Article 1 – Scope
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by COMPAGNIE PARISIENNE GESMAN (hereinafter referred to as "the Seller") with non-professional buyers (hereinafter referred to as "the Buyer"), who wish to acquire the products offered for sale by the Seller on its Website: www.samuelgassmann.com
The Seller conceptualises, designs, produces and markets cuff links and pin badges from modern or old materials.
The Buyer is deemed to accept them without reservations.
These General Terms and Conditions of Sales apply to the exclusion of all other conditions, including those applicable to in-store sales or through other distribution and marketing networks.
As such, the re-sale or distribution of the above-mentioned products sold is strictly forbidden.
These General Terms and Conditions of Sale can be accessed at any time on the Website www.samuelgassmann.com and where applicable, will prevail over any other version or any other contradictory document.
Unless proved otherwise, the data recorded by the Seller constitutes proof of all transactions.
The contact details of the Seller's Head Office are as follows:
Société COMPAGNIE PARISIENNE GESMAN
22, Saint-Saëns - 75015 Paris
The products offered for sale on this website are intended for France and the Entire World.
The Seller reserves the right to change its General Terms and Conditions of Sale. The changes to the General Terms and Conditions of Sale are binding to the users of the Website and will take effect from the date of posting on the Website.
Confirmation of the order by the Buyer implies acceptance without reservation of the General Terms and Conditions of Sale.
Article 2 – Availability
The offers of products and prices are valid as long as they are visible on the Website, within the limits of available stocks.
In this context, information on the availability of the products is provided at the time the order is placed.
There may be errors or modifications in exceptional cases, especially in the event of simultaneous orders for the same product by several customers.
In the event of a product being unavailable after the order has been placed, the Seller will inform the Buyer by e-mail or by telephone as soon as possible, suggesting that s/he either orders another item from the Website as a replacement, or cancels his/her order.
If the Buyer chooses to cancel the order, only the cancellation of the order concerning this product and its possible refund shall be processed; the rest of the order will remain firm and definitive.
In the latter case, the Seller shall reimburse the consumer at the latest within 30 days of payment if his/her bank account was debited.
The Seller does not incur any liability if the products are out of stock or unavailable and reserves the right to change the items offered on the Website at any time and without notice.
Article 3 – Orders
By navigating the Website, the Buyer is able to find out about the various products offered for sale on the day the Website is visited.
Navigation on the different pages of the Website does not bind the Buyer to an order in any way.
While navigating the Website, if the Buyer wishes to place an order, s/he will be able to do so by simply clicking on the "Add to basket" button, which appears next to each Product displayed.
L’Acheteur est informé qu'il a, à tout moment du processus de la commande, à savoir jusqu'au paiement effectif de cette dernière, la possibilité de revenir sur cette commande, la compléter, la modifier, l'annuler, et ce, tant qu'il ne l'aura pas validée définitivement.
At the end of the order process, the Buyer is invited to click on the "Pay" button.
Upon confirmation, the order is sent for processing. It can no longer be changed or cancelled except under the terms expressly stipulated in these Terms and Conditions of Sale or under the terms required by current law.
For the order to be confirmed, the Buyer must accept these Terms and Conditions of Sale by clicking on the place indicated. S/he must then choose the address and delivery method and finally confirm the payment method.
Any order implies acceptance of the prices and distribution of the products for sale. Any dispute on this point will occur in the context of a possible exchange and guarantees listed below.
In certain cases, especially in the case of non-payment, incorrect address or any other problem with the Buyer's account, the Seller reserves the right to block the Buyer's order until the problem is resolved.
An order summary will be sent to the Buyer by e-mail.
The data recorded by the Website www.samuelgassmann.com constitute proof of all transactions between the Seller and its customers. In the event of a dispute about a transaction made on the Website, the data recorded by the Seller will be considered as irrefutable proof of the content of the transaction.
Under Article L.134-2 of the Consumer Code, when an order is for an amount equal to or greater than €120, the Seller shall retain the document which embodies the contract concluded between the parties electronically for a period starting from the conclusion of the contract until the date of delivery of the goods and for a period of ten years from this date (in accordance with Decree No. 2005-137 of 16 February 2005). The customer shall have access to this document at any time upon request to contact(-at-)samuelgassmann.com.
For any question relating to the tracking of an order, the Buyer must write to: contact(-at-)samuelgassmann.com.
As these General Terms and Conditions of Sale govern sales to non-professional buyers, the Seller reserves the right to refuse orders of large quantities of the same product.
Article 3 – Prices
The products are supplied at the current price which appears on the Website, at the time the Seller's order is recorded. The prices are in Euros and inclusive of taxes.
For products shipped outside the European Union and French Overseas Departments and Territories, the price quoted does not include customs duties or other local taxes which may be payable. These sums must be paid by the customer and are his/her responsibility both in terms of declarations and payment to the competent authorities.
The Seller reserves the rights to change the prices of the products for sale on the Website at any time and without prior notice. The invoicing of the products is based on a price list posted on the Website at the time the order is confirmed, subject to the availability of the products ordered at this time.
These prices are firm and non-revisable during their period of validity, as indicated on the Seller's Website. They do not include processing, shipping, transport and delivery costs, which are added to the invoice.
An invoice is drawn up by the Seller and issued to the Buyer when the ordered products are delivered.
Article 4 – Terms of Payment
The price is payable in cash, in full on the date the order is placed by the Buyer, by means of secured payment, by the following methods:
Visa, Carte Bleue, American express.
The Seller shall not be required to implement delivery of the products ordered by the Buyer if the latter has not paid it the full price under the conditions set out above.
Payments by bank card are debited at the time the order is dispatched. If any of the ordered items are unavailable (see Article 2 - Availability), only the price and the delivery cost of the available products will be debited.
Payments made by the Buyer shall only be considered as definite once all amounts due have been received by the Seller.
In the case of late payment and payment of sums owed by the Buyer beyond the period specified above, and after the payment date on the invoice sent to him/her, late payment penalties calculated at the rate of three times the legal interest rate of the amount inclusive of all taxes of the purchase price shown on the invoice will be automatically and legally acquired by the Seller, without any formalities or prior notice and will result in the immediate payment of all amounts owed by the Buyer, without prejudice to any other action that the Seller is entitled to instigate, as such, against the Buyer.
Furthermore, in the event of non-compliance with the above payment terms, the Seller reserves the right to suspend or cancel the delivery of current orders placed by the Buyer.
No additional costs, above the costs borne 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 mainland France and throughout the rest of the world within a maximum period of 30 days to the address indicated by the Buyer when he placed his/her order on the Website.
The Buyer must ensure the details he gives are correct and any package returned to the Seller because of an incorrect or incomplete address will be sent back at the Buyer's expense.
Except in special cases or unavailability of one or more products, the products ordered will be delivered at the same time.
If the delivery is made by a third party provider, the Buyer is informed that the Seller may under no circumstances be held liable if the nonfulfillment or improper fulfilment of this obligation is due to the Buyer or to the unforeseeable and insurmountable act of a third party to the contract, or a case of force majeure.
The Seller promises to do its best to deliver the products ordered by the Buyer within the time specified above. However, these delivery times are only indicative and a possible overrun shall not give rise to any damages, withholding or cancellation of the order by the Buyer. However, if the goods ordered have not been delivered within 30 working days after the date of delivery for any reason other than force majeure, the sale may be cancelled at the written request of the Buyer or Seller. The sums paid by the Buyer will be refunded to him immediately, without any compensation or deduction.
Any delivery delay must be reported as soon as possible to the following address: contact (-at-)samuelgassmann.com.
Delivery is deemed to be made when the Seller has handed over the ordered products to the carrier and as soon as the Seller has handed over the sold goods to the carrier who has accepted them without reservations. The Buyer acknowledges that it is the carrier's responsibility to make the delivery and that s/he has no warranty claim against the shipping agent, namely the Seller in the event that the transported goods fail to be delivered.
If the Buyer has made a special request regarding transport packaging requirements for the ordered products, duly accepted in writing by the Seller, an additional specific invoice shall be issued for the attached costs, following a quotation previously accepted in writing by the Buyer.
The Buyer must check the condition of the delivered products. S/he has three (3) days from delivery to express any reservations or claims, in writing by registered post with acknowledgement of receipt, for non-compliance with visible defects of the delivered products with all supporting documents relating thereto. Once this time limit has passed and in respect of non-compliance with the formalities, the products are deemed compliant and free from any visible defect and no claim may be validly accepted by the Seller.
Any reservations of this type must also be reported to the following address: contact (-at-)samuelgassmann.com
Article 6 - Transfer of ownership and transfer of risk
The transfer of ownership of the Seller's products and the consequential transfer of risk of loss and damage thereto will be made upon acceptance of the order by the Seller, embodying the agreement of the parties on the thing and the price, after full payment by the Buyer, regardless of the delivery date. Products travel, therefore, at the risk of the Buyer who may, in the event of damage, make any claim against the carrier in accordance with current legal and regulatory requirements.
In any case, the products remain the property of the Seller until the order has been paid in full.
Article 7 - Right of Withdrawal
In accordance with the provisions in Article L.121-20 of the French Consumer Code, the Buyer has fourteen (14) working days from the date of delivery of the order to return the ordered product(s) which s/he finds unsatisfactory.
The product(s) must be returned in full, in perfect condition and in their original packaging accompanied by the invoice and a supporting letter to the following address: Compagnie parisienne Gesman – 22, rue Saint-Saëns – 75015 Paris - France
The Seller agrees to refund the consumer the total amount paid, apart from the return expenses. The refund will be made using the same payment method as the order, within a maximum of thirty (30) days after the consumer exercises his/her right of withdrawal, upon fulfilment of the above conditions.
Article 8 – Liability of Seller – Warranties
Products supplied by the Seller have, in accordance with legal provisions:
a legal guarantee of conformity,
a legal guarantee against the hidden defects from faulty material, design or workmanship affecting the delivered products and rendering them unfit for use,
the manufacturer's warranty, depending on the products and brands concerned.
The Warranty is excluded in the case of misuse, neglect or lack of maintenance by the Buyer, as in the case of normal wear and tear, accident or force majeure; the Seller's warranty is limited to replacement or reimbursement of non-conforming products or those with defects.
In order to benefit from this guarantee, the Buyer must inform the Seller in writing of the fault, within three (3) days of discovering it, or risk loss of rights to the guarantee.
The Seller will replace or have repaired products or parts found to be defective under warranty.
The products sold on the Website comply with current regulations in France. The Seller shall not be liable for any failure to comply with the legislation of the country in which the products are delivered, which must be checked by the Buyer.
The photographs and illustrations accompanying the products on the Website have no contractual value and therefore cannot incur the liability of the Seller.
As every product for sale is unique, the colours, tones and details which appear on the Website have no contractual value and, likewise, cannot incur the Seller's liability.
For products manufactured from old materials, the Buyer shall acknowledge that the inherent wear of the material and its change over time may under no circumstances be considered as a defect.
The Buyer is solely responsible for the choice of products, their storage and use.
The Seller shall not be held liable nor in default for any delay or non-fulfilment resulting from an event of force majeure usually recognised by French law.
Article 9 - Data processing and individual liberties
Under Law No.78-17 of 6 January 1978, the user is reminded that the personal information requested from the Buyer is required for processing his/her order and drawing up invoices in particular.
Processing of the information sent through the Seller's Website has been declared to the French National Commission for Information Technology and Civil Liberties (CNIL) (receipt No. 1622446).
In accordance with current national and European regulations, the Buyer has a right to permanently access, modify, correct and block information about him/her.
Article 10 – Intellectual Property
The Website content belongs to the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute a copyright infringement.
Article 11 – Applicable Law – Language
By express agreement between the parties, this agreement is governed by French law.
It is written in the French language. If it is translated into one or several languages, the French version shall be the only authoritative text in the event of a dispute.
Article 12 – Disputes
Any dispute which may arise from this agreement regarding its validity, interpretation, fulfilment, termination, their consequences and repercussions, shall be submitted to the competent courts under the conditions of common law.
Article 13 – Pre-contractual information – Acceptance of the Buyer
The Buyer acknowledges that, prior to the conclusion of the agreement, s/he was informed clearly and comprehensibly of these General Terms and Conditions of Sale and of all the information referred to in Article L. 121-19 of the Consumer Code and in particular:
the main features of the services offered, to an extent appropriate to the communication medium used and the products concerned;
the identity of the trader (trading name, geographic address where the business is established and e-mail);
the total price of the services including all taxes, or, where the price cannot be reasonably calculated in advance because of the nature of the service, the calculation method of the price and, if the need arises, any other costs or, where such additional costs cannot be reasonably calculated in advance, the fact that they may be payable;
the reminder of the legal guarantee of conformity for services, the existence of an after-sales service and commercial warranty, where applicable and the relevant conditions;
the contract period, if applicable, or, in the case of a permanent contract with automatic renewal, the conditions for terminating the contract;
The act of an individual or legal entity ordering from the Seller's website implies approval and full and total acceptance of these General Terms and Conditions of Sale, which is expressly recognised by the Buyer, who renounces taking advantage of any contradictory documents which would be non-invocable against the Seller.