TERMS AND CONDITIONS OF SALE

February 2024

 

1. DEFINITIONS

Product : goods offered for sale on the Site by the Seller, namely clothing and fashion accessories, available for order or pre-order.

Products can be manufactured according to Customer specifications, particularly made-to-measure.

Customer : non-commercial natural person placing an Order or Pre-order

Order : purchase commitment for all Products selected by the Customer via the Site's e-commerce service

Pre-order : purchase commitment for Products selected by the Customer via the Site's e-commerce service, subject to their production

Delivery : transfer to the Customer of physical possession of the Product(s)

Seller : GYN 1957, a simplified joint-stock company with a share capital of 3,000 euros, headquartered at Richeplaine, Sainte-Anne 97180 Guadeloupe, registered with the Pointe-à-Pitre Trade and Companies Register under number 931 611 487, represented by Ms. Giannina MOUROUVIN in her capacity as President 

Site : website published by the Company and accessible at the URL address

 

2. APPLICATION OF TERMS AND CONDITIONS OF SALE

These Terms and Conditions of Sale apply to all sales concluded online by the Seller through the Site for the purchase of Products. They do not apply to sales made in stores or physical locations. 

The sale of Products offered on this site and through it is exclusively reserved for Customers. The Seller therefore reserves the right to refuse orders for the same Product in large quantities and with more than 10 identical items.

These Terms and Conditions of Sale are communicated to all Customers before placing an Order or Pre-order and are accessible at any time on the Site. They are provided on a durable medium to the Customer after the conclusion of the contract, within a reasonable time and at the latest at the time of delivery of the Product. 

The Customer declares to have read the Terms and Conditions of Sale before placing an Order or Pre-order for Products. Consequently, placing an Order or Pre-order implies the Customer's full and unreserved acceptance of these Terms and Conditions of Sale.

These Terms and Conditions of Sale may be subject to subsequent modifications; the version applicable to the Customer's purchase is the one in effect on the website on the date the Order or Pre-order is placed.

3. PRODUCTS OFFERED FOR SALE 

The main characteristics of the Products, including all substantial information required by applicable regulations, particularly specifications, illustrations, and indications of dimensions or capacity of the Products, are presented on the Site in the product sheets and the Seller's catalog.

The Customer is required to review this information before placing any Order or Pre-order.

The Seller undertakes to sell Products that comply with regulations and standards in force in the European Union at the time of sale and have performance compatible with non-professional uses.

The choice and purchase of a Product are the sole responsibility of the Customer.

The photographs and graphics presented on the Site, particularly the shade and intensity of colors, may vary depending on the device used to view the site, especially the settings and performance of the screen. In this sense, they are not contractual and cannot engage the Seller's liability. 

The Customer is required to refer to the description of each Product to know its properties, essential characteristics, and delivery times.

In the case of an Order or Pre-order to a territory other than metropolitan France, the Customer is the importer of the Product(s) concerned.

For all Products shipped outside the European Union and French overseas territories and departments, the price will be calculated automatically excluding taxes on the invoice.

Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility of and are the sole responsibility of the Customer.

The Products offered for sale are those shown on the Site on the day the Customer views the Site, subject to availability of stock.

 

The Seller reserves the right to withdraw from sale, at any time, any Product present on the Site and/or to replace or modify any information associated with Products appearing on this Site.

 

Indications related to the availability of Products are updated automatically in real time. However, an error in the update, whatever its origin, does not engage the Seller's liability. 

In this respect, the Seller cannot be held responsible for the cancellation of an Order for a Product due to stock depletion. In the event of unavailability of a Product after placing an Order, the Customer is informed by email, and the Order is then automatically canceled.

 

The Seller cannot be held responsible for the cancellation of a Pre-order for an Article due to a delay, absence, or error in production. If a Pre-order is canceled, the Customer is informed by email, and the Pre-order is then automatically refunded.

Unless proven otherwise, data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.

In accordance with the Data Protection Act of January 6, 1978, reinforced and completed by the GDPR (General Data Protection Regulation) that came into effect on May 25, 2018, the Customer has, at any time, rights of access, rectification, opposition, erasure, and portability of all their personal data by writing, by mail and providing proof of their identity, in accordance with the provisions of the Privacy Policy of the website.

The Customer acknowledges having the required capacity to contract and acquire the Products offered on the Site. 

4. Loyalty Program

The Seller offers a loyalty program usable on its website only – excluding physical showrooms and reseller sites or stores – and organized according to the following terms. 

4.1. Joining the loyalty program

Joining the Seller's loyalty program is realized by creating a loyalty account on the Seller's website.

At the launch of the collection, Customers who are members of the loyalty program will benefit from a 20% discount on the first Order or Pre-order made on the website.

4.2. Loyalty program formulas

There are 3 types of loyalty formulas: 

• Gyny Premium: free;

• Gyny Gold: paid: €42 incl. tax / month from the second month of membership;

• Gyny Student: free, upon presentation of a valid school certificate for the current school year.

4.3. Benefits of the loyalty program

The benefits of the loyalty program are described in the table below (from the date of subscription): 

	Gyny Premium	Gyny Gold		Gyny Student
		1st month after registration	From the 2nd month of membership
Discount at the launch of the collection	-20%	-30%	-30%	-20%
Discount all year round	-20%	-30%	-30%	-20%
Discount on Your Birthday	/	-35%	-35%	/
Free standard shipping	✓	✓	✓	✓
Exclusive content	/	✓	✓	/
Early access to promotion	/	✓	✓	/
Private sales preview	/	✓	✓	/
Cost of the formula	Free	Free	€42 incl. tax / month	Free
Registration requirement	None	Bank details	Bank details	School certificate

 

4.4. Rules of use

Any discount offered within the framework of the loyalty program can be used in conjunction with promotional operations in progress on the Site, within the limit of a minimum residual value of 0.01 euros including tax per Product.

The benefit of discounts offered within the framework of the loyalty program can be refused by the Seller in the event of suspected fraud, and particularly in the event of organized bulk purchase of Products for the purpose of resale.

4.5. Duration and termination of the loyalty program

The loyalty program is accessible for an indefinite period.

The Seller may decide to suspend or terminate the loyalty program at any time. Notification of the suspension or termination will be made to the Customer within a reasonable time by all appropriate means.

The Customer may end their membership in the loyalty program, especially the paid formulas, by sending an email to the following address: contactus@gyn1957.com

The cancellation request will be effective within a maximum of 72 hours from the receipt of the request. Except for requests made during the period of free membership in the Gyny Gold formula, the paid months of membership remain acquired by the Seller, without the possibility of reimbursement.

The Seller reserves the right to exclude a Customer from the loyalty program in the event of non-compliance with these Terms and Conditions of Sale. The exclusion decision will be sent to the Customer by email with the reasoned justification for the exclusion. 

5. ORDER AND PRE-ORDER PROCESS

5.1. Selection of Products

The Customer selects the Product(s) of their choice on the Site. An automated confirmation appears when selecting a Product, confirming its addition to the Cart. If a Product is temporarily unavailable, this will be indicated on the product page. The Cart presents all the Products chosen by the Customer.

5.2. Order validation

The Customer must follow the validation sequence of the Order or Pre-order and the checking of its details and total price, available at the end of the selection. The Customer has the possibility to modify their selection before validation.

The Customer has the option to complete the form with delivery information and, where applicable, billing information, and to select the desired delivery method. All fields marked with an asterisk must be filled in.

Any Order or Pre-order placed and validated implies the unreserved acceptance of the products and their price.

5.3. Payment

The Order or Pre-order constitutes a firm purchase commitment. After validating their Order or Pre-order, the Customer must pay for it. The Customer will be redirected to secure payment to make the payment. Upon receipt of payment from the Customer, the Seller sends a confirmation email recapitulating the Order or Pre-order (Products, quantities, price, delivery address, potential delivery time).

An Order or Pre-order is deemed to be final when the Customer clicks on the "Pay" button for payment by credit card, or when the payment service provider confirms payment.

6. PAYMENT

6.1. Price

The price of the Products is indicated in euros all taxes included, excluding delivery costs which are specified to the Customer during the validation of the Order or Pre-order. 

The Seller reserves the right to modify the prices of Products at any time and unilaterally. However, Products will be invoiced on the basis of prices in effect at the time the Customer's Order or Pre-order is validated.

6.2. Payment methods

The payment of the Order or Pre-order can be made by:

• credit card (Visa, MasterCard, American Express), through a secure banking system;

• Apple Pay, through a secure banking system;

• PayPal - This payment option will only be available if the Customer has an active PayPal account at the time of the Order or Pre-order.

The Customer guarantees to the Seller that they have the necessary authorizations to use the payment method chosen at the time of placing the Order or Pre-order.

The Seller reserves the right to suspend or cancel any Order or Pre-order and/or Delivery, regardless of its nature and level of performance, in case of non-payment of any sum that would be due by the Customer, or in case of a payment incident.

6.3. Secure payment

The payment platform used benefits from the S.S.L (Secure Socket Layer) security system to encrypt the banking data during transfers over the network.

By confirming the Order or Pre-order, the Customer confirms that they have given their express consent to provide certain personal data necessary for the execution of the sale.

7. DELIVERY

7.1. Shipping methods

Delivery is made according to the method chosen by the Customer during validation of the Order or Pre-order, to the delivery address indicated by the Customer.

The Seller may, subject to stock availability and for certain delivery addresses, offer the following delivery methods:

• Standard delivery to the address of the recipient's choice

• Express delivery to the address of the recipient's choice (delivery between 24 and 72 hours)

7.2. Delivery times

Delivery times depend on the delivery option chosen by the Customer. 

For an Order, the Product is shipped after verification of the Order, availability of the Products and receipt of payment from the Customer. For a Pre-order, the Product is shipped when it is made available (after its production).

Delivery times indicated when placing and confirming an Order or Pre-order are given for information purposes only. The Seller thus disclaims any liability in case of a delivery delay caused by a third party.

However, if the Products ordered have not been delivered within 30 days after the estimated delivery date, for any reason other than force majeure, the sale may be canceled at the written request of the Customer under the conditions provided for in Articles L. 216-2, L. 216-3, and L. 241-1 of the Consumer Code. The sums paid by the Customer will then be refunded without delay.

For Pre-orders, no cancellation can be requested before the Product is made available.

7.3. Delivery verification

The Customer is required to check the condition of the delivered Product. In case of damaged packaging or abnormality affecting the delivered package, the Customer is invited to verify the contents of the package in the presence of the delivery person. 

If the Customer detects damage to the Product delivered, they must inform the Seller as soon as possible of this, at the risk of being deprived of any possible right of recourse against the carrier.

8. RIGHT OF WITHDRAWAL

In accordance with Article L. 221-18 of the Consumer Code, the Customer has a withdrawal period of fourteen (14) days from the date of receipt of the Product(s) to exercise their right of withdrawal without having to justify reasons or pay penalties.

In accordance with Article L. 221-28 of the Consumer Code, the right of withdrawal cannot be exercised for Products made according to the specifications of the Customer or clearly personalized, nor for Products which have been unsealed by the Customer after delivery and which cannot be returned for hygiene or health protection reasons, particularly regarding intimate Products or Products intended to come into contact with the Customer's body or skin.

If the right of withdrawal is exercised within the time limit mentioned above, only the price of the Product(s) concerned, and the delivery costs of the initial delivery are refunded; return shipping costs remain the responsibility of the Customer and are non-refundable.

Returns are to be made to the following address: 

GYN 1957 - Return Service

Richeplaine

97180 Sainte-Anne

Guadeloupe

France 

Returns must be made in their original packaging and condition, suitable for resale (not worn, damaged, or soiled), accompanied by all accessories, instructions, and documentation. Products returned incomplete, damaged, or soiled by the Customer will not be accepted and will be returned at the Customer's expense.

The refund will be made within a maximum period of 14 days following the return of the Products and after verification of their condition. 

9. LEGAL GUARANTEES

Independently of any potential commercial warranty, Products benefit from a legal guarantee of conformity and a guarantee against hidden defects, allowing the Customer to return defective or non-conforming delivered Products to the Seller.

It is recalled that under the guarantee of conformity, the Consumer:

• has a period of two years from the delivery of the item to act;

• can choose between repair or replacement of the item, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;

• is exempted from providing proof of the existence of the lack of conformity of the item during the 24 months following the delivery of the item, except for second-hand goods.

The legal guarantee of conformity applies independently of any commercial warranty that may be granted. The Consumer can also decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, they can choose between cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

10. INTELLECTUAL PROPERTY

All elements of the Site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks, or patents. They are the exclusive property of the Seller. 

Any total or partial reproduction of these elements by any means whatsoever, without the express permission of the Seller, is strictly prohibited and would constitute a forgery punishable by the provisions of the Code of Intellectual Property. 

11. PERSONAL DATA

The Seller collects and processes personal data necessary for the management of Orders and Pre-orders, the delivery of Products, and relations with Customers. This processing is carried out in compliance with the Data Protection Act of January 6, 1978, reinforced and completed by the GDPR (General Data Protection Regulation) that came into effect on May 25, 2018. 

By placing an Order or Pre-order, the Customer consents to this collection and processing of personal data by the Seller. Data collected may be used for marketing purposes with the possibility for the Customer to unsubscribe at any time. 

The Customer has the rights of access, rectification, opposition, erasure, and portability of their personal data. To exercise these rights, the Customer must send a request by email to contactus@gyn1957.com or by post to the following address: GYN 1957, Richeplaine, 97180 Sainte-Anne, Guadeloupe, France.

For more information on the collection and processing of personal data, please refer to the "Privacy Policy" tab on the Site.

12. FORCE MAJEURE

The execution by the Seller of its obligations under the present contract shall be suspended in the event of the occurrence of a case of force majeure which would impede or delay execution. The Seller will inform the Customer of the occurrence of such a case of force majeure within 15 days of its occurrence. 

In the event that this suspension continues beyond a period of two months, the Customer shall have the possibility of canceling the current Order or Pre-order, and in this case shall be refunded the sums already paid.

13. OBLIGATION OF SELLER AND CUSTOMER

The Seller has, for all stages of the sales process, an obligation of means.

The Seller undertakes to:

• Describe with the greatest possible accuracy the Products sold on the Site;

• Process Orders as soon as possible and with proper care;

• Ensure the protection of personal data collected from Customers;

• Ensure the conformity of Products to legal and regulatory standards in force in the European Union.

The Customer undertakes to:

• Provide complete, accurate, and up-to-date personal information necessary for the processing of the Order;

• Pay the agreed price for the Products ordered;

• Respect the terms of these Terms and Conditions of Sale.

14. APPLICABLE LAW AND JURISDICTION

The present Terms and Conditions of Sale are subject to French law. In case of dispute, the competent courts are those provided for by the Code of Civil Procedure.

The Customer is informed of the possibility of recourse, in case of dispute, to a conventional mediation procedure. The contact details of the mediator can be obtained from the Company's customer service. Recourse to mediation is a free and confidential procedure. 

15. CONTACTS

For any information, complaint, or question concerning these Terms and Conditions of Sale or the Products themselves, Customers should contact customer service:

• by email: contactus@gyn1957.com

• by post: GYN 1957, Richeplaine, 97180 Sainte-Anne, Guadeloupe, France

The Seller undertakes to respond to any complaint as soon as possible and to do its utmost to find an amicable solution to any dispute that may arise between the parties.