Terms of Service
Gaâla, a company, with its registered office at ***************** and registered in********* under numberXXX XXX XXX XXX XXX hereinafter called "the seller".
Gaâla sells ready-to-wear clothes on her website
Article 1: Preamble
The sales contract and these general terms and conditions of sale are governed by French law for all sales made in France.
These general conditions apply in their entirety to all services of sale of the products present on the site.
Any order on the site implies the unconditional acceptance of these general conditions.
In the case of professional customers who are natural persons or legal entities, these general terms and conditions of sale prevail over all general terms and conditions of purchase and any other documents issued by the Professional Customer, regardless of the terms. Any order or contract signature implies the unreserved acceptance of these general conditions.
The fact that Gaâla does not exercise at any time a prerogative recognized by these general conditions cannot be interpreted as a waiver by Gaâla to exercise it at a later date.
Similarly, any exceptional commercial gestures granted to a private or professional customer or natural or legal person under private or public law may not be interpreted as modifying the general terms and conditions of sale.
Each of the provisions of the general terms and conditions shall apply to the fullest extent permitted by law and the invalidity in whole or in part of a clause shall not affect the remainder of that clause and all the general terms and conditions.
The General Terms and Conditions of Sale, the product catalogue presented, as well as the documents of a commercial nature are inseparable and constitute the agreement governing all relations between the seller and the customer in the context of sales on the website "https://www.gaala.com", hereinafter referred to as the "Website".
Article 2: Obligation to provide information
The seller undertakes to provide the customer or to make available on its website all documents useful for the customer's understanding of the products sold by the seller in order to meet the seller's legal obligations regarding information (articles L. 111-1 and L. 111-3 of the Consumer Code).
As a result, the characteristics of the products sold (composition; price; availability), these general terms and conditions of sale, are available on the Website and through customer service(firstname.lastname@example.org).
Article 3: Purpose
The sole purpose of these general conditions is to define the rights and obligations of each of the parties to any sale concluded between the seller and its customers. It is recalled that the general conditions prevail over any other document issued by the Client that is contrary to Gaâla's general terms and conditions of sale.
The general conditions and its annexes constitute an indivisible whole.
These General Conditions are intended to govern all requests concerning the services sold by the seller.
It is recalled that the acceptance by the customer of the terms contained in these general conditions of sale is considered as acquired as soon as the contract is signed and by ticking the box provided for the purpose of accepting these cgvs placed at the end of the contract indicating the following: "I declare that I have read and accepted the terms and general conditions of sale". This box must be ticked, even if the contract is concluded online.
Article 4: Evolution of services - Evolution of legal obligations
Any subsequent modifications that may be made to this document in accordance with any obligations that may arise as a result of legal changes are tacitly accepted by the customers of the Gaâla website.
In addition, these general conditions are intended to be modified according to the evolution of the products sold, the services that can be provided, and their development. Gaâla may modify these general terms and conditions of sale. Gaâla (the seller) will inform the customers either by direct sending (mail; personal space; etc.) or by making it available on its website.
In the event of a conflict between clauses contained in the new general terms and conditions of sale and those in force at the time the contract is signed, the General Terms and Conditions and the prices attached to the contract shall prevail unless otherwise provided more favourable to the customer or unless legal obligations are modified.
Thus the Client acknowledges having verified the adequacy between the characteristics and composition of the products (i.e. the materials used to manufacture the clothing) sold on the website with his needs.
Article 5: Retroactivity of offers and clauses more favourable to the customer
At no time may a customer take advantage of a promotional offer or a clause in these general terms and conditions of sale, more favourable than that contained in the general terms and conditions of sale in force at the time of his order, in order to obtain, on a retroactive basis, an economic advantage.
Article 6: Access to the website
The seller ensures that access to the site is permanently possible, subject to periods of maintenance and upkeep of the Website, server updates and any problems that may exceptionally disrupt the network.
Gaâla insists that a discrepancy may occur between the commercial document and the information on the website when changes have occurred (especially if the customer has kept the commercial document for a significant period of time). Customers are invited to check the adequacy between the information on the commercial document in their procession and that on the website or to contact customer service.
Article 7: Proposed Products - Duration
All products offered by the seller are presented and detailed on the website. Any product, commercial offers or other information contained in commercial brochures, advertisements etc. are only valid as long as they are presented on the website, and more generally until stocks run out.
However, the seller specifies that any change of legislative, regulatory or jurisprudential origin that would modify the content of the proposed product catalogue, or force the seller to remove it from its catalogue, may not be ordered by the customer even if it is present on the seller's website before an update of the products offered.
Article 8: Applicable Rates
All prices applicable to products sold on the Website are indicated by reference, the price is indicated including VAT.
Gaâla reserves the right to change its prices.
The current rates are those posted on the website. Failing this, the price provided for in the contract shall apply. Any rates relating to a service in progress may not be reduced on the pretext, in particular: a promotional offer; a reduction in posted prices; a commercial gesture granted to a third party.
Article 9: Order
The Customer places an order on the website to purchase one or more items, he must necessarily follow the following ordering process:
It is specified that the Customer has the right, throughout the ordering process, to view the details of his order, the total price and correct any errors, before confirming it to express his acceptance, materialized by the validation of payment.
The customer validates the order when he activates the link "confirm your order" at the bottom of the page "Summary of your order". Before validation it is proposed to the customer to check his basket and accept the terms of the GTC.
Gaâla confirms the order by e-mail, including all the elements of the order.
The data recorded by the site constitutes proof of the content and date of the order. These data are archived by the seller under the conditions and within the time limits imposed by the Law. The customer has a right of access to this information upon simple request to customer service.
Article 10: Method of payment - Delivery
The payment of orders is made by credit card. All orders are payable in euros through a secure platform.
During the validation of the order, and before payment, the customer chooses the desired delivery method among the different methods offered.
The seller offers shipping costs to customers placing orders of 300€ minimum.
NOTE: Any time limits indicated are for information only. The seller is only committed to the shipping time. The delivery time varies according to the delivery method chosen and the delivery address.
Article 11: Return
The return shipping costs are free for all orders of a minimum amount of 300€.
Otherwise, the return costs are the responsibility of the customer.
It is reminded that returned clothing must not have been worn or washed. Labels must be present on the product. Also, the product must not have been damaged, degraded and must be returned in a condition that allows it to be resold.
No exchange can be made, the seller cannot guarantee to have a stock necessary for an exchange.
Article 12: Reimbursement
Any product whose return has been confirmed will be refunded. If the customer wishes to obtain another product in exchange he will have to place another order.
Article 13: Geographical area.
Gaâla offers its products for sale throughout metropolitan France.
Upon request, and after validation by the seller, sales can be validated to other EU Member States by adding the appropriate delivery method and price.
Article 14: Transfer of ownership - Transfer of risk.
The transfer of ownership of the Seller's Product(s) to the Customer shall only take place after full payment of the price by the latter, notwithstanding the delivery date of the Product(s).
The Products ordered by the Customer shall be delivered within the territory referred to in the "Geographical Area" article of this Agreement to the address indicated by the Customer when ordering on the website.
Except in the event of unavailability or special circumstances, the Products ordered will be delivered in a single shipment.
Any order placed on the site before 11:30 am from Monday to Friday (excluding public holidays) will be prepared and shipped within a maximum period of 48 hours (working days), subject to validation of payment.
Possible holiday periods will be mentioned on the site, making the shipping time longer.
Article 15: Obligations of the seller
The seller undertakes to provide the customer with all necessary information concerning the products offered on the site.
The seller also undertakes to deliver a product that conforms to the product ordered by the customer.
Personal information concerning the Customer or relating to his activity (in the case of a professional customer) of which the seller has knowledge when placing an order will be strictly confidential and may not be disclosed and/or communicated to third parties.
Article 16: Client's Obligation
The Customer is obliged to pay the price and provide accurate information in order to enable the order to be sent.
Article 17: Right of withdrawal of 14 days
1 - Legal right of withdrawal
In accordance with the provisions of Articles L121-21 et seq. of the Consumer Code, the Customer has a period of fourteen (14) days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify any reasons or pay any penalty, with the exception of return costs, for exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within at least fourteen (14) days following the notification of the Customer's withdrawal decision to the Seller.
In the case of an order for several goods delivered separately or in the case of an order for goods consisting of multiple lots or parts delivered over a defined period, the time limit shall run from the receipt of the last good or lot or part.
Returns must be made in their original condition and complete, allowing them to be re-marketed in new condition, accompanied by the purchase invoice.
Open, damaged, damaged, soiled or incomplete Products are not accepted.
The right of withdrawal can be exercised by email or post:
An acknowledgement of receipt on a durable medium will be immediately communicated to the Customer by the Seller.
This acknowledgement of receipt will contain a return number and specify the procedures to be followed by the Customer. It is recommended that the Customer print and attach it by any means to the returned Product(s) without damaging them.
2 - Effects of the exercise of the legal right of withdrawal
In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased; the return and delivery costs remain the responsibility of the Customer.
The refund will be made within fourteen (14) days of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.
It is recalled that the Customer must return the Product(s) no later than fourteen (14) days from the date on which the latter notified its decision to retract to the Seller.
The transport of the returned products is done under the responsibility of the Customer, consequently any damage suffered by a returned product defeats the right of retraction according to what is specified in this article.
As the Products may be returned by the Post Office with regard to their technical characteristics, it is the Customer's responsibility to contact the postal services in order to know the amount of the return costs.
3 - Exceptions
In accordance with Article L121-21-8 of the Consumer Code, the right of withdrawal may not be exercised for contracts in particular:
- The supply of goods made to consumer specifications or clearly personalised;
- The supply of goods that are likely to deteriorate or expire quickly;
-The supply of goods which, after having been delivered and by their nature, are inextricably mixed with other items;
Article 18: Guarantees
1 - Legal guarantees:
The Products supplied by the Seller are entitled to benefit automatically and without additional payment, regardless of the right of withdrawal, in accordance with legal provisions,
- the legal guarantee of conformity, for Products that are apparently defective, damaged or damaged or do not correspond to the order,
- the legal guarantee against hidden defects resulting from a defect in material, design or manufacturing affecting the delivered products and rendering them unfit for use, under the conditions and in accordance with the procedures defined in the appendix to these General Terms and Conditions of Sale (Compliance Guarantee / Hidden Defects Guarantee).
Under the legal guarantee of conformity, the Customer has a period of two (2) years following the delivery of the Product to act and implement the guarantee, free of charge. The latter may choose between repairing or replacing the non-compliant good subject to the cost conditions provided for in Article L211-9 of the Consumer Code.
To benefit from the legal guarantee of conformity, the defect of the product must exist on the day of acquisition. If this defect appears within six (6) months following the delivery of the goods, it is presumed to exist on the day of acquisition, which exempts the Customer from having to provide proof of it. Beyond this period, it is the Customer's responsibility to prove that the defect existed on the date of purchase by presenting any document likely to certify the non-conformity of the Product.
The Customer's attention is drawn to the fact that, in accordance with the Consumer Protection Act of 17 March 2014, the period of presumption of existence of the lack of conformity on the day of acquisition of the Product is increased to twenty-four (24) months from 18 March 2016, with the exception of second-hand Products sold.
The legal guarantee of conformity applies independently of any commercial guarantee granted.
The Customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and that, in this case, he may choose between cancelling the sale or reducing the sale price in accordance with Article 1644 of the Civil Code.
To benefit from the legal guarantee of conformity or the guarantee of defects of the item sold, contact our Customer Service.
2 - Commercial guarantees:
By commercial guarantee it is meant any guarantee, free or onerous, granted by the Seller, the manufacturer of the Product or by a third party in addition to the legal guarantees.
If a commercial guarantee is provided, the Products purchased on the website may benefit, in addition to the legal guarantees of conformity and hidden defects, from this guarantee according to the terms, conditions, conditions and prices set out in the description of each Product concerned.
If necessary, the commercial guarantee is covered by a written contract, a copy of which is given to the Customer.
The Customer is reminded that when a commercial guarantee is granted, this does not prevent the application of the legal guarantees referred to in point 1 and in Annex I hereto.
Article 19: Data processing and liberties:
In accordance with law 78-17 of 6 January 1978, it is recalled that the personal data requested from the Customer are necessary for the processing of his order and the preparation of invoices.
This data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the website has been declared to the CNIL.
In accordance with the Data Protection Act of 6 January 1978, the Client has the right to access, rectify and oppose all his personal data at any time by writing, by post and by proving his identity, to the following e-mail address: email@example.com
Article 17: Intellectual Property
The Client acknowledges that the seller is the sole owner of the intellectual property right relating to the presentation photographs he has taken and displayed on the website. The customer undertakes not to use them.
It is prohibited to distribute or reproduce even partially, in any form whatsoever, the content of the commercial presentations of products as well as the photos taken by Gaâla.
Any disputes between the seller and his customer must be settled in the first instance by contacts and discussions between the two parties in order to find the best solution to the contentious situation arising from the contract of sale.
In the event that the discussions are not successful, the parties may decide to use mediation. Theymay then choose to designate one or more third parties to the contract to assist them and help find the best possible outcome to the dispute.
However, as provided for in Article L. 152-2 of the Consumer Code, "a dispute cannot be examined by the Consumer Ombudsman when:
- The consumer does not justify having previously attempted to resolve his dispute directly with the trader by means of a written complaint in accordance with the procedures laid down, where applicable, in the contract;
- The request is manifestly unfounded or abusive
- The dispute has previously been or is being examined by another mediator or by a court;
- The consumer has submitted his request to the mediator within more than one year of his written complaint to the trader;
- The dispute does not fall within its scope of competence;"
If the parties to the contract do not find a favourable outcome to their dispute, they may bring it before the competent courts.
Article 19: Jurisdiction and Applicable Law
These general conditions are governed, interpreted and applied in accordance with French law. Any dispute arising from these general terms and conditions or from the execution of the sales contract concluded between the parties shall be submitted to the competent courts within the jurisdiction of the customer's domicile.