General Terms and Conditions of Sale
1. Regarding the Present General Terms and Conditions of Sale
The purpose of these general terms and conditions of sale (hereinafter, the 'General Terms and Conditions of Sale' or 'GTCS') is to govern the contractual relationship between ALTESSE SASU, a simplified limited company with a sole shareholder and a share capital of 1,000,000 euros, whose registered office is at 7 rue Auber, Paris (75009) and which is registered on the Company and Trade Register of Paris under no. 801 233 925 (hereinafter, 'ALTESSE'), and any individual or legal entity wishing to make a purchase on the website www.lesgeorgettes.com (hereinafter, the 'Client').
These General Terms and Conditions of Sale apply to products ordered on the website www.lesgeorgettes.com (hereinafter, the 'Products').
2. Changes to the General Terms and Conditions of Sale
ALTESSE reserves the right to make changes to the General Terms and Conditions of Sale at any time. Any new versions of the General Terms and Conditions of Sale will take immediate effect on the date they are published, and will govern all Products purchased from this date onwards.
Article 1. Products
1.1 Descriptions and photographs
ALTESSE takes the utmost care in terms of the photographs and descriptions of its Products in order to provide its Customers with the best possible information. The Customer accepts that the photographs displayed on the website are for illustration purposes only and that actual Products may vary. As such, their visual appearance may differ very slightly to that of those seen in the photographs, particularly in terms of color and texture. The Customer accepts that ALTESSE may not be held liable in this regard.
Nor may ALTESSE be held liable for any errors or omissions in the photographs.
Products are available for as long as stocks last. Stock is updated automatically in real time. Nevertheless, ALTESSE may not be held liable for any errors in this respect, no matter what the reasons for these are. Nor may ALTESSE be held liable where orders have to be cancelled due to a Product not being in stock.
ALTESSE reserves the right to refuse any orders which contain more than five of the same Product.
Article 2. Orders
2.1 Order process
The Customer selects the Product they wish to purchase and then clicks on the 'Add to cart' button, found under the Product description. The Product is then automatically added to the Customer's cart. The Customer may continue browsing the website and adding Products to their cart.
By clicking on 'See my cart', the Customer is able to see what is in their cart, as well as the price and features of each Product. Here, they are also able to remove any Products they wish from their cart. The Customer may then complete their order by clicking on 'Checkout'.
Before paying, the Customer is able to check the details of their order and the total price, and correct any mistakes. The Customer is responsible for ensuring their order is correct. They may then choose the payment method of their choice (please see the 'Secure Payment' page). The 'Pay' button represents the final step in the order process and results in the Customer paying for the order placed on the website.
2.2 Confirmation of orders
Orders will not be considered to be confirmed until after payment has been authorized.
ALTESSE reserves the right to refuse or cancel orders at any time on reasonable grounds, at its sole discretion. For example, ALTESSE may refuse or cancel an order if there is an ongoing dispute regarding payment of a previous order, or where ALTESSE, at its sole discretion, suspects (i) fraudulent activity; or (ii) any other breach of the General Terms and Conditions of Sale.
ALTESSE also reserves the right to cancel an order in full or in part where there are issues with one of its suppliers, as well as due to force majeure. ALTESSE would inform the Customer as soon as it becomes aware of such a situation and proceed to issue a refund for the amount paid by the Customer. This refund may be full or partial, depending on whether the entire order is cancelled or just part of it.
Once the order has been confirmed by ALTESSE, confirmation is sent to the email address provided by the Customer as soon as possible.
2.3 Changing and canceling orders
Due to technical reasons relating to distance selling, orders may not be changed or canceled. The Customer may exercise their right to cancel and return their order after they have received it (during the cooling-off period).
2.4 Tracking orders
After receiving the confirmation email from ALTESSE, the Customer may check the status of their order and track it by clicking on the 'My account' button and then on 'Order history and details'. The Client may also find information on their order using the link in the order confirmation email.
Article 3. Payment
3.1 Price of Products
The currency depends on the country where the Customer is located. However, the Customer may select a different country for their order to be delivered to. In this case, the prices displayed will be those applicable to the country of delivery chosen by the Customer.
For delivery to countries in Europe:
The applicable prices are displayed in euros (including VAT) on the website and in the Customer's cart, before the order is placed.
For delivery outside the European Union:
The currency will change based on the shipping address. The Customer will see the currency in their cart before placing their order. The Customer must pay close attention to the prices and currency used.
Prices do not include customs duties and all related charges, these being the sole responsibility of the Customer. The Customer is also responsible for shipping charges and additional charges, which they will be made aware of before their order is confirmed, and which will be added to the price of their order.
The sales prices of Products are those current on the day the order is placed. ALTESSE reserves the right to change its prices at any time. However, the prices current on the day of sale will be applied.
In accordance with Article L221-14 of the French Consumer Code, the Customer is informed and accepts that by placing an order on the website, they undertake to pay for their order in full and confirm that they have the capacity and means necessary to do so.
Products ordered remain the sole property of ALTESSE until the order has been paid for in full (including shipping charges).
3.2 Payment methods
For information on payment methods, please visit our 'Secure Payment' page.
Article 4. Shipping
For information on shipping options, please visit our 'Shipping' page.
Article 5. Cooling-off period
5.1 Period and conditions
For information on how to cancel and return your order during the cooling-off period, please visit our 'Returns' page.
5.2 Cases where the cooling-off period does not apply
In accordance with Article L221-28 of the French Consumer Code, the cooling-off period does not apply to personalized Products (including engravings, welded letters and cut-out names).
5.3 Cases the warranty does not cover
The warranty does not cover the following:
- Incorrect or inappropriate use or care;
- Damage caused by incorrect handling, abusive or non-standard use, intentional or accidental physical alterations, or professional or commercial use;
- Patent defects discovered and Products damaged during shipping, after delivery or due to improper use;
- Damage caused by external events (lightning strikes, water damage, etc.);
- Work carried out on jewelry by an individual not authorized by our After-Sales Service, or damage caused by such work.
Article 6. Guarantees – Responsibility of the Seller
The Products are covered by:
- A legal guarantee of conformity (as established in Article L217-4 et seq. of the French Consumer Code);
- A legal guarantee against hidden defects (as established in Article 1641 et seq. of the French Civil Code).
Legal guarantee of conformity
Article L217-4 of the French Consumer Code: "The seller is required to deliver a product which complies with the contract and shall be liable for any lack of conformity which exists upon delivery. They shall also be liable for any lack of conformity caused by packaging, assembly instructions or installation, where they are responsible for the latter by virtue of the contract, or it is carried out under their responsibility".
Article L211-5 of the French Consumer Code: "In order to comply with the contract, the product must:
1) Be suitable for the purpose usually associated with such a product and, where applicable:
match the description given by the seller and have the same characteristics as the sample or model provided to the buyer by the seller;
have the characteristics that a buyer can reasonably expect based on the information made publicly available by the seller, manufacturer or their representative, including through advertising or labelling;
2) Or have the features mutually agreed upon by the parties, or be suitable for any special purposes specified by the buyer, where the seller has been made aware of and accepted these".
Article L211-12 of the French Consumer Code: "Claims resulting from a lack of conformity lapse two years after delivery"
Guarantee against hidden defects
Article 1641 of the French Civil Code:"The seller is required to provide a guarantee against hidden defects for items they sell which render them unfit for their intended purpose, or which diminish their use so much that the buyer would not have purchased them, or would have only purchased them at a lower price, if they had been aware of them".
Article 1648 of the French Civil Code: "Claims relating to redhibitory defects must be brought by the buyer within two years of discovering said defect. In the case provided for in Article 1642-1, claims must be brought within one year from when the seller may be discharged from liability relating to any patent defects or lack of conformity. Otherwise, the buyer will be time-barred".
You are reminded that, under the legal guarantee of conformity:
- the Customer has two (2) years from the delivery of the product to bring a claim;
- the Customer will be asked if they would like a replacement product, provided the provisions relating to cost in Article L217-9 of the French Consumer Code are met. If the Product cannot be replaced, the Customer will be entitled to a refund;
- the Customer is not required to provide proof of the lack of conformity of the Product for twenty-four months from when it is delivered.
The legal guarantee of conformity applies irrespective of any commercial guarantee covering the Product.
The Customer may decide to make use of the guarantee against hidden defects found in Products, in accordance with Article 1641 of the French Civil Code. In such cases, they may choose between the rescission of the sale or a discount on the price, as per Article 1644 of the French Civil Code.
ALTESSE may not be held liable in the following cases:
- Where the law of the country the Products are delivered to is not respected. The Customer is responsible for ensuring this.;
- Where the Customer uses a Product in an improper way or for professional purposes, is negligent or fails to take proper care of it, or where there is normal wear and tear, an accident or force majeure.
The warranty offered by ALTESSE is, in all cases, limited to replacing or providing a refund for Products displaying a lack of conformity or defect.
Article 7. Intellectual property
The content found on the website www.lesgeorgettes.com belongs to the company ALTESSE and its partners, and is protected by French and international intellectual property laws.
Any reproduction, either in part or in whole, of this content is strictly forbidden and may be considered an infringement of copyright. Under no circumstances must any part of the website, including its visual and audio content, be reproduced, used or published. All links and hyperlinks to it are strictly forbidden without express written permission from ALTESSE.
Furthermore, the company ALTESSE holds the intellectual property rights to all photographs, presentations, studies, drawings, models, prototypes, etc. produced (even those done at the request of the Customer) in order to provide services to the latter. Any reproduction or use of these studies, drawings, models, prototypes, etc. is forbidden without prior, express written permission from the company ALTESSE, which may grant this in exchange for payment.
Thus, those responsible for any copies or use of the above, or use of the brands ALTESSE, LES GEORGETTES or LES GEORGETTES BY ALTESSE, as well as any parasitic business practices which use the website, will be automatically prosecuted and punished.
Article 8. Data protection
8.1 Personal data
Article 9. Applicable law and disputes
The General Terms and Conditions of Sale, as well as all associated activities, are governed and subject to French law.
The Generals Terms and Conditions of Sale are written in French. If they are translated into one or more other languages, the French version will prevail in the event of disputes.
In any case, in the event of disputes, the Customer may seek conventional mediation, including through the Consumer Mediation Commission (Art. L612-1 of the French Consumer Code) or through sector-specific mediation bodies, details of which can be found at www.medicys.fr The Customer may also use any alternative dispute resolution process, such as conciliation.
The European Commission also has a dispute resolution platform, where you can file a complaint, which can be accessed at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show
If an amicable agreement is not reached, the parties will submit the dispute to the relevant court, in accordance with ordinary law.
Article 10. Record retention period and acceptance of proof
Exact copies of order records and invoices are kept by ALTESSE using reliable and robust means. Electronic records belonging to ALTESSE are considered by the parties to represent proof of correspondence, orders, payments and transactions between them.