General terms and conditions of sale
Article 1 - Scope of application
The present General Conditions of Sale apply, without restriction or reserve, to all sales concluded by the company COMPAGNIE PARISIENNE GESMAN (hereinafter "the Seller") with non-professional purchasers (hereinafter "the Purchaser"), wishing to acquire the products offered for sale by the Seller on its Internet site: www.samuelgassmann.com, namely :
The Seller conceptualizes, designs, produces and markets cufflinks and pins from modern or antique materials.
The Buyer is deemed to accept them without reservation.
These General Terms and Conditions of Sale apply to the exclusion of all other terms and conditions, and in particular those applicable to sales in shops or through other distribution and marketing channels.
As such, the resale or distribution of the above-mentioned products is strictly forbidden.
These General Terms and Conditions of Sale are accessible at any time on the website www.samuelgassmann.com and shall prevail, if necessary, over any other version or any other contradictory document.
In the absence of proof to the contrary, the data recorded by the Seller constitutes proof of all transactions.
The Seller's registered office is located at the following address
Company COMPAGNIE PARISIENNE GESMAN
22, rue Saint-Saëns - 75015 Paris
The products presented on this website are offered for sale in France and throughout the world.
The Seller reserves the right to modify its General Conditions of Sale. The modifications of the General Conditions of Sale are opposable to the users of the site as from their implementation.
The validation of the order by the Buyer implies unreserved acceptance of the General Conditions of Sale.
Article 2 - Availability
Product offers and prices are valid as long as they are visible on the site, within the limits of available stocks.
In this context, information on the availability of products is provided at the time of placing the order.
Errors or changes may exceptionally occur, particularly in the case of simultaneous orders of the same product by several customers.
In the event that a product is unavailable after the order has been placed, the Seller will inform the Buyer by e-mail or telephone as soon as possible, offering him/her either to order another article presented on the site as a replacement, or to cancel his/her order.
If the Buyer chooses to cancel the order, only the cancellation of the order concerning this product and its possible reimbursement will then be carried out, the rest of the order remaining firm and definitive.
In this last hypothesis, the Seller will reimburse the consumer at the latest within 30 days of payment if the bank account has been debited.
The Seller shall not be held liable in the event of stock shortages or unavailability of products and reserves the right to change the items offered on the site at any time and without notice.
Article 3 - Ordering
By browsing the site, the Buyer has the possibility to take note of the different products offered for sale on the day of the consultation of the site.
Browsing the various pages of the site does not commit the Buyer to an order.
While browsing the site, the Buyer wishing to place an order may do so by simply clicking on the "Add to basket" button, which appears next to each Product viewed.
The Buyer is informed that, at any time during the order process, i.e. until the actual payment of the order, he/she has the possibility to go back to the order, complete it, modify it, cancel it, and this, as long as he/she has not definitively validated it.
At the end of the ordering process, the Buyer is invited to click on the "Checkout" button.
As soon as the order is validated, it is sent for processing. It may only be modified or cancelled under the conditions expressly provided for in these General Terms and Conditions of Sale or under the conditions required by the law in force.
For the order to be validated, the buyer must accept, by clicking on the indicated place, the present General Sales Conditions. He/she must then choose the address and the delivery method and finally validate the payment method.
Any order implies acceptance of the prices and distribution of the products for sale. Any dispute on this point will be dealt with in the context of a possible exchange and the guarantees mentioned below.
In certain cases, in particular in the event of non-payment, incorrect address or other problem on the Buyer's account, the Seller reserves the right to block the Buyer's order until the problem is resolved.
A summary of the order will be sent to the Buyer by e-mail.
The data recorded by the site www.samuelgassmann.com constitutes proof of all transactions between the Seller and its customers. In the event of a dispute over a transaction carried out on the website, the data recorded by the Seller shall be considered irrefutable proof of the content of the transaction.
Pursuant to Article L. 134-2 of the Consumer Code, when an order is for an amount equal to or greater than €120, the Seller shall keep the written record of the contract concluded between the parties by electronic means for a period running from the conclusion of the contract until the date of delivery of the goods and for a period of ten years thereafter (pursuant to Decree No. 2005-137 of 16 February 2005). The consumer then has access to this document at any time, on request to contact(-at-)samuelgassmann.com.
For any question relating to the follow-up of an order, the Buyer must write to: contact(-at-)samuelgassmann.com.
As these General Terms and Conditions of Sale govern the sale to non-professional buyers, the Seller reserves the right to refuse orders for the same product in large quantities.
Article 3 - Tariffs
The products are supplied at the current price listed on the site, at the time the order is registered by the Seller. The prices are expressed in Euros, all taxes included.
For products shipped outside the European Union and French Overseas Departments and Territories, the price does not include customs duties or other local taxes that may be due. These sums are to be paid by the customer and are the customer's responsibility both in terms of declarations and payment to the competent authorities.
The Seller reserves the right to modify at any time and without notice the prices of the products offered on the site. The products are invoiced on the basis of the prices displayed on the site at the time of validation of the order, subject to availability of the products ordered at that moment.
These prices are firm and non-revisable during their period of validity, as indicated on the Seller's site. They do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition.
An invoice is issued by the Seller and given to the Buyer upon delivery of the ordered products.
Article 4 - Terms of payment
The price is payable in full on the day the order is placed by the Buyer, by secure payment, using the following methods:
Visa, Carte Bleue, American Express.
The Seller shall not be obliged to deliver the products ordered by the Buyer if the Buyer does not pay the price in full in accordance with the above conditions.
Payments by credit card are debited at the time the order is shipped. In the event of the unavailability of certain items ordered (see Article 2 - Availability), only the price and transport costs relating to the available products will be debited.
Payments made by the Buyer will only be considered as final after the effective collection of the amounts due by the Seller.
In the event of late payment and payment of the sums due by the Buyer beyond the deadline set out above, and after the payment date shown on the invoice sent to the Buyer, late payment penalties calculated at 3 times the legal interest rate of the amount including VAT of the purchase price shown on the said invoice, will be automatically and automatically acquired by the Seller, without any formality or prior notice of default and will result in the immediate payment of all sums due by the Buyer, without prejudice to any other action that the Seller may be entitled to take against the Buyer in this respect.
In addition, the Seller reserves the right, in the event of non-compliance with the above payment conditions, to suspend or cancel the delivery of orders in progress made by the Buyer.
No additional costs beyond those incurred by the Seller for the use of a payment method may be charged to customers.
Article 5 - Delivery
The products purchased by the Buyer will be delivered in metropolitan France and in the rest of the world within a maximum of 30 days to the address indicated by the Buyer when ordering on the website.
The Buyer must ensure that the address is correct and any parcel returned to the Seller because of an incorrect or incomplete address will be reshipped at the Buyer's expense.
Except in special cases or when one or more products are unavailable, the products ordered will be delivered at once.
As the delivery is carried out by a third party service provider, the Buyer is informed that the Seller cannot be held responsible in any way if the non-performance or poor performance of this obligation is attributable to the Buyer or to the unforeseeable or insurmountable act of a third party to the contract or to a case of force majeure.
The Seller undertakes to make its best efforts to deliver the products ordered by the Buyer within the time limits specified above. However, these deadlines are communicated as an indication and a possible exceeding of these deadlines shall not give rise to any damages, nor shall it give rise to the cancellation of the order by the Buyer. However, if the ordered products have not been delivered within 30 days after the indicative delivery date, for any other reason than force majeure, the sale may be cancelled at the written request of the Buyer or the Seller. The sums paid by the Buyer will be returned to him without delay, to the exclusion of any compensation or deduction.
Any delay in delivery must be reported as soon as possible to the following address: contact(-at-)samuelgassmann.com.
Delivery is deemed to have taken place as soon as the goods ordered have been handed over by the Seller to the carrier, once the Seller has handed over the goods sold to the carrier who has accepted them without reservation. The Buyer therefore acknowledges that it is the carrier's responsibility to make the delivery and has no recourse against the shipper, even if it is the Seller, in the event of failure to deliver the goods transported.
In the event of a specific request by the Buyer concerning the conditions of packaging for the transport of the ordered products, duly accepted in writing by the Seller, the related costs will be subject to specific additional invoicing, upon prior written acceptance of the Buyer.
The Buyer is required to check the condition of the products delivered. The Buyer shall have a period of three (3) days from the date of delivery to lodge a written complaint by registered letter with acknowledgement of receipt concerning any reservations or claims for non-conformity with the apparent defects of the products delivered, together with all the relevant supporting documents. After this period and in the absence of having respected these formalities, the products will be deemed to be in conformity and free of any apparent defect and no claim could be validly accepted by the Seller.
Any such reservation must also be notified to the following address: contact(-at-)samuelgassmann.com.
Article 6 - Transfer of ownership and risk
The transfer of ownership of the Seller's products and the correlative transfer of the risks of loss and deterioration relating thereto, will be realised as soon as the order is accepted by the Seller, materialising the agreement of the parties on the item and the price, after full payment of the price by the Buyer, and this, regardless of the date of delivery. The products travel at the risk of the Buyer who may, in the event of damage or deterioration, make any claim to the carrier under the legal and regulatory conditions in force.
In all cases, the products remain the property of the Seller until full payment of the order.
Article 7 - Right of withdrawal
In accordance with the provisions of article L.121-20 of the French Consumer Code, the Buyer has a cooling-off period of fourteen (14) working days, starting from the day of delivery of the order, to return the product(s) ordered which do not satisfy him/her.
The product(s) must imperatively be returned complete, in perfect condition and in their original packaging, accompanied by the invoice and an accompanying letter to the following address Compagnie parisienne Gesman - 22, rue Saint-Saëns - 75015 Paris - France
The Seller undertakes to reimburse the consumer for the totality of the sums paid, with the exception of the return costs. The reimbursement shall be made using the same method of payment as for the order, within a maximum of thirty (30) days after the consumer has exercised the right of withdrawal, subject to compliance with the conditions mentioned above.
Article 8 - Seller's liability - Warranty
The products supplied by the seller benefit in accordance with the legal provisions:
the legal guarantee of conformity,
the legal guarantee against hidden defects resulting from a defect in materials, design or manufacture affecting the products delivered, making them unfit for use, the manufacturer's guarantee, depending on the products and brands concerned.
The Guarantee is excluded in the event of misuse, negligence or lack of maintenance on the part of the Buyer, as well as in the event of normal wear and tear, accident or force majeure; the Seller's guarantee is limited to the replacement or reimbursement of products that do not conform or are affected by a defect.
In order to assert his rights, the Buyer must, under penalty of forfeiture of any action relating thereto, inform the Seller in writing of the existence of a defect within a maximum period of three (3) days from their discovery.
The Seller will replace or repair the products or parts under warranty deemed defective.
The products sold on the website comply with the regulations in force in France. The Seller shall not be held responsible for any failure to comply with the legislation of the country to which the products are delivered, which it is the Buyer's responsibility to check.
The photographs and illustrations accompanying the products on the website have no contractual value and the Seller shall not be held liable for them.
As each product offered for sale is unique, the colours, tones and details shown on the website have no contractual value and shall not engage the responsibility of the Seller.
For products made from old materials, the Buyer acknowledges that the inherent wear and tear of the material and its evolution over time can in no way be considered as a defect.
The Buyer is solely responsible for the choice of products, their conservation and their use.
The Seller shall not be considered responsible or in default for any delay or non-performance resulting from the occurrence of a case of force majeure as usually recognised by French case law.
Article 9 - Data protection
In application of the law n°78-17 of January 6, 1978, it is recalled that the nominative data which are requested from the purchaser are necessary for the treatment of its order and the establishment of the invoices, in particular.
The processing of information communicated through the seller's site has been declared to the CNIL (receipt no. 1622446).
The Buyer has, in accordance with the European national regulations in force, a permanent right of access, modification, rectification and opposition with regard to the information concerning him/her.
Article 10 - Intellectual property
The content of the site is the property of the Seller and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.
Article 11 - Applicable law - Language
By express agreement between the parties, this contract is governed by French law.
It is written in French. In the event that it is translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.
Article 12 - Disputes
All disputes to which this contract may give rise, concerning its validity, interpretation, performance, termination, consequences and consequences shall be submitted to the competent courts under the conditions of common law.
Article 13 - Pre-contractual information - Acceptance by the Buyer
The Buyer acknowledges having been informed, prior to the conclusion of the contract, in a clear and comprehensible manner, of the present general terms and conditions of sale and of all the information and details referred to in Article L. 121-19 of the Consumer Code and in particular :
the main characteristics of the services offered, to the extent appropriate to the communication medium used and the products concerned
the identity of the trader (company name, geographical address of the establishment and e-mail address)
the total price of the services including all taxes or, where the price cannot reasonably be calculated in advance because of the nature of the service, the method of calculating the price and, where applicable, any additional charges or, where such charges cannot reasonably be calculated in advance, the fact that such charges may be payable;
a reminder of the legal guarantee of conformity of the services, existing after-sales service and commercial guarantee, if any, and the conditions relating thereto
the duration of the contract, if applicable, or if it is an automatically renewable open-ended contract, the conditions for terminating the contract.
The fact that a natural or legal person orders on the Seller's website implies full and complete acceptance of these General Terms and Conditions of Sale, which is expressly recognised by the Buyer, who waives, in particular, the right to rely on any contradictory documents, which would be unenforceable against the Seller.