ARTICLE 1 – Scope of application
These General Conditions of Sale (CGV) apply, without restriction or reservation, to all sales concluded by CHARCLO 2.0 OÜ from non-professional customers (“The Customers” or “The Customer”), wishing to purchase the products offered for sale (“The Products”) on the site https://gem-case.com. The Products offered include burkinis.
The main characteristics of the Products, in particular the specifications, illustrations and indications of dimensions or capacity, are presented on the site https://gem-case.com, which the Customer is required to read before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer. Product offers are valid while stocks last, as specified when placing the order.
These General Terms and Conditions are accessible at any time on the site https://gem-case.com and will take precedence over any other document. The Customer declares to have read these General Terms and Conditions and to have accepted them by checking the box provided for this purpose before implementing the online ordering procedure on the site https://gem-case.com.
Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer.
The Seller’s contact details are as follows:
- CHARCLO 2.0 OÜ
- VAT number: EE102505102
- Head office: Narva mnt 5, 10117 Tallinn, Estonia
- E-mail : contact@gem-case.com
Products presented on the site https://gem-case.com are offered for sale for the following territories: France, Belgium, Switzerland, Germany, Spain, Italy, Netherlands, Luxembourg, Austria, and Portugal. In the event of an order to a country other than mainland France, Belgium, Switzerland, Germany, Spain, Italy, the Netherlands, Luxembourg, Austria, and Portugal, the Customer is the importer of the Products concerned.
Customs duties or other local taxes or import duties may be payable. They will be the responsibility and are the sole responsibility of the Customer.
ARTICLE 2 – Price
The Products are supplied at the current prices appearing on the site https://gem-case.com when the order is registered by the Seller. Prices are expressed in Euros, including tax.
The prices take into account any reductions granted by the Seller on the site https://gem-case.com. These prices are firm and cannot be revised during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time.
The prices do not include processing, shipping, transport and delivery costs, which are invoiced additionally, under the conditions indicated on the site and calculated before placing the order. The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is established by the Seller and given to the Customer upon delivery of the Products ordered.
ARTICLE 3 – Orders
It is up to the Customer to select on the site https://gem-case.com the Products he wishes to order, according to the following terms:
Product offers are valid as long as they are visible on the site, while stocks last. The sale will only be considered valid after full payment of the price. It is the Customer’s responsibility to verify the accuracy of the order and to immediately report any errors.
Any order placed on the site https://gem-case.com constitutes the formation of a contract concluded remotely between the Customer and the Seller. The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
Any cancellation of the order by the Customer will only be possible before delivery of the Products (irrespective of the provisions relating to the application or not of the legal right of withdrawal).
ARTICLE 4 – Payment conditions
The price is paid by secure payment method, according to the following terms:
- payment by credit card
The price is payable in cash by the Customer, in full on the day the order is placed. Payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider involved in banking transactions carried out on the site. https://gem-case.com. Payments made by the Customer will only be considered final after actual receipt by the Seller of the sums due.
The Seller will not be required to deliver the Products ordered by the Customer if the Customer does not pay the price in full under the conditions indicated above.
ARTICLE 5 – Deliveries
The Products ordered by the Customer will be delivered in mainland France or in the following zone(s): France, Belgium, Switzerland. Deliveries take place within 7-12 days to the address indicated by the Customer when ordering on the site.
Delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above. If the Products ordered have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the Customer’s actions, the sale may be canceled at the Customer’s written request within conditions provided for in articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, excluding any compensation or withholding.
In the event of a specific request from the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Seller, the related costs will be subject to additional specific invoicing, based on a quote previously accepted in writing by the customer.
The Customer is required to check the condition of the delivered products. He has a maximum period of 14 days from delivery to submit complaints by email, accompanied by all relevant supporting documents (photos in particular). After this period and failing to have complied with these formalities, the Products will be deemed to be compliant and free from any apparent defect and no complaint can be validly accepted by the Seller.
The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in articles L 217-4 et seq. Consumer Code and those provided for in these General Terms and Conditions.
The transfer of the related risks of loss and deterioration will only be made when the Customer takes physical possession of the Products. The Products therefore travel at the Seller’s risk except when the Customer has chosen the carrier himself. As such, the risks are transferred when the goods are handed over to the carrier.
ARTICLE 6 – Transfer of ownership
The transfer of ownership of the Products from the Seller to the Customer will only be carried out after full payment of the price by the latter, regardless of the date of delivery of said Products.
ARTICLE 7 – Right of withdrawal
In accordance with the terms of article L221-18 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 reasons or to pay a penalty, for the purpose of exchange or refund, provided that the Products are returned in their original condition and complete (packaging, accessories, instructions, etc.). Damaged, soiled or incomplete Products will not be returned.
The right of withdrawal can be exercised online, using the withdrawal form available on the site or any other declaration, unambiguous, expressing the desire to withdraw, and in particular by postal mail addressed to the Seller at the contact details postal or email indicated in ARTICLE 1 of the General Terms and Conditions.
Return costs remain the responsibility of the Customer. The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.
ARTICLE 8 – Responsibility of the Seller – Guarantees
The Products supplied by the Seller benefit from:
- The legal guarantee of conformity for defective, damaged or damaged Products or those that do not correspond to the order.
- The legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the Products delivered and rendering them unfit for use.
Provisions relating to legal guarantees:
- Article L217-4 of the Consumer Code: “The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. »
- Article L217-5 of the Consumer Code: “The good complies with the contract 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 it presented to the buyer in the form of a sample or model; if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling; or if it has the characteristics defined by mutual agreement between 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. »
- Article L217-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed two years from the delivery of the good. »
- 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 reduce this use to such an extent that the buyer does not would not have acquired, or would have only given a lower price, if he had known them. »
- Article 1648 paragraph 1 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »
- Article L217-16 of the Consumer Code: “When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a restoration covered by the warranty, any period of downtime of at least seven days is added to the remaining warranty period. »
In order to assert his rights, the Customer must inform the Seller, in writing (email or post), of the non-conformity of the Products or of the existence of hidden defects from their discovery. The Seller will reimburse, replace or repair Products or parts under warranty deemed non-compliant or defective. Shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed upon presentation of supporting documents.
Refunds, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and at the latest within 14 days following the Seller’s discovery of the lack of conformity or hidden defect. This reimbursement can be made by transfer or bank check.
The Seller cannot be held liable in the following cases:
- non-compliance with the legislation of the country in which the Products are delivered, which it is up to the Customer to verify;
- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure;
- the photographs and graphics presented on the site are not contractual and cannot engage the liability of the Seller.
The Seller’s guarantee is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products.
ARTICLE 9 – Personal data
The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as their transmission to third parties for the purpose of delivery of the Products. This personal data is collected solely for the execution of the sales contract.
9.1 Collection of personal data
Personal data collected on the site https://gem-case.com are the following :
- Ordering Products: When ordering Products by the Customer: Names, first names, postal address, telephone number and e-mail address.
- Payment: As part of payment for Products offered on the site https://gem-case.com, this records financial data relating to the bank account or credit card of the Customer / user.
9.2 Recipients of personal data
Personal data is reserved for the sole use of the Seller and its employees.
9.3 Data controller
The data controller is the Seller, within the meaning of the Data Protection Act and as of May 25, 2018, Regulation 2016/679 on the protection of personal data.
9.4 Limitation of processing
Unless the Customer expresses his express agreement, his personal data is not used for advertising or marketing purposes.
9.5 Data retention period
The Seller will keep the data thus collected for a period of 5 years, covering the limitation period for applicable contractual civil liability.
9.6 Security and confidentiality
The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
9.7 Implementation of Customer and user rights
In application of the regulations applicable to personal data, Customers and users of the site https://gem-case.com have the following rights:
- They can update or delete the data that concerns them by logging into their account, on the account configuration tab.
- They can delete their account by writing to the email address indicated in article 9.3 “Data controller”.
- They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 “Data controller”.
- If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in article 9.3 “Data Controller”.
- They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in article 9.3 “Data controller”.
- They may also request the portability of data held by the Seller to another service provider.
- Finally, they can object to the processing of their data by the Seller.
These rights, as long as they do not oppose the purpose of the processing, can be exercised by sending a request by mail or e-mail to the Data Controller whose contact details are indicated above. The data controller must provide a response within a maximum of one month.
In the event of refusal to grant the Customer’s request, the latter must provide reasons. The Customer is informed that in the event of refusal, he can lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or contact a judicial authority.
The Customer may be asked to check a box under which he agrees to receive emails of an informative and advertising nature from the Seller. He will always have the possibility to withdraw his agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 10 – Intellectual property
The content of the site https://gem-case.com 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.
ARTICLE 11 – Applicable law – Language
These General Terms and Conditions and the operations resulting from them are governed and subject to French law. These General Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.
ARTICLE 12 – Disputes
For any complaints, please contact customer service at the Seller’s postal or email address indicated in ARTICLE 1 of these General Terms and Conditions. The Customer is informed that he can in any case resort to conventional mediation, to existing sectoral mediation bodies or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute. In this case, the designated mediator is:
- SAS Mediation https://sasmediationsolution-conso.fr
The Customer is also informed that he can also use the Online Dispute Resolution (RLL) platform:
All disputes relating to purchase and sale transactions concluded in application of these General Terms and Conditions and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of law. common.
ANNEX I – Withdrawal form
Date ______________________
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on https://gem-case.com except exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
To the attention of CHARCLO 2.0 OÜ
- Narva mnt 5, 10117 Tallinn, Estonia
I hereby notify the withdrawal of the contract relating to the property below:
- Order from (indicate date)
- Order number: ……………………………………… …………..
- Client name : ………………………………………. ………………………..
- Customer Address: …………………………………… …………………….
Signature of the Client (only in the event of notification of this form on paper)
CONTACT US
If you have any questions, please contact us by email at contact@gem-case.com, or by mail to the following address:
- CHARCLO 2.0 OÜ
- Narva mnt 5, 10117 Tallinn, Estonia