TERMS AND CONDITIONS OF SALE

 

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 931611 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 including 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. Duration, suspension and termination of the loyalty program

The loyalty program is concluded for an indefinite period. It may be suspended or terminated at any time by the Seller or the Customer, without notice and without reason.

In the event of termination of the loyalty program by the Customer, accumulated and unused benefits will be lost.

In the event of termination of the loyalty program by the Seller, the Customer will be informed by email and will retain accumulated benefits until their expiration.

 

5. PRICE

Product prices are indicated in euros, all taxes included (VAT included), excluding delivery costs, unless otherwise stated.

The Seller reserves the right to modify its prices at any time, it being understood that the price shown in the catalog on the day of the order will be the only one applicable to the buyer.

Prices are valid as long as they are visible on the Site, subject to Product availability.

 

6. ORDER

The Customer places an order directly on the Site by selecting the desired Products and following the on-screen instructions.

The Customer must verify the details of their order, its total price, and correct any errors before confirming it.

Validation of the order constitutes acceptance of the Product prices, the Terms and Conditions of Sale, and the total amount of the order.

The Seller reserves the right to refuse any order for legitimate reasons, particularly in case of non-payment of a previous order, ongoing dispute, or abnormal order.

The order will only be considered final after the Seller sends the Customer confirmation of acceptance of the order by email.

 

7. PAYMENT

Payment is made by credit card, bank transfer, or any other payment method offered on the Site.

Payment is due immediately for orders and at the time of production confirmation for pre-orders.

In case of payment by credit card, banking information is transmitted securely to the payment provider who handles the processing.

The Seller reserves the right to suspend any order management and any delivery in case of refusal of authorization for payment by credit card by officially accredited organizations or in case of non-payment.

 

8. DELIVERY

Products are delivered to the delivery address indicated by the Customer when placing the order.

Delivery times are indicated on each product sheet and may vary depending on the type of Product (order or pre-order).

Delivery times are given for information purposes only and cannot engage the Seller's liability in case of delay.

In case of delivery delay exceeding 7 working days, the Customer may terminate the contract. The amounts paid will then be refunded as soon as possible.

The risk of loss or damage to Products is transferred to the Customer at the time of effective delivery of the Products to the carrier.

 

9. RIGHT OF WITHDRAWAL

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

The right of withdrawal cannot be exercised for Products made according to Customer specifications or clearly personalized, or which, due to their nature, cannot be returned or are likely to deteriorate or expire quickly.

To exercise the right of withdrawal, the Customer must notify their decision to withdraw by means of an unambiguous declaration (for example, letter sent by post, fax, or email).

The Customer may use the standard withdrawal form appearing in the annex of these Terms and Conditions of Sale.

In case of exercise of the right of withdrawal, the Seller will refund all payments received from the Customer, including delivery costs, without undue delay and, in any event, no later than fourteen (14) days from the day the Seller is informed of the Customer's decision to withdraw.

The Customer must return or restore the Products to the Seller without undue delay and, in any event, no later than fourteen (14) days from the day they communicate their decision to withdraw. Return costs are the responsibility of the Customer.

 

10. GUARANTEES

The Seller is required to deliver a Product that conforms to the contract and is liable for defects in conformity existing at the time of delivery.

The Seller is also liable for defects in conformity resulting from packaging, assembly instructions, or installation when this has been placed under its responsibility by the contract or has been carried out under its responsibility.

The Customer benefits from the legal guarantee of conformity provided for in Articles L. 217-4 and following of the Consumer Code, as well as the guarantee against hidden defects provided for in Articles 1641 and following of the Civil Code.

In case of defect in conformity, the Customer may request repair or replacement of the Product, except if this choice entails a manifestly disproportionate cost for the Seller.

If repair and replacement of the Product are impossible, the Customer may return the Product and be refunded the price or keep the Product and be refunded part of the price.

 

11. 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.

The Customer is prohibited from reproducing, copying, selling, reselling, or exploiting in any way whatsoever, all or part of the Site, its content, and its access.

The purchase of a Product does not grant the Customer a license on any intellectual property right.

The content of the Site is the property of 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 an offense of counterfeiting.

 

12. DISPUTES - MEDIATOR - OPPOSITION TO SOLICITATION

If you are a "consumer" within the meaning of the preliminary article of the Consumer Code, you have the right to register on the BLOCTEL telephone solicitation opposition list.

If you are a "consumer" within the meaning of the preliminary article of the Consumer Code, you must first send us your complaint by email at the following address: contact@gyn1957.com

If this attempt fails, you may resort to a conventional mediation procedure or any other alternative dispute resolution method and in particular by having recourse, free of charge, within one year from your complaint, to the competent consumer mediator according to the provisions of Title 5 of Book I of the Consumer Code:

Centre de la Médiation de la Consommation de Conciliateurs de justice

By email at: cm2c@cm2c.net

By post at: 49 Rue de Ponthieu, 75008 Paris

You may, in order to resolve your dispute, access the European online dispute resolution platform provided for by Regulation (EU) No 524/2013 of May 21, 2013 on online dispute resolution for consumer disputes, in particular cross-border disputes, by following the link http://ec.europa.eu/consumers/odr/.

In case of failure of this mediation, or if you do not wish to resort to it, you remain free to submit your dispute to the competent courts.

These Terms and Conditions are subject to French internal law, excluding any international convention.

In case of dispute relating to these Terms and Conditions or the sale, the parties will try as far as possible to resolve their dispute amicably.

In the absence of an amicable agreement, the competent Court is that of the place of residence of the defendant or that of the effective delivery of the Product.

 

13. PRE-CONTRACTUAL INFORMATION

The Customer acknowledges having been informed by the Seller in a readable and understandable manner, by means of making these Terms and Conditions of Sale available, prior to their immediate purchase or the placing of the Order or Pre-order and in accordance with the provisions of Article L 221-5 of the Consumer Code:

• on the essential characteristics of the Products and in particular the specifications, illustrations, and indications of dimensions or capacity enabling them to acquire the Products in full knowledge of the facts, in particular with regard to their conditions of use. The photographs and graphics presented are not contractual and cannot engage the Seller's liability. The Customer is required to refer to the description of each Product in order to know its properties and essential characteristics ;

• on the price of the Products and ancillary costs or, in the absence of payment of a price, on any advantage provided in place of or in addition to it and on the nature of this advantage ;

• on the payment, delivery, and execution methods of the sales contract ;

• in the absence of immediate execution of the sale, on the delivery times of the ordered Products ;

• on the identity of the Seller and all their contact details ;

• on the existence and implementation methods of guarantees (the legal guarantee of conformity, guarantee against hidden defects, any commercial guarantees) and, if applicable, on after-sales service ;

• on the possibility of resorting to a consumer mediator, whose contact details appear in these Terms and Conditions of Sale, under the conditions provided for in the Consumer Code ;

• on the right of withdrawal (existence, conditions, time limit, methods of exercising this right and standard withdrawal form), the termination methods, the processing of complaints and other important contractual conditions and, if applicable, on the costs of using the remote communication technique, the existence of codes of good conduct and financial guarantees and securities ;

• on the accepted means of payment.

 

14. GENERAL PROVISIONS

These Terms and Conditions of Sale are written in French in their original version which alone is authentic and prevails over any other version. They apply to the exclusion of all other conditions. They are accessible to the Customer on the Site at any time and are systematically submitted to the Customer before any Order or Pre-order and at the time of registration of the Order or Pre-order.

A printed version of the Terms and Conditions of Sale as well as any information sent by electronic means will be admitted in any judicial proceeding concerning the application of these Terms and Conditions of Sale in the same manner and under the same conditions as any other written document kept in paper format.

The fact of not exercising, at any time, a prerogative recognized by these Terms and Conditions of Sale, or of not requiring the application of any stipulation of the agreement resulting from said Conditions may in no case be interpreted, either as a modification of the contract, or as an express or tacit waiver of the right to exercise said prerogative in the future, or the right to require scrupulous execution of the commitments made under these Terms.

In the event that any of the terms of the Terms and Conditions of Sale would be considered illegal or unenforceable by a court decision, the other provisions will remain in force.

Given the possible developments of the Site, the Seller reserves the possibility of adapting or modifying these Terms and Conditions of Sale at any time. Consequently, the Seller invites the Customer to consult the Terms and Conditions of Sale before any new Order or Pre-order. The Terms and Conditions of Sale then in force will apply to all Orders or Pre-orders placed from their date of publication online.

 

Annex 1 : WITHDRAWAL FORM

 

STANDARD WITHDRAWAL FORM

(Please complete and return this form only if you wish to withdraw from the contract.)

 

To the attention of

SAS GYN 1957

Richeplaine, Sainte-Anne 97180 Guadeloupe

contact@gyn1957.com

 

I/we (*) hereby notify/notify (*) you of my/our (*) withdrawal from the contract for the sale of the good (*)/for the provision of services (*) below:

 

Ordered on (*)/received on (*) :

 

Name of the consumer(s) :

 

Address of the consumer(s) :

 

Signature of the consumer(s) (only in case of notification of this form on paper) :

 

Date :

 

(*) Cross out the inapplicable.