Terms of Sales
www.guntherparis.com is published by GUNTHER PARIS, a simplified joint-stock company with capital of €10,000, whose registered office is located at 21 bis rue Pierre Leroux – 75007 Paris, registered with the Paris Trade and Companies Register under number 848 783 718 (hereinafter “ GUNTHER ”).
I. APPLICATIONS OF THE GENERAL CONDITIONS OF SALE
The general conditions of sale (the " GTC ") detailed below apply to all orders for products and services placed via the Site (the " Products ") with GUNTHER by any person (the " Customer ").
The Customer must read the T&Cs prior to any order (the " Order "), the T&Cs being available on the Site.
GUNTHER reserves the right to adapt or modify these T&Cs at any time. The version of the T&Cs applicable to any sale being the one appearing online on the www.guntherparis.com site at the time of the Order. Consequently, the fact of placing an Order requires the full prior and unreserved acceptance of the T&Cs by the Customer by clicking on the button "I have read and I accept the general conditions of sale".
II. INFORMATION ON THE SITE AND ACCESSIBILITY OF THE SITE
www.guntherparis.com is an e-commerce site owned and managed by GUNTHER, and hosted by the service provider Shopify.
The Site is accessible to all users of the Internet network in principle 24 hours a day, 7 days a week, except for interruption, scheduled or not, by GUNTHER or its service providers, for the purposes of its maintenance and/or security or in the event of force majeure. (as defined below). GUNTHER cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the Site.
GUNTHER does not warrant that the Site will be free from anomalies, errors or bugs, or that the Site will operate without failure or interruption. In this regard, he may freely and at his entire discretion determine any period of unavailability of the Site or its content. GUNTHER cannot be held responsible for problems with data transmission, connection or unavailability of the network.
GUNTHER reserves the right to make changes to the Site, for technical or commercial reasons. When these modifications do not substantially and negatively alter the conditions of the provision of services, the Client may be informed of the modifications made, but his acceptance is not requested.
III. REGISTRATION ON THE SITE
To be able to place an Order, the Customer must first register on the Site by creating an account containing the Customer's information (the " Account ").
The Customer's registration on the Site is validated by GUNTHER after verification of the standard form completed by the Customer. The Customer receives a registration confirmation email.
When creating his Account, the Customer must ensure the accuracy and completeness of the data he provides. The Customer is required to always update his personal information. In the event of an error in the wording of the recipient's contact details, GUNTHER cannot be held responsible for the impossibility of delivering the Products.
By registering on the Site, the Customer declares and guarantees to GUNTHER that he is of legal age and has the legal capacity to contract.
GUNTHER may delete the Customer's Account at any time, for any reason, at its sole discretion.
The Products offered for sale are those described on the Site on the day the Customer consults the Site, within the limits of available stocks. These indications are updated automatically in real time. However, an error in the update, whatever its origin, does not engage the responsibility of GUNTHER. As such, GUNTHER cannot be held responsible for the cancellation of an Order for a Product due to the exhaustion of stocks.
GUNTHER takes the greatest care in the presentation and description of its Products to best satisfy the Customer's information. However, it is possible that errors may appear on the Site, which the Customer acknowledges and accepts.
GUNTHER does not guarantee the accuracy or the security of the information transmitted or obtained by means of the Site.
It is possible that the Customer receives following an Order a part previously returned by another person. It is specified that GUNTHER only accepts the return of undamaged and unworn Products, these two conditions being checked before returning the returned Products to stock.
Taking an Order on the Site is subject to compliance with the procedure set up by GUNTHER on the Site comprising successive stages leading to the validation of the Order.
The Customer can select as many Products as he wishes which will be added to the basket (the " Basket "). The Basket summarizes the Products chosen by the Customer as well as the prices and costs relating thereto. The Customer may freely modify the Basket before validating his Order. The validation of the Order constitutes confirmation of the acceptance by the Customer of the GCS, the Products purchased, their price as well as the associated costs.
A confirmation email summarizing the Order (Product(s), price, availability of the Product(s), quantity, etc.) will be sent to the Customer by GUNTHER. To this end, the Customer formally accepts the use of electronic mail for confirmation by GUNTHER of the content of his Order. Invoices are available in the "my account" section of the Site.
VI. REFUSAL TO PROCESS AN ORDER
GUNTHER reserves the right to withdraw any Product displayed on the Site at any time and to replace or modify any content or information appearing on the latter. Despite GUNTHER's best efforts to meet the expectations of its customers, it may be necessary for the latter to refuse to process an Order after having sent the Customer the confirmation email summarizing the Order.
GUNTHER cannot be held liable to the Customer or a third party for the harmful consequences of the withdrawal of a Product from the Site, or the replacement or modification of any content or information appearing on this Site, or even the refusal to process an Order after sending the confirmation email summarizing the Order.
GUNTHER also reserves the right to refuse or cancel an Order from a Customer with whom it has a dispute over the payment of a previous order or an objective suspicion of fraud.
VII. PRICES AND TERMS OF PAYMENT
The prices of the products are indicated on the Site in euros. As an indication, an approximate conversion into dollars (USD) or pounds sterling (GBP) is available via a selector at the bottom of the page.
All prices displayed are calculated and include the value added tax (VAT) applicable in France or that applicable in the country of delivery located in the European Union.
Outside the European Union, customs fees and additional taxes must be paid by the Customer directly to the carrier.
GUNTHER reserves the right to modify its prices at any time, but the Products will be invoiced on the basis of the prices in force at the time of registration and payment of the Order, subject to availability.
The Products are payable in cash when the actual Order is placed.
Payment for purchases is made either via PayPal or via the secure platform of our payment provider Mollie.
For France, orders can be paid for in three instalments via our service provider Alma.
The Customer expressly acknowledges that the communication of his credit card number to GUNTHER constitutes authorization to debit his Account up to the price of the Products ordered.
The data recorded and kept by GUNTHER constitutes proof of the Order and of all past sales. The data recorded by PayPal or Mollie constitutes proof of any financial transaction between the Customer and GUNTHER.
Deliveries are made by the carrier DHL Express, from Monday to Saturday, depending on the options available at the time of the Order and the option chosen by the Customer when validating his Order.
Delivery means the transfer to the Customer of physical possession of the Products (the “ Delivery ”).
The Delivery charges applicable to the Order are those mentioned on the Site at the time of the Order.
When GUNTHER takes care of the delivery of the Product, the risk of loss or deterioration of the Product is transferred to the Customer at the time of Delivery.
As an exception, the risk is transferred to the Customer when the Product is handed over to the carrier when the latter is responsible for transport by the Customer and not by GUNTHER.
Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the residential address of the Customer, of a natural person of his choice or of a legal person (delivery to his company ). Delivery cannot be made to hotels or to PO boxes.
If it is impossible to carry out the Delivery, due to an incorrect delivery address or the absence of collection by the Customer of his Order from the selected collection point or from DHL, no reshipment can be carried out and the Customer will be refunded within five (5) days of receipt of the Order by GUNTHER.
GUNTHER delivers Orders within a maximum period of twelve (12) working days for Delivery in Metropolitan France and twenty (20) working days for International Delivery, this period being counted from the first working day after validation of the command. The day after a collection is put online and from November 23 to December 31, the Delivery time may be increased by ten (10) days, given the large and exceptional volume of Orders.
In order for these deadlines to be respected, the Customer must ensure that he has communicated exact and complete information concerning the Delivery address (such as, in particular: street number, building number, staircase number, access, names and/or intercom numbers, etc.).
GUNTHER cannot be held responsible for delays in delivery that are not its fault or justified by a case of force majeure (as defined below).
If the Delivery time is exceeded, the Customer may request the cancellation of the sale and obtain, within a maximum period of fourteen (14) days of his request to this effect, the reimbursement of the sums paid on the occasion of the Order. Notwithstanding the foregoing, GUNTHER cannot be held responsible for the harmful consequences resulting from a delay in delivery, only reimbursement of the Product by GUNTHER being possible to the exclusion of any other form of compensation.
For customers whose delivery address is outside Paris, the order is delivered in reusable RePack packaging.
Your RePack packaging has a prepaid stamp, so you can return this packaging free of charge by depositing it in a mailbox, making sure that the prepaid stamp is visible. You will then benefit from a 10% reduction on the network of RePack partner brands.
For more information, please visit www.originalrepack.com
IX. RIGHT OF WITHDRAWAL - REFUNDS AND RETURNS
9.1. Deadline and procedures for exercising the right of withdrawal
In accordance with article L.221-18 of the Consumer Code, the non-professional Customer has a period of fourteen (14) days from receipt of the Order to exercise his right of withdrawal from GUNTHER, without having to justify its decision.
The exercise of the right of withdrawal is made by email to the address email@example.com.
9.2. Terms of return of the Order under the right of withdrawal
The right of withdrawal is exercised without penalty.
Products from archival or sale sales are neither exchangeable nor refundable.
The Customer returns the Order, at the latest, within fourteen (14) days following the communication of his decision to withdraw in accordance with Article L. 221-21 of the Consumer Code.
Beyond this period of fourteen (14) days, the sale is firm and definitive.
The Product must be returned in its original packaging, in its original condition, new, unworn, unwashed. To make a return, the Customer must communicate his request to withdraw to the address firstname.lastname@example.org and follow the procedure indicated by GUNTHER by return email.
The return of the Products is paid for by GUNTHER if the place of Delivery is in France.
The return of the Products is the responsibility of the Customer and is at his own risk if the place of Delivery is in a country other than France.
9.3. Reimbursement of Products returned under the right of withdrawal
Reimbursement of the Order by GUNTHER is made no later than fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw.
However, the reimbursement takes place provided that GUNTHER has been able to recover the Products subject to the return and the request for reimbursement.
GUNTHER makes the refund using the same means of payment as the one used to pay for the Order, unless the Customer expressly agrees to use another. If this means of payment and insofar as it has expired, the Customer must contact customer service to modify the method of reimbursement without incurring any costs for the consumer. GUNTHER cannot be responsible for reimbursement on an expired means of payment.
If the Customer fails to comply with these T&Cs, GUNTHER will not be able to reimburse the Products concerned. In all cases, return costs are borne by GUNTHER if the Product delivered to the Customer is different from the Product ordered or if it is delivered damaged.
X. RETENTION OF OWNERSHIP
GUNTHER retains full ownership of the Products sold until full payment of the full price, in principal, costs, taxes and compulsory contributions included.
XI. PARTIAL DISABILITY
If one or more stipulations of these 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 will retain their full force. and their scope.
No tolerance, inaction or inertia on the part of GUNTHER may be interpreted as a waiver of its rights under the terms of the GCS.
XIII. MEDIATION - APPLICABLE LAW - JURISDICTION
The sale of Products is subject to French law.
The Customer may also contact the dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/ .
Failing amicable resolution, any dispute relating to the interpretation of the GCS, the execution or termination of a sale, the interpretation, execution or termination of these presents is subject, in the absence of agreement amicably, to the legally competent courts.