GENERAL CONDITIONS OF SALE

GUSTAVE et cie is a registered trademark of SARL Barrem Concept

PREAMBLE

These general terms and conditions of sale (the “General Terms and Conditions”) are concluded between GUSTAVE et cie and any non-commercial natural person (the “User”) wishing to make a purchase on the Website (hereinafter jointly referred to as the “Parties”).
The Parties agree that these General Conditions govern their relationship exclusively. GUSTAVE et cie reserves the right to modify the General Conditions from time to time. They will be applicable as soon as they are posted online.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.

CUSTOMS FEES

When you order products from gustave-et-cie.fr for delivery outside the European Union, you may be subject to import duties and taxes, which will be collected when the package arrives at its destination. Any additional customs clearance fees will be your responsibility, as we have no control over these fees.

Customs policies vary greatly from country to country, so you should contact your local customs office for more information. Also, please note that when ordering from www.gustave-et-cie.fr, you are considered the official importer of the product and must comply with all laws and regulations of the country in which you are receiving the product.

ARTICLE 1 – PURPOSE
The General Conditions aim to define the terms of sale between GUSTAVE et cie and the User, from placing the order to after-sales services, including payment and delivery.

ARTICLE 2 – PRODUCTS
The products governed by these General Conditions are those appearing on the Website (the “Products”). They are offered within the limits of available stocks.

ARTICLE 3 – PRICES
The prices of the Products are indicated in Euros, all taxes included. They take into account VAT and any reductions applicable on the day of the order.
If one or more taxes or contributions, particularly environmental ones, were to be created or modified, either upwards or downwards, this change may be reflected in the sale price of the Products present on the Website and on the various sales media.
However, a price cannot be modified once the User's order has been validated.

ARTICLE 4 – THE ORDER
4.1 Prior identification of the User
To place an order, the User must identify himself with his email address and password. For any first order, the User must follow an account creation procedure indicated on the Website.
In case of loss or forgetfulness of the password, the User can request it again by going to his customer account and clicking on "Forgotten password". He will then receive his password at the email address he provided at the time of registration.
4.2 Registration and validation of the order
Once the shopping cart has been validated, the User must accept the General Conditions, choose the address and delivery method, and finally validate the payment method. The contract will be concluded when the User clicks on the button to confirm the order after having viewed the details of the order and in particular its total price and having had the opportunity to correct any errors.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will occur within the framework of the exercise of the right of withdrawal by the User or through the implementation of the legal and/or commercial guarantees, where applicable, mentioned below.
GUSTAVE et cie will acknowledge receipt of the order upon validation by sending an e-mail.
In certain cases, including non-payment, incorrect address or other problem with the User's account, GUSTAVE et cie reserves the right to block the User's order until the problem is resolved.
In the event of unavailability of an ordered Product, the User will be informed by email.
The cancellation of the order for this Product and its possible reimbursement (only Products available at the time of the order may be subject to collection, as opposed to deferred products), will then be carried out, the remainder of the order remaining firm and definitive.

ARTICLE 5 – PAYMENT TERMS
The User has the choice of paying for their purchases:
• by bank card: Carte Bleue, e-carte bleue, Visa, Mastercard.
In order to ensure payment security, GUSTAVE et cie uses the PayPlug secure payment service.
The bank card details provided when you place your order are only used by GUSTAVE et cie for the purpose of completing the transaction.
• by check: made out to SARL BAREM CONCEPT. The reservation number and customer number must be specified on the back of the check. The package will be shipped upon receipt of the check.

Payment for your order in 3 or 4 installments by credit card

Payment for your order in 3 or 4 installments by bank card from 100€ of purchases up to 3000€ with Oney Bank Oney Bank offers its partners' individual customers a financing solution called "3x 4x Oney". This financing personalized to each customer order allows the consumer to pay for their purchases of products and/or services from 100€ to 3000€ in 3 or 4 installments by bank card. This financing can be offered to the customer with or without fees, depending on the choice specified by the partner in its sales process, and under the following conditions and terms: Conditions: This offer is reserved for individuals (adult individuals) residing in France and holders of a Visa and MasterCard bank card with a validity date greater than the duration of the chosen financing. Systematic authorization cards, in particular Electron, Maestro, Nickel, etc., as well as e-cards, Indigo and American Express cards are not accepted. Subscription terms: After completing your order, simply click on the "3x 4x Oney payment by credit card button". You are then redirected to our partner's 3x 4x Oney web page displaying the detailed summary of your order and the personalized financing request, which you must then validate. You enter your personal information or, if you have a 3x 4x Oney account, you identify yourself using the login details linked to your 3x 4x Oney account. You read the general terms and conditions of payment in several installments to which you wish to subscribe, which are provided to you in PDF format so that you can read, print and save them before accepting them. You then notify your electronic acceptance by checking the corresponding checkbox. You acknowledge that the "double click" associated with the checkbox on the acknowledgement of the general terms and conditions constitutes consent to contract and constitutes irrevocable and unreserved acceptance of the general terms and conditions of the product. Unless proven otherwise, the data recorded by Oney Bank constitutes proof of all transactions between you and Oney Bank. If you request to benefit from a financing solution offered by Oney Bank, the information relating to your order will be transmitted to Oney Bank, which will use it for the purpose of studying your application for the granting, management and recovery of credit. Oney Bank reserves the right to accept or refuse your request for financing in 3x 4x Oney. You have a 14-day withdrawal period to cancel your credit. How it works: Payment in 3 or 4 times by credit card allows you to pay for the order placed on our merchant site as follows: – a mandatory deposit, debited on the day your order is shipped; – two or three monthly payments, each corresponding to a third or a quarter of the order, collected 30 and 60 days later for the 3 times and 30, 60 and 90 days later for the 4 times, which include, in the case of 3x 4x with fees, fees corresponding to 1.45% of the total amount of the order for a 3 times and 2.2% for a 4 times (within the limit of €15 maximum for a payment in 3 times and €30 maximum for a 4 times). In the case of financing without fees offered by the Partner, no additional fees to the amount of the purchase will be charged to you. In order to better understand how the 3x 4x Oney by bank card works, here are some examples: • Examples of 3x 4x Oney by bank card, with fees, from €100 of purchase and up to €3,000: Example for payment in 3 installments: For a purchase of €150, contribution of €52.18 then 2 monthly payments of €50. Credit for a period of 2 months at a fixed APR of 19.31%. Cost of financing: €2.18 up to a maximum of €15. Example for payment in 4 installments: For a purchase of €400, contribution of €108.80 then 3 monthly payments of €100. Credit over 3 months at a fixed APR of 19.61%. Cost of financing: €8.80 up to a maximum of €30. • Examples of 3x 4x Oney by bank card, free of charge, from 100€ of purchase and up to 3000€: Example for payment in 3 times: For a purchase of 150€, contribution of 50€ then 2 monthly payments of 50€. Credit over 2 months at a fixed APR of 0%. Financing cost 0€. Example for payment in 4 times: For a purchase of 400€, contribution of 100€ then 3 monthly payments of 100€. Credit over 3 months at a fixed APR of 0%. Financing cost 0€.

ARTICLE 6 – DELIVERY
Products ordered on the Website can only be shipped territorially in mainland France, Monaco and Corsica to the address indicated when ordering. Deliveries outside mainland France, Monaco and Corsica are possible by selecting the "International delivery" option. The rate for international delivery is €9.90 including tax. Orders placed on Friday after 4 p.m. will be processed from Monday morning. The delivery time is taken into account from the delivery of the package to La Poste. GUSTAVE et cie makes every effort to ship the same day all orders placed before 4 p.m., from Monday to Friday. Once the package has been deposited with the Colissimo partner, it is no longer the responsibility of GUSTAVE et cie. Colissimo undertakes to deliver to you within 48 to 72 hours. If this deadline is not respected, you will have to turn against Colissimo by filling out their online form: http://aide.laposte.fr/contact/colissimo/ If you have selected the “Delivery with Chronopost” option, they undertake to deliver to you within 24 hours. If this deadline is not respected, you will have to turn against Chronopost by contacting them on the following link: https://www.chronopost.fr/fr/particulier/nous-contacter/ The price for delivery with Chronopost is €9.90 including tax.
Delivery times

France Europe International

Shipping costs

ARTICLE 7 – RIGHT OF WITHDRAWAL: THE “SATISFIED OR REFUNDED” GUARANTEE

7.1. Right of Withdrawal
All Products delivered may be subject to a refund except those excluded by law and bearing a mention to this effect, for example Products which have been the subject of personalization at the request of the User, computer software, audio or video recording Products when the protective blister has been removed, etc.
The Products must be in good condition, complete, packaged in the original packaging.
The User has a period of 30 days from the receipt of the last package of your order to notify your decision to withdraw to the following email address: sav@gustave-et-cie.fr. You then have 15 days from the sending of the withdrawal notification to return an item from your order.
The User may return their Product by post to the address GUSTAVE et cie, SARL BARREM CONCEPT, 2 rue Bénard, 75014 PARIS. The return costs via post are covered by the brand if the withdrawal period is less than 30 days.
GUSTAVE et cie undertakes to reimburse the User who has exercised his right of withdrawal the sums as soon as possible and at the latest within 14 days following receipt of the product by GUSTAVE et cie.
GUSTAVE et cie will reimburse the User for the returned Products, subject to compliance with the conditions mentioned above.

ARTICLE 8 – GUARANTEES

All Products on sale on the Website benefit from the legal guarantee of conformity (L211-1 et seq. of the Consumer Code) and the guarantee against hidden defects (articles 1641 et seq. of the Civil Code), allowing the User to return Products delivered as defective or non-compliant.
• Article L211-4 of the Consumer Code: The seller is required to deliver 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, assembly instructions or installation when this has been placed at his expense by the contract or has been carried out under his responsibility.
• Article L211-5 of the Consumer Code: To comply with the contract, the good must:
1. Be suitable for the use usually expected of a similar good and, where applicable:
– correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
– present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;
2 º Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
• Article L211-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.
• Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the thing sold which make 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 a lower price for it, if he had known of them.
• Article 1648 paragraph 1 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.

ARTICLE 9 – RESPONSIBILITY

GUSTAVE et cie has an obligation of results for all stages of order taking as well as for the stages following the conclusion of the contract.
Thus, GUSTAVE et cie undertakes to describe with the greatest accuracy the products sold on the Website. On the other hand, GUSTAVE et cie cannot be held liable in the event that the non-performance of its obligations is attributable either to the unforeseeable and insurmountable act of a third party to the contract or to a case of force majeure as defined by French case law.
Similarly, GUSTAVE et cie cannot be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, an external intrusion or the presence of computer viruses.

ARTICLE 10 – INTELLECTUAL PROPERTY

All elements of the Website, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents. Similarly, the trademarks, logos, designs and models appearing on the Website are the exclusive property of GUSTAVE et cie. Their disclosure may not under any circumstances be interpreted as granting a license or right to use any of the said trademarks and distinctive elements protected by copyright. They may therefore not be used under penalty of counterfeiting.
Accordingly, none of the documents from the Website may be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any way whatsoever.
However, it is possible to download one copy of the documents on a computer for the User's personal use and solely for non-commercial purposes, provided that the User does not modify the information contained and that he keeps intact all copyright and other proprietary notices. The modification of these documents or their use for any other purpose constitutes an infringement of the intellectual property rights of GUSTAVE et cie.
The User who has a personal website and who wishes to place, for personal use, on his site a simple link directly to the home page of the Website, must request authorization from GUSTAVE et cie.

ARTICLE 11 – PERSONAL INFORMATION

When ordering, personal data will be subject to computer processing.
The collection of your personal data is necessary for us to take requests into account. By indicating his email, the User will be able to receive a confirmation of his order, but also information on promotional offers and events from GUSTAVE et cie.
In accordance with the Data Protection Act of 6 January 1978, the User has the right to access, rectify and oppose information concerning him/her via the Internet (contact@gustave-et-cie.fr) by indicating his/her surname, first name, address and, if possible, customer number.
In addition, through GUSTAVE et cie, the User may receive commercial proposals from other companies or organizations.
The user is informed that this automated processing of information, in particular the management of users' email addresses, has been declared to the CNIL under number 1835590.
When visiting the Website, GUSTAVE et cie may install a cookie on the User's computer. A cookie does not identify the User; however, it records information relating to browsing from the computer on the Website (the pages viewed, the date and time of viewing, etc.) which may be read during subsequent visits by the User. The retention period for this information is thirty (30) days. GUSTAVE et cie informs that the User may oppose the recording of cookies by configuring their browser from the "tools" and "options" menu.

ARTICLE 12 – APPLICABLE LAW AND JURISDICTION

The General Conditions are subject to French law.
In the event of a dispute, an amicable solution will be sought before any legal action. In the absence of an agreement, the competent court will be that of Dijon.
The Website complies with French law, and under no circumstances does GUSTAVE et cie give any guarantee of compliance with local legislation that may be applicable to you, if you access the Website from other countries.