount paid for the purchase of the unavailable Product within a maximum of thirty (30) days. If the order includes other Products, these will be delivered in accordance with the present Terms & Conditions.
3.6. Payment of the order
After clicking on “Payment by bank card”, the Buyer will be automatically re-directed to the CIC website. The CIC server uses SSL (Secure Socket Layer) encryption, so all data relating to the payment method can be processed with the highest level of protection and at no time do the Buyer’s bank details pass through GATINEAU’s own computer system. Once payment has been confirmed, the Buyer returns to the GATINEAU Site.
As online payment by bank card is immediate, the full amount of the order is cashed in as soon as online payment has been confirmed.
Bank details are processed by CIC only for the purposes of payment and associated operations.
The sale will only be considered final when payment has been cashed in. If payment by bank card is refused, the Buyer will need to use another payment method, failing which the order will not be finalized.
3.7. Order confirmation
Once payment has been confirmed, a summary of the Buyer’s order will appear on the screen, showing the order number. For payments made by bank card, the summary will also include the number of the transaction. This summary will also be sent to the Buyer by e-mail, to the e-mail address entered during the identification process.
GATINEAU reserves the right to refuse any order in the event of an existing dispute with the Buyer or non-payment of all or part of a previous order placed by the Buyer.
3.8. Filing of the contract
All data relating to the Buyer’s order is recorded on GATINEAU’s computer registers, which are in turn stored on a reliable, durable medium. They will be considered evidence of the contractual relationship between the Parties. However, the Buyer should also save or print the summary of his/her order and the present Terms & Conditions.
If the Buyer has created an account, he/she can consult his/her order history and the status of pending orders at any moment by clicking on “My account”.
When the amount of the order exceeds the threshold set by decree (120 euros on the date on which these Terms & Conditions were established), GATINEAU files the contract entered into with the Buyer for the prescribed period. The Buyer may request access to this contract at any time. In this case, GATINEAU may charge the Buyer the cost of delivering the document.
4. Username and password
If the Buyer creates an account, he/she can access the “My account” area of the Site and follow his/her orders. Similarly, having such an account makes the placing of future orders easier.
The Buyer is solely responsible for any use that may be made of his/her username and password. All access to the “My account” area using his/her username and password will be deemed to have been made by the Buyer, as will the passing of any orders. The protection of the confidentiality of the Buyer’s password is entirely his/her responsibility. In this regard, the Buyer is responsible for ensuring that he/she has successfully disconnected from the Site after each session, particularly when it is accessed from a public computer. Moreover, GATINEAU discourages the Buyer from saving his/her username and password on his/her computer.
The Buyer must immediately notify GATINEAU of any disclosure of his/her password and/or fraudulent use thereof. A new password may then be chosen by the Buyer.
5. Delivery
5.1. Delivery address
The Products ordered by the Buyer will be delivered to the address specified by the Buyer when placing the order. This address must be located in metropolitan France, Corsica or Monaco. To ensure optimal service, GATINEAU asks the Buyer to provide an address to which the order may be delivered during regular working hours, as well as a telephone number and any other information making access to the building easier (access code, floor, flat number, etc.).
The Buyer should check that his/her contact information, as indicated in the “My account” area and duplicated on the order page, is accurate and precise. GATINEAU will not be held responsible if an order cannot be delivered due to a wrong or incomplete address. Therefore, if additional delivery costs should result, they will be borne by the Buyer and this will not be accepted as grounds for cancelling the order.
5.2. Delivery time
The Products purchased will be delivered within a maximum of 15 calendar days after order confirmation.
An e-mail confirming the shipment of the order will be sent to the Buyer. The Buyer can consult the status of pending orders at any moment in the “My account” area of the Site.
In the event of late delivery, the Buyer must report this delay as quickly as possible to GATINEAU customer service by sending an e-mail to contact@gatineau-paris.com. GATINEAU will then contact the delivery company to have the matter investigated. GATINEAU will contact the Buyer as soon as possible.
5.2. Conformity check
On receipt of the Products ordered, the Buyer must check the Products conform to his/her order (see “Warranties” below).
The Buyer is strongly advised to notify GATINEAU of any anomaly concerning the delivery (including any missing or broken Product, damaged packaging, etc.) as rapidly as possible by e-mail to contact@gatineau-paris.com.
6. Right of withdrawal
The Buyer has seven (7) working days within which to return, at his/her own cost and without giving any reasons, any Product ordered. This period runs with effect from the date the order is delivered. If the seven-day period ends on a Saturday, Sunday or public holiday, it will be extended to the next business day.
The Product must be returned unused, in its original packaging and wrapping, accompanied by a copy of the invoice, to the following address, by registered postal parcel requesting acknowledgement of receipt:
EPB - GATINEAU Boutique en ligne
64-70 rue du Ranelagh,
75016 Paris, France
Shipping costs will be borne by the Buyer.
If the above conditions are met, GATINEAU will refund the Buyer within a maximum of thirty (30) days the sum corresponding to the Products returned to GATINEAU.
7. Data protection
7.1. Personal data
Supplying personal data is obligatory for the purposes of distance selling, as this information is necessary for processing and delivering orders and for preparing invoices.
For more information about the processing of personal data used by GATINEAU, see the Legal Informations.
In accordance with the French Data Protection Act no. 78-17 of January 6, 1978 on data processing, computer files and individual liberties, the Buyer has the right to access, modify, rectify and delete his/her personal data. To exercise this right, the Buyer must follow the procedure outlined in the Legal Informations.
8. Liability
The Products sold by GATINEAU comply with current French legislation. All Product information is listed in the descriptions provided on the Site.
GATINEAU reminds Buyers that they are strongly recommended to seek advice from a GATINEAU beautician before using the Products, and invites Buyers to contact GATINEAU by e-mail at: contact@gatineau-paris.com if in doubt about how the Products should be used.
Instances of force majeure taken into consideration will be those events that meet the criteria set by the jurisprudence of French courts.
The Parties agree that they will consult one another within the shortest possible time in order to decide jointly on how to carry out the order during the period of force majeure.
If delayed for a period exceeding one (1) month due to force majeure, GATINEAU may choose not to honor the order, in which case GATINEAU will refund the Buyer.
GATINEAU cannot be held liable for damages resulting from misuse of the Products by the Buyer (including use inconsistent with the instruction leaflet).
9. Warranties
9.1. Warranty of conformity
The Buyer is covered by the legal warranty of conformity (Art. L. 211-4 et seq. of the French Consumer Code).
Any non-conforming Product, to be exchanged or refunded, must be returned to GATINEAU in its original packaging and wrapping, and accompanied by a copy of the invoice, to the following address, by registered postal parcel requesting acknowledgement of receipt:
EPB - GATINEAU Boutique en ligne
64-70 rue du Ranelagh,
75016 Paris, France
In this case, the shipping costs will be refunded by GATINEAU to the Buyer. GATINEAU will then proceed with the exchange or refund of the non-conforming Product(s). If the Buyer chooses to take legal action, he/she must do so within two years from the date of delivery of the non-conforming Product (Art. L. 211-12 of the French Consumer Code).
9.2. Warranty against latent defects
The Buyer is also covered by the legal warranty relative to latent defects (Art. 1625 et seq. of the French Civil Code).
Provided that the Buyer has proven the latent defect, GATINEAU is legally obliged to repair all consequences (Art.1641 et seq. of the French Civil Code). If the Buyer chooses to take legal action, he/she must do so within two years from the date of discovery of the latent defect (Art. 1648 of the French Civil Code).
10. Intellectual property
All texts, comments, literary work, logos and images found on the Site www.gatineau-paris.com are protected, throughout the world, by copyright and intellectual property laws. Reproduction in whole or in part of the GATINEAU catalog is prohibited without the prior consent of GATINEAU. The Buyer should also refer to the [Legal Informations].
11. Partial invalidity
If any non-essential provision of the present Terms & Conditions is found or ruled to be invalid pursuant to any law, regulation or decision of a competent court, the other provisions will retain their full force and scope.
12. Entire agreement
The present Terms & Conditions and the Buyer’s order summary constitute the entire agreement and contractual relationship between GATINEAU and the Buyer with respect to the purpose of the order.
13. Modification of Terms & Conditions
GATINEAU may change its Terms & Conditions at any time. All orders for Products are subject to the Terms & Conditions in effect at the date on which the order is placed. The Buyer should read carefully the Terms & Conditions with each new order.
14. Disputes
Favorable consideration will always be given to complaints or disputes received by GATINEAU, as good faith is always presumed in a person who takes the trouble to report a problem
In the event of a dispute, it is recommended that the Buyer first contact GATINEAU to reach an amicable solution, for example by sending an e-mail to: contact@gatineau-paris.com.
Of course, the reaching of an amicable solution will not deprive the Buyer of his/her rights under the contract concluded with GATINEAU or the law. The search for an amicable solution does not in any way affect either the warranty or statutory limitation period.
These contractual Terms & Conditions binding GATINEAU and the Buyer are subject to French law.
15. Governing Language
The governing language of the present Terms & Conditions is French. Only the French version of these Terms & Conditions is legally binding. Any disputes arising from the present Terms & Conditions will be resolved with reference to the French version. The English translation of the present Terms & Conditions is provided for information purposes only.