General conditions of sale
Last updated on: September 20, 2024
Goldouz Paris is a sole proprietorship under French law registered in the Paris Trade and Companies Register under number 903473890 and whose head office is located at 63 rue de chemin vert 75011 Paris, represented by Sarah Goldouz.
The Service Provider can be contacted at the following contact details:
- 63 rue du chemin vert, 75011 Paris
- 0668632078
- sarah@goldouz.fr
Article 1 - SCOPE OF APPLICATION
These general terms and conditions of sale apply to the online sale of products marketed by the Seller. The company produces and markets leather goods, decoration and stationery items for consumers.
The General Conditions provide in particular the conditions of purchase, payment and delivery of the Products ordered by the Customer. The Customer may refer to the description of each Product appearing in the Seller's catalogue in order to know the characteristics of the latter.
Placing an order for Products implies, on the part of the Customer, prior acceptance without restriction or reservation of the General Conditions, which the Customer declares to have read.
The General Conditions are applicable subject to any contrary stipulation appearing in the purchase order or in any special conditions concluded between the Seller and the Customer concerned.
The General Conditions are understood without prejudice to the applicable legal provisions and in particular those provided for by the Consumer Code.
Article 2 – PRODUCTS AND AVAILABILITY
The price and essential characteristics of each Product are described in by the Seller. The descriptions may include indications, photographs and graphics which are communicated for illustrative purposes only and may be modified/updated by the Seller.
The Products offered comply with French legislation and European CE standards in force at the time the order is placed.
The fact that the Seller presents Products in its catalogue does not constitute an obligation to market them, particularly in the event of stock shortages, unavailability of the Products or impossibility of marketing said Products, whatever the reason.
In the event that one or more Product(s) is/are unavailable following the placing of an order, the Seller will inform the Customer in writing of the waiting period for receipt of the temporarily unavailable Product. In this case:
- the Seller may, with the Customer's agreement, offer at the same price a product of an identical nature to that initially ordered. In this case, the return costs resulting from the possible exercise of the right of withdrawal will be borne by the Seller for this product;
- the Customer will have the choice of waiting for the availability of the missing Product(s) in order to receive the entire order in a single shipment;
- the Customer may cancel the order completely; or
- the Customer may cancel the order for the unavailable Product(s) and thus receive the other Products included in the order within the announced timeframes.
In the last two cases and when the Customer has already paid a sum, he will be reimbursed according to terms equivalent to those applicable in the event of exercising the right of withdrawal.
Article 3 - ORDERS
3.1 Placing an order
Any Customer wishing to place an order with the Seller must create a customer account with essential information, accept the general conditions of sale, confirm the order and proceed to payment for the products.
Confirmation of the order takes place upon receipt of an email. The order thus becomes firm and definitive, subject however to the possible application of the Customer's right of withdrawal.
No order may therefore be modified or cancelled without prior written agreement between the Seller and the Customer.
3.2 Control of orders
Each Customer guarantees the sincerity and accuracy of the information provided for the purposes of their order and undertakes to notify the Seller of any possible modification.
To combat fraud, the Seller or its payment or delivery service providers may be required to request additional supporting documents from the Customer (in particular proof of address and/or a copy of an identity document) or contact the latter, at the time of acceptance and/or shipment of the order. In the event of an unjustified refusal by the Customer to provide the requested information and/or supporting documents, the Seller reserves the right not to accept or to cancel the order without this being the subject of any dispute.
The Seller also reserves the right not to accept or to cancel the order of any Customer who has provided incorrect information, who does not pay for the Products, with whom there is a dispute relating to the payment of a previous order or who presents an abnormally high order level.
Article 4 – PRICE CONDITIONS
The Products are sold at the price in effect on the day of the order, expressed in euros and including all charges (French value added tax and other taxes applicable on the day the order is registered).
The prices are firm and not subject to revision during their period of validity.
Any costs for transport, delivery, order processing (postage, packaging, preparation of the package, optional services subscribed to by the Customer) and other costs, interest and commissions are indicated on the order form and are established according to the place and method of delivery selected by the Customer, as well as the type of Product and/or the quantity of Products ordered by the Customer.
When the Products are not received by the Customer and must be reshipped, additional processing, shipping, transport and delivery costs may be invoiced to the Customer under conditions identical to those provided for in the purchase order.
The Seller reserves the right to modify its prices at any time for any Products ordered after this modification.
Any price reductions, discounts and rebates may apply to the Products under the conditions set out in the Seller's catalogue or in any other document that may be communicated to the Customer. In the event of a promotional rate, the Seller undertakes to apply this rate to any order placed during the promotional period.
Any change in tariffs resulting from an increase in value added tax or the creation of any new tax based on the price of the Products will be immediately and automatically applied.
Article 5 - BILLING AND PAYMENT CONDITIONS
The Products are invoiced and the price is payable in full upon ordering.
By providing their banking information during the sale, the customer authorizes the seller to debit the bank account associated with the means of payment for the amount indicated in the order.
In the event of an error or inability to debit the customer's account, the order is cancelled.
Upon payment of the amount agreed under the conditions referred to in this article, the Seller will send the Customer an email confirming payment to the email address provided by the latter.
Article 6 – DELIVERY OF PRODUCTS
6.1 Purchase or collection in store
The Customer will have the option to directly purchase the Products available in the workshop, or to collect their order from a store operated by the Seller by presenting the order number and proof of identity. In the event that the Customer is unable to collect their order themselves, the person appointed by them to collect the package must provide the Customer's proof of identity and the order number.
6.2 Delivery
Delivery of the Products ordered by the Customer may not take place until the Customer has paid for the order.
The time required to process an order may vary between 7 to 14 days, excluding announced holiday periods.
● Deadlines and conditions of dispatch and delivery of the Products
Upon confirmation of the order and payment by the Customer, the Products will be shipped according to the method, to the address and within the delivery time appearing on the order form with the corresponding invoice.
In the event of delivery outside mainland France, the Customer will be considered the importer of the Products and required to comply with the regulations of the country of delivery, it being specified that cross-border deliveries may, where applicable, be subject to an opening and inspection procedure by the customs authorities.
As soon as the order is shipped, the Seller will send the Customer an email confirming the shipment of the order and including, where applicable, the tracking number of the package to ensure the status of the delivery.
In the absence of precision on the date or the delivery period, the delivery cannot exceed thirty (30) days following the date of the confirmation of the order.
The Products ordered may be subject to one or more separate deliveries.
● Delivery to specific addresses
When delivery takes place to a collective address, the Customer acknowledges that the routing of the order takes place upon actual delivery to the collective address indicated in the order form.
When delivery takes place in certain areas that are difficult to access, delivery may be made to the nearest delivery center or to the final address by a carrier independent of the carrier used by the Seller, with the Customer being responsible for paying any additional costs.
● Absence upon delivery
In the context of delivery by the services of “La Poste”, the Customer who is absent at the time of delivery has a certain period of time specified on the voucher issued by the services of “La Poste” in order to collect his parcel from the indicated post office.
For delivery by appointment (heavy and bulky products), the carrier will contact the Customer directly to agree on a delivery time. In the event of the Customer's absence at the agreed time, the Customer must notify the carrier before the agreed delivery date and in accordance with the terms specified by the carrier. Failing this, the costs relating to a new delivery by the carrier will be invoiced to the Customer.
● Delay and error in delivery
The Seller may not under any circumstances be held responsible for delays in delivery attributable to postal services or carriers.
However, in the event of a delay in the delivery of the Products, for any reason other than force majeure or the actions of the Customer, the Customer may cancel the order under the conditions set out in Articles L.216-2, L.216-3 and L.241-4 of the Consumer Code, after having ordered the Seller to make the delivery within a reasonable additional period.
The Customer also undertakes to inform the Seller of any non-delivery within fifteen (15) days following receipt of the email confirming the shipment of his order, so that the Seller can, if necessary, assist the Customer in taking the appropriate steps with the carriers.
Furthermore, in the event of a delivery error resulting from the communication of inaccurate information by the Customer (place of delivery, accessibility of the place or any other problem) resulting in the need to make a new delivery, the related costs will be invoiced to the Customer.
6.3 Conformity of delivery
The Seller will be required to take back the Products in the event of delivery of Products that are non-compliant or damaged upon delivery.
In this regard, the Customer is required to check the condition of the package and the Products upon receipt and to make precise reservations on the delivery slip co-signed by the carrier in the event of non-conformity or deterioration of the Products upon delivery.
Reservations must be brought to the attention of the Seller immediately by completing a return form within a maximum period of three (3) calendar days following the date of delivery.
The Seller will validate the return request and send the Customer by email a return slip to be attached to the shipment of the Product.
The Customer must return the non-compliant Product to the Seller under the conditions stipulated for the right of withdrawal.
If this procedure is not followed, the Customer will no longer be able to make a complaint regarding the conformity of the delivery of the Product.
Article 7 – RETENTION OF TITLE AND TRANSFER OF RISKS
The Seller retains in all cases full and entire ownership of the Products until the Customer has fulfilled all of its obligations and in particular until full payment of the price of the Products.
The risks are borne by the Customer from the moment the Products were presented for the first time at the delivery address(es) indicated by the Customer (including collective addresses). Delivery of the Products is considered to have been made from the date of first presentation of the Products at the delivery address indicated when the Customer placed the order.
An exception to this rule is made when the Customer has chosen to use a carrier that it has designated, in which case the transfer of risks occurs at the time of delivery of the Products by the Seller to the carrier designated by the Customer.
Article 8 – WITHDRAWAL
8.1 Principle
Where applicable, when an order for Products has been placed by a consumer remotely, after telephone canvassing or outside the Seller's establishment within the meaning of Article L.221-1 of the Consumer Code, the latter has a withdrawal period of fourteen (14) clear days from the day of receipt of the Products, the calculation of the period being carried out according to the terms provided for in Article L.221-19 of the Consumer Code.
The Customer may notify his decision to withdraw from his order of Products by means of the withdrawal form appearing in the Appendix hereto or by a clear and unambiguous declaration to the postal or electronic address of the Seller.
The Seller will, where applicable, acknowledge receipt of the compliant withdrawal request and will send the Customer by email a return slip to be attached to the shipment of the Products for which the right of withdrawal was exercised.
8.2 Return procedure
The Customer has a period of fourteen (7) days from the sending of his decision to withdraw to return the Products in their original condition and packaging in order to obtain a refund. The return costs remain the exclusive responsibility of the Customer.
The Customer must return the Products in their original condition and packaging, accompanied by the invoice, the return slip and any accessories, instructions for use and documentation provided at the time of purchase, to the Seller's postal address.
When the returned Products were accompanied upon delivery by items offered as part of a promotional offer, these items must also be returned by the Customer in order to exercise the right of withdrawal.
Only products returned complete, in perfect condition, in their original packaging and with the corresponding invoice and return slip will be accepted.
Otherwise, the return will be considered a non-compliant return and no refund will be made by the Seller, the reshipment of the Products to the Customer being borne by the Customer.
Products returned incomplete, damaged or damaged by the Customer will therefore not be taken back, it being specified that said Products must not have been used to an extent that exceeds what is necessary to judge their nature, characteristics and proper functioning.
In the event of the return of Products soiled by the Customer, the Seller reserves the right to refuse reimbursement.
The return is made at the risk and under the full responsibility of the Customer, who is free to choose the method of sending the Products and to take out insurance or not in the event of loss, theft or destruction of his package. The return of Products with postage due is not accepted. If the original packaging of the Product is used as a box for the return shipment, the Seller reserves the right to refuse the refund.
The Seller cannot be held responsible for the non-receipt of the Customer's package, the risks and costs associated with the return of the Product being the responsibility of the latter.
8.3 Reimbursement
The reimbursement of the Products occurs within fourteen (14) days from the day on which the Seller was informed of the decision to withdraw from his order by his Customer. The Seller may however defer the reimbursement until the date of receipt of the returned Product or until the consumer has provided proof of shipment of the Products, the date retained being that of the first of these facts.
The initial delivery costs will only be refunded up to an amount corresponding to a standard delivery method. In the event of a partial return of an order, the Seller will refund the Customer the amount of the initial delivery costs in proportion to the total amount of the order.
In the event of payment by bank card or transfer, the refund will be made directly to the Customer's account.
Article 9 – GUARANTEES
9.1 Scope of application
The Seller's after-sales service can be contacted using the contact details at the top of these General Conditions.
The Seller remains liable for any lack of conformity of the Products sold, in accordance with the terms of Articles L.217-4 et seq. of the Consumer Code, partly reproduced below.
The Seller also remains bound by the legal guarantee of hidden defects under the conditions set out in Articles 1641 to 1648 of the Civil Code, partly reproduced below.
The commercial guarantee and/or after-sales service services possibly subscribed to by the Customer will be the subject of a written contract separate from these General Conditions, specifying the content of the guarantees/services, the terms of implementation, their price, duration, territorial scope as well as the name and address of the guarantor/after-sales service, in accordance with the provisions of Articles L. 217-15 et seq. and L.227-17 et seq. of the Consumer Code.
It is specified that in any event, these guarantees will not cover:
- abnormal or non-compliant use or use of the Products;
- defects and consequences linked to use not in accordance with the use for which the Products are intended;
- defects and consequences linked to any external cause.
9.2 Legal guarantee of conformity (Extracts from the Consumer Code)
Art. L.217-4 of the Consumer Code:
"The seller delivers goods that conform to 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."
Art. L.217-5 of the Consumer Code:
“The property complies with the contract:
1° If it is suitable for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Art. L.217-7 of the Consumer Code:
“Any lack of conformity which appears within twenty-four months from the delivery of the goods shall be presumed to have existed at the time of delivery, unless proven otherwise.
For goods sold second-hand, this period is set at six months.
The seller may challenge this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
Art. L.217-9 of the Consumer Code:
"In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the significance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer."
Art. L.217-12 of the Consumer Code:
“The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.”
9.3 Guarantee of hidden defects (Extracts from the Civil Code)
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 1644 of the Civil Code:
"In the case of Articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or of keeping the item and having part of the price refunded."
Article 1648 of the Civil Code - paragraph 1:
“The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.”
9.4 Exercise of guarantees
If a Product purchased by a Customer proves to be non-compliant or defective during the legal or contractual warranty period (if applicable), the latter will make a request to the Seller's after-sales service by post or electronically.
The Seller will validate, where applicable, the request for compliant after-sales service and will send the Customer by email a return slip to be attached to the shipment of the Products for which the request for after-sales service was made.
The Customer will have a period of fourteen (14) days from the sending of his request for after-sales service to return the Products to the Seller in order to obtain their exchange or refund.
In this regard, the provisions set out in these General Conditions concerning the conditions for returning the Product in the event of exercising the right of withdrawal are intended to apply, it being specified that the return costs will be borne by the Customer but will be reimbursed to him in the event that his request for after-sales service is accepted under a guarantee.
Upon receipt of the Product, the Seller will forward the Product and the Customer's after-sales service request to its technical department or to the relevant manufacturer.
In particular, it will be checked whether the Product can benefit from a legal or contractual guarantee and whether the defect/fault noted does not result in particular from abnormal, inadequate or intensive use or from normal wear and tear of the Product.
Upon receipt of the final decision regarding the after-sales service request, the Seller will inform the Customer by email.
In the event of support under a warranty, the Product may be repaired, replaced by an identical or equivalent product, or refunded, depending on the solution that the Seller or the manufacturers concerned consider most appropriate. If the Product is not repairable and cannot be exchanged for an identical or equivalent product, it will be refunded in the form of a credit note or refund in the same forms as those provided for the right of withdrawal.
In the event of an abnormal or abusive return or if the Customer has not followed the procedure for implementing the warranty and return, this return will be considered non-compliant and cannot give rise to a warranty.
In the event of a dispute over the warranty coverage of a Product, the parties must do their best to reach an amicable settlement of the situation.
In the absence of an amicable settlement and in the event of sufficiently serious non-performance by the Seller, the Customer may terminate the sale by operation of law and obtain, where applicable, damages from the Seller to compensate for the loss suffered, the Customer waiving in advance the right to request forced execution in kind of Products by the Seller or a third party or a proportional reduction in the price, by express derogation from the provisions of Articles 1221, 1222 and 1223 of the Civil Code.
Article 10 - RESPONSIBILITY
The Seller shall not be held liable in the event of indirect or unforeseeable damage or in the event that the failure to perform its obligations is attributable to the Customer, to the unforeseeable and insurmountable act of a third party to the contract or to a case of force majeure within the meaning of Article 1218 of the Civil Code.
The sale of Products and these General Conditions being in accordance with French legislation, the Seller cannot be held liable in the event of non-compliance with the legislation of another country when the Customer places an order for a Product from another country.
Article 11 - PERSONAL DATA
11.1 Nature of personal data collected
The Seller undertakes to collect only adequate, relevant personal data limited to what is necessary for the purposes for which they are processed. No personal data considered “sensitive”, such as racial or ethnic origin, political, philosophical or religious opinions may be requested or collected from the User.
The Customer is hereby informed that the personal data indicated as mandatory on the forms and collected in the context of the sale described herein. Among the personal data of the Customer that the Seller collects from him may be:
- His first and last names
- His email address
- His phone number
- His date of birth
- His postal address
11.2 Purpose of processing personal data
Personal data may be collected and used by the Seller for the purpose of enabling the sale, and may be transmitted to companies responsible for the management, execution and processing of payment transactions. This information and data may also be retained for security and conservation purposes, in order to comply with the legal and regulatory obligations to which the Seller is subject.
The data collected may also be used in the context of managing commercial relations in order to establish statistics, carry out market and behavioral studies and enable the Seller to improve and personalize the Products.
The Seller undertakes never to share the Customer's personal data, without having obtained their prior consent, with third-party companies for marketing and/or commercial purposes.
However, the Seller may be required to disclose the Customer's personal data to administrative or judicial authorities when their disclosure is necessary for the identification, arrest or prosecution of any individual likely to harm the rights of the Seller, any other customer or a third party. Finally, the Seller may be legally required to disclose the Customer's personal data and may not, in this case, object to it.
12.3 Client’s rights over his personal data
In accordance with the General Data Protection Regulation 2016/679 of April 27, 2016 ("GDPR"), all Customers have the right to access, rectify and erase personal data concerning them, which they can exercise directly with the Service Provider's customer service by contacting them at the email address sarah@goldouz.fr, attaching a copy of an identity document to their request.
Furthermore, within the limits set by law, the Client also has the right to object to the processing, to limit it, to decide on the post-mortem fate of his data, to withdraw his consent at any time and the right to the portability of the personal data provided.
Article 12 - NOTIFICATIONS
Any written notice or summons required or permitted under the provisions hereof shall be validly given if sent by letter delivered by hand or by hand against receipt of delivery, by registered mail with acknowledgment of receipt, or by electronic mail (except in the event of termination of this Agreement), addressed to the contact details of the party concerned, each party electing domicile at its registered office.
Any change in the contact details of a party for the purposes hereof must be notified to the other party in accordance with the terms set out above.
Notices given by hand or by hand shall be presumed to have been given on the date of their delivery to the addressee, as evidenced by the delivery receipt. Notices given by registered mail with acknowledgment of receipt shall be presumed to have been given on the date of their first presentation at the addressee's address. Notices given by electronic mail shall be presumed to have been given on the date the electronic mail is sent.
Article 13 - AUTONOMY AND ABSENCE OF WAIVER
If any of the provisions of these General Conditions were declared null or inapplicable for any reason whatsoever pursuant to a law, regulation or following a final court decision, it would be deemed unwritten and the other provisions would remain in force.
The fact that the Seller does not assert, temporarily or permanently, one or more stipulations of the General Conditions shall not in any case constitute a waiver.
Article 14 – MODIFICATION
The Seller reserves the right to modify the content of these General Conditions at any time for the placing of new orders for Products.
Any order resulting from a modification made to the General Conditions will imply acceptance by each Customer of the new version of the General Conditions which will be communicated to them.
Article 15 – DISPUTES
The Customer is informed that he is free to use a consumer mediator free of charge with a view to the amicable resolution of a dispute between him and the Seller, in accordance with Articles L.611-1 et seq. and R.612-1 et seq. of the Consumer Code. The consumer mediator(s) to whom the Seller is subject is/are the following: the European online dispute resolution platform
All disputes to which the General Conditions may give rise, concerning their validity, interpretation, execution, termination, their consequences and their results, will be submitted to the Paris court.
Article 17 - APPLICABLE LAW & LANGUAGE
These General Conditions and the operations resulting from them are governed by and subject to French law. They are written in French. In the event of translation into one or more foreign languages, only the French text will be authentic in the event of a dispute.
Appendix: Withdrawal form
If the Customer wishes to exercise his right of withdrawal - in compliance with the conditions set out in article 8 of these General Conditions, he has the possibility of using the form below:
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For the attention of:
I hereby notify you of my withdrawal from the contract for the purchase of the following products:
-Name(s) and reference(s) of order(s):
-Ordered on:
Name of the customer who placed the order:
Address of the customer who placed the order:
Reason for withdrawal (to help us improve our products and services)
Customer Signature: