Terms of sale
GENERAL TERMS AND CONDITIONS OF SALE
Gullsz
Between Gullsz, 46 rue de l'Amiral Pierre Ronarc'h, 56000 Vannes, registered with the Vannes Trade and Companies Register under SIRET 49771776900051, represented by M. Steve BONVARD, in his capacity as manager, duly authorized for the purposes hereof. The company may be contacted by email by clicking on the contact form accessible via the website's home page.
Hereinafter, “ Gullsz” or “ the Seller,” on the one part.
And
The natural or legal person purchasing products or services from the company through the website gullsz.com.
Hereinafter, the “Buyer” or the “Customer,” on the other part.
The following has been stated and agreed:
PREAMBLE
Gullsz is the creator and distributor of photographic works, marketed through its website gullsz.fr.
The list and description of the goods offered by the Company may be viewed on the aforementioned website.
Article 1: Purpose.
These General Terms and Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products offered by the Seller.
Article 2: General provisions.
These General Terms and Conditions of Sale (GTCS) apply to all sales of Products made through the Company's website and by any other sales method and form an integral part of the Contract between the Buyer and Gullsz. The Seller reserves the right to modify these terms at any time by publishing a new version on its website. The applicable GTCS are those in force on the date of payment (or the date of the first payment in the case of multiple payments) for the order. These GTCS may be viewed on the Gullsz Company's website. The Company also ensures that their acceptance is clear and unreserved by implementing a validation click. The Customer declares that they have read all of these General Terms and Conditions of Sale and, where applicable, the Special Terms and Conditions of Sale relating to a product, and accepts them without restriction or reservation. The Customer acknowledges that they have received the necessary advice and information, in particular that prescribed by Article L111-1 et seq. of the French Consumer Code, in order to ensure that the offer meets their needs. The Customer declares that they are legally capable of entering into a contract under French law or validly represent the natural or legal person on whose behalf they undertake to do so. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 3: Prices.
The prices of products sold through the website are indicated in Euros including all taxes and are precisely determined on the Product description pages. For all products shipped outside the European Union and/or the overseas departments and territories, the price including all taxes is calculated automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. Such duties and amounts are not the Seller’s responsibility. They shall be borne by the purchaser and are the purchaser’s responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the purchaser to obtain information on these matters from the relevant local authorities. The Company reserves the right to modify its prices at any time for the future. Delivery costs shall be included in the sale price.
Article 4: Conclusion of the contract online.
The Customer must follow a series of specific steps for each Product sold by the Seller in order to place an order. However, the steps described below are systematic :
➢ Information on the essential characteristics of the Product;
➢ Selection of the Product, where applicable its options, and provision of the Customer’s essential details (identification, address…);
➢ Acceptance of these General Terms and Conditions of Sale, tacit upon validation of the order;
➢ Verification of the order details and, where applicable, correction of errors.
➢ Validation of the order by clicking the “ order with payment obligation ” button.
➢ Following the payment instructions and payment for the products.
➢ Delivery of the products.
The Customer will then receive confirmation by email of payment for the order, as well as an acknowledgement of receipt of the order confirming it. For products delivered, delivery shall be made to the address indicated by the Customer. For the proper fulfilment of the order, and in accordance with Article 1367 of the Civil Code, the Customer undertakes to provide truthful identification details. The Seller reserves the right to refuse the order, for example in the event of any unusual request, a request made in bad faith, or any legitimate reason at Gullsz’s discretion.
Article 5: Products.
The essential characteristics of the goods and their respective prices are made available to the purchaser on the company’s website. The customer acknowledges having received details of the terms of payment, delivery and performance of the contract. The Seller undertakes to fulfil the Customer’s order only within the limits of the available stock of Products. Failing this, the Seller shall inform the Customer. This contractual information is presented in detail and in French.
In accordance with French law, they are the subject of a summary and confirmation when the order is validated. The parties agree that the illustrations or photographs of the products offered for sale have no contractual value. The period of validity of the offer for the Products and their prices is specified on the Company's website.
Article 6: Retention of Title Clause.
Ownership of the Seller's products shall be transferred to the Customer only after the Customer has paid the price in full, irrespective of the date of delivery of the Products.
Regardless of the date on which ownership of the products is transferred, the transfer of the risks of loss and deterioration relating thereto shall take place only upon shipment of the products. The products therefore travel at the Seller's risk.
Article 7: Delivery Terms.
The products are delivered to the delivery address indicated when the order was placed and within 30 business days, according to the following terms:
Monday to Friday, excluding public holidays.
When the Customer orders several products at the same time, they may have different delivery times. In the event of a shipping delay and in any event, Gullsz may not be held liable for any delay or failure to receive the products due to force majeure - as stipulated in Article 13 hereof - or to an act or omission by the Customer. In the event of a delivery delay, the Customer may terminate the contract under the conditions and procedures defined in Article L 216-2 of the French Consumer Code. Gullsz shall then reimburse the price of the product and the initial shipping costs under the conditions of Article L 216-3 of the French Consumer Code. Gullsz reminds the Customer that, when the Customer takes physical possession of the products, the risks of loss of or damage to the products are transferred to the Customer. The Customer is responsible for notifying the carrier of any reservations concerning the delivered product.
ARTICLE 8 - Verification of Delivered Products
Upon receipt of the order, the Customer must verify the apparent condition of the delivered products (in particular, packaging and contents that have not been damaged or deteriorated during transport) and the conformity of the quantity of product(s) delivered with the order. Any apparent defect and/or any non-conformity in the quantity of product(s) delivered with the order must be subject to reservations by the Customer with the carrier and confirmed by the Customer as soon as possible, within three days of the date on which the Customer received the product, by sending the Seller, together with all supporting documents relating thereto (in particular photographs):
. or a registered letter with acknowledgment of receipt,
. either an email.
The customer must include their customer number and the order reference in their request. Without this relieving them of the formalities referred to above, the customer may contact the Seller for information by telephone and/or fax.
The contact details to use are as follows: By email: gullsz.art@gmail.com
By post: Gullsz, 46 rue de l'Amiral Pierre Ronarc'h - 56000 Vannes.
Failing this, the packaging and products delivered shall be deemed free from any apparent defect(s), and the quantity of products delivered shall be deemed compliant with the order.
No product may be exchanged or refunded before it has been reshipped with Gullsz's approval and received by the Seller in good condition.
Before returning the product to the Seller, the customer must notify the Seller by email in order to obtain a return authorization number, which must be clearly affixed to the package being returned. Any product reshipped without a return number will be refused and returned to the sender at their expense.
Article 9: Availability and presentation.
Orders will be processed subject to product availability in stock or, where applicable, availability from our suppliers. If an item is unavailable for more than 8 business days, you will be informed of the foreseeable delivery times and the order for that item may be cancelled upon simple request. The Customer may then request a credit note for the amount of the item or a refund. The Seller shall be required to refund the consumer all sums paid no later than thirty days following the date on which the contract is terminated.
Article 10: Payment.
Payment is due in full on the date the order is placed. The Customer may pay by payment card, PayPal or bank transfer. Cards issued by banks domiciled outside France must be international bank cards (Visa, Carte Bleue, Mastercard). Secure online payment by bank card is processed by our payment service provider. Once payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. Pursuant to Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay made by card is irrevocable. By providing their bank details during the sale, the Customer authorizes Gullsz.com to debit their card for the amount corresponding to the stated price. The Customer confirms that they are the lawful holder of the card to be debited and that they are legally entitled to use it. In the event of an error or inability to debit the card, the Sale shall be automatically terminated as of right and the order cancelled.
Article 11: Right of withdrawal period.
In accordance with Article L. 221-18 of the French Consumer Code, « the consumer has a period of fourteen calendar days to exercise the right of withdrawal without having to provide reasons or pay penalties, except, where applicable, for the return costs ». Products that have been opened, damaged or personalized are excluded from the right of withdrawal. « The period referred to in the preceding paragraph runs from receipt in the case of goods or from acceptance of the offer in the case of services ». The right of withdrawal may be exercised by contacting Gullsz as follows: by email at the following address: gullsz.art@gmail.com or by post to 46 rue de l'Amiral Pierre Ronarc'h - 56000 on plain paper.
If the right of withdrawal is exercised within the aforementioned period, only the price of the purchased product or products will be refunded; the return costs remain payable by the Customer. Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be resold as new; they must be accompanied by a copy of the proof of purchase.
In accordance with the applicable legal provisions, here is a standard withdrawal form to be sent to us by registered mail at the following address: 46 rue de l'Amiral Pierre Ronarc'h - 56000. Gullsz undertakes to refund the consumer Customer within thirty days of receipt of the standard form. Nevertheless, Gullsz is entitled to defer the refund until the products have actually been recovered. The refund is made directly to the Customer's bank account, using the bank account details / IBAN provided by the customer.
Article 12: Warranties.
In accordance with the law, the Seller provides two warranties: the warranty of conformity and the warranty relating to latent defects in the products. The Seller refunds the buyer or exchanges products that appear to be defective or do not correspond to the order placed.
The Seller refunds or exchanges defective products or products that do not correspond to the order. The refund or exchange may be requested using the standard form downloadable via the following link « sample form » by email at the following address: gullsz.art@gmail.com or by post to the following address: 46 rue de l'Amiral Pierre Ronarc'h - 56000 Vannes.
The company undertakes to refund the consumer Customer within 14 days of receiving the form (electronically or by post). Nevertheless, the company is entitled to defer the refund until the products have been effectively recovered, where applicable.
The refund shall be made directly to the Customer's bank account, using the same methods as those used to make payment for the products concerned.
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Under the statutory warranty of conformity, the Customer: Except in the event of exposure to natural light, normal wear and tear, water splashes, accident, improper use or any other abnormal condition of use. |
Article 13: Intellectual property rights.
The trademarks, domain names, products, software, images, videos, texts and, more generally, all information subject to intellectual property rights are and shall remain the exclusive property of the seller. No transfer of intellectual property rights is effected under these General Terms and Conditions of Sale. Any total or partial reproduction, modification or use of these assets for any reason whatsoever is strictly prohibited.
Article 14: Force majeure.
The performance of the parties' obligations hereunder shall be suspended in the event of a fortuitous event or force majeure within the meaning of Article 1218 of the Civil Code that prevents such performance. Each party shall notify the other of the occurrence of such an event within 3 days of its occurrence.
During this suspension, the parties agree that the costs incurred as a result of the situation shall be borne by the prevented party.
Article 15: Nullity and Amendment of the Agreement.
If any provision of this agreement were to be annulled, such nullity would not result in the nullity of the other provisions, which shall remain in force between the parties. No contractual amendment shall be valid unless agreed to in writing and signed by the parties.
Article 16: Termination of the Agreement
It is expressly understood that this termination for a party's failure to perform its obligations shall take effect automatically, the notice of default resulting solely from the failure to perform the obligation, without formal notice or completion of any formalities.
It is expressly agreed between the Parties that the debtor of an obligation to pay under this agreement shall be validly placed in default solely by the obligation becoming due, in accordance with the provisions of Article 1344 of the French Civil Code.
Article 17: Protection of Personal Data.
Pursuant to the French Data Protection and Civil Liberties Act of 6 January 1978, you have the rights to query, access, modify, object to and rectify personal data concerning you. By accepting these General Terms and Conditions of Sale, you consent to our collecting and using this data for the performance of this agreement. By entering your email address on any of the websites in our network, you will receive emails containing information and promotional offers concerning products published by Gullsz and its partners. You may unsubscribe at any time. To do so, simply click the link at the end of our emails or contact the data controller by registered letter with acknowledgment of receipt. We monitor visitor traffic throughout the website.
Article 18: Applicable Law.
These General Terms and Conditions of Sale and the transactions arising therefrom are governed by French law. If these General Terms and Conditions of Sale are translated into a foreign language, the French version shall prevail over any other version.
Any disputes to which the purchase and sale transactions concluded pursuant to these General Terms and Conditions of Sale may give rise, concerning their validity, interpretation, performance, termination, consequences or aftermath, and which could not have been resolved amicably between the seller and the customer, shall be submitted to the competent courts under the conditions of ordinary law.
The customer is hereby informed that, in any event, they may resort to conventional mediation, in particular through the Consumer Mediation Commission or existing sector-specific mediation bodies, or to any alternative dispute resolution method (such as conciliation) in the event of a dispute.