www.geopelie.com (the “Site”) is published by Société Géopélie, a simplified joint stock company, whose head office is at 44, rue du Port aux Cerises, 44240 La Chapelle sur Erdre, registered with the Registry of the Commercial Court of Nantes, under the number 892 665 456 (hereinafter “Géopélie”).
1. APPLICATIONS OF THE GENERAL CONDITIONS OF SALE
The general conditions of sale (the “CGV”) detailed below apply to all orders or pre-orders for products and services placed via the Site (the “Products”) with Géopélie by any person (the “Customer”) .
The Customer must read the T&Cs prior to any order or pre-order (the “Order” or the “Pre-Order”), the T&Cs being available on the Site.
Géopélie reserves the right to adapt or modify these General Terms and Conditions at any time. The version of the General Terms and Conditions applicable to any sale being that appearing online on the site www.geopelie.com at the time of the Order. Consequently, placing an Order or Pre-Order requires full prior and unreserved acceptance of the General Conditions of Sale by the Customer by clicking on the button "I have read and accept the general conditions of sale".
2. INFORMATION ON THE SITE AND ACCESSIBILITY OF THE SITE
www.geopelie.com is an e-commerce site owned and managed by Géopélie.
The Site is accessible to all users of the internet network in principle 24 hours a day, 7 days a week, except interruption, scheduled or not, by Géopélie or its service providers, for the purposes of its maintenance and/or security or in the event of force majeure. (as defined below).
Géopélie cannot be held responsible for any damage, whatever its nature, resulting from unavailability of the Site.
Géopélie does not guarantee that the Site will be free of anomalies, errors or bugs, nor that the Site will operate without breakdown or interruption. In this regard, it may freely and at its sole discretion determine any period of unavailability of the Site or its content.
Géopélie cannot be held responsible for data transmission, connection or network unavailability problems.
Géopélie reserves the right to change the Site, for technical or commercial reasons. When these modifications do not alter the conditions of provision of services, in a substantial and negative manner, the Customer may be informed of the modifications made, but his acceptance is not requested.
Part of our site operates using a Pre-Order system. By placing a Pre-Order, the customer acknowledges that if the Pre-Order objective mentioned on each Pre-Order product sheet is not reached at the end of the Pre-Order deadline, they will be refunded the entirety of their purchase, and the Production of the pre-ordered item will not be launched. Production being limited, if the customer purchases a product in stock, he acknowledges that he cannot change the size after receipt. If the customer wishes to be reimbursed for an Order placed as Pre-order or in stock and requests it, the reimbursement procedure will be initiated immediately after receipt of the returned item.
The Products offered for sale are those described on the Site on the day of consultation of the Site by the Customer, within the limits of available stocks. These indications are automatically updated in real time. However, an error in the update, whatever its origin, does not engage the responsibility of Géopélie. As such, Géopélie cannot be held responsible for the cancellation of an Order or a Pre-order of a Product due to exhaustion of stocks.
Géopélie takes the greatest care in the presentation and description of its Products to best satisfy the Customer's information. However, it is possible that errors may appear on the Site, which the Customer acknowledges and accepts.
Géopélie does not guarantee the accuracy or security of the information transmitted or obtained using the Site.
It is possible that the Customer may receive a part previously returned by another person following an Order or Pre-Order. It is specified that Géopélie only accepts the return of intact and unworn Products, these two conditions being checked before returning the returned Products to stock.
4. ORDERS AND PRE-ORDERS
Taking an Order or Pre-Order on the Site is subject to compliance with the procedure set up by Géopélie on the Site including successive steps leading to validation of the Order or Pre-Order.
The Customer can select as many Products as he wishes which will be added to the basket (the “Basket”). The Basket summarizes the Products chosen by the Customer as well as the prices and related costs. The Customer may freely modify the Basket before validation of their Order or Pre-Order. Validation of the Order or Pre-Order constitutes confirmation of the Customer's acceptance of the General Terms and Conditions, the Products purchased, their price as well as the associated costs.
A confirmation email summarizing the Order or Pre-Order (Product(s), price, availability of the Product(s), quantity, etc.) will be sent to the Customer by Géopélie. To this end, the Customer formally accepts the use of email for confirmation by Géopélie of the content of their Order. Invoices are available in the “my account” section of the Site.
In the event of a Pre-Order, the sums paid in advance by the Customer do not constitute a deposit, within the meaning of article 1590 of the Civil Code.
If the minimum objective of a Pre-Order campaign is not reached, Géopélie contacts the Customer at the end of the campaign to announce its decision to refund or produce.
In this case, Géopélie must reimburse the Customer within fourteen (14) days from the cancellation of the Pre-Order.
If the Product is in stock, the Order will be executed at the latest within 7 days from the day following that on which the Customer placed their Order. In the event of unavailability of the Product ordered, in particular due to suppliers, the Customer will be informed as soon as possible and will have the possibility of canceling their Order. The Customer will then have the choice of requesting an exchange of the Product within fifteen (15) days at the latest after receipt or being reimbursed.
The refund will be made no later than fourteen (14) days following the cancellation of the Order.
5. REFUSAL TO PROCESS AN ORDER OR PRE-ORDER
Géopélie reserves the right to withdraw at any time any Product displayed on the Site and to replace or modify any content or information appearing on the latter. Despite Géopélie's best efforts to meet the expectations of its customers, it may be necessary for the latter to refuse to process an Order or Pre-order after having sent the Customer the confirmation email summarizing the Order or Pre-order.
Géopélie cannot be held responsible towards the Customer or a third party for the harmful consequences of the withdrawal of a Product from the Site, or the replacement or modification of any content or information appearing on this Site, or the refusal to process an Order or Pre-order after sending the confirmation email summarizing the Order.
Géopélie also reserves the right to refuse or cancel an Order or Pre-Order from a customer with whom it has a dispute over the payment of a previous Order or Pre-Order.
6. PRICES AND PAYMENT TERMS
The prices of the products are indicated on the Site in euros, VAT included, but excluding customs fees and other taxes. Customs fees and other taxes must be paid by the Customer directly to the carrier.
All prices displayed are calculated and include the value added tax (VAT) applicable in France or that applicable in the country of delivery located in the European Union.
Géopélie reserves the right to modify its prices at any time but the Products will be invoiced on the basis of the prices in force at the time of registration and payment of the Order or Pre-order, subject to availability.
The Products are payable in cash upon placing the Order or Pre-Order.
Payment for purchases is made via the secure platform of our payment provider PAYPLUG.
Paypal (Europe) S.à.rl et Cie, is a Luxembourg partnership limited by shares, registered with the Luxembourg RCS under number B118349, whose head office is located at 22-24, Boulevard Royal – L-2449 Luxembourg. For any information, the Customer can consult the following website: https://www.paypal.com.
Payplug: for any information, the Customer can consult the following website: https://www.payplug.com/fr/.
The Customer expressly acknowledges that communicating his bank card number to Géopélie constitutes authorization to debit his Account up to the price of the Products ordered. Where applicable, a notification of cancellation of an Order or Pre-Order for non-payment is sent to the Customer by Géopélie to the email address provided by the Customer when registering on the Site.
The data recorded and kept by Géopélie constitutes proof of the Order or Pre-order and of all past sales. The data recorded by Payplug constitutes proof of any financial transaction between the Client and Géopélie.
Deliveries are ensured by the Post Office's Colissimo services, from Monday to Friday, depending on the option chosen by the Customer when validating their Order or Pre-Order.
Delivery means the transfer to the Customer of physical possession of the Products (the “Delivery”).
The Delivery costs applicable to the Order or Pre-order are those mentioned on the Site at the time of the Order in the “FAQ” section.
When Géopélie takes care of the delivery of the Product, the risk of loss or deterioration of the Product is transferred to the Customer at the time of Delivery.
As an exception, the risk is transferred to the Customer when the Product is handed over to the carrier when the latter is responsible for transport by the Customer and not by Géopélie.
Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the residence address of the Customer, of a natural person of his choice or of a legal entity (delivery to his company ). Delivery cannot be made to hotels or to post office boxes.
If it is impossible to carry out the Delivery, due to an incorrect delivery address or the absence of collection by the Customer of their Order or Pre-order from the selected collection point or from Colissimo, no reshipment can be carried out and the Customer will be reimbursed within five (5) days of receipt of the Order or Pre-order by Géopélie.
Géopélie delivers Orders or Pre-orders within a maximum period of principle of five (5) months for Delivery in Metropolitan France and 6 (6) months for International Delivery, this period being counted from the first working day after validation of the command.
In order for these deadlines to be respected, the Customer must ensure that they have communicated accurate and complete information concerning the Delivery address (such as, in particular: street number, building number, staircase number, access, names and/or intercom numbers, etc.).
Géopélie cannot be held responsible for delivery delays not of its own making or justified by a case of force majeure (as defined below).
If the Delivery time is exceeded, the Customer may request the cancellation of the sale and obtain, within a maximum of fourteen (14) days of his request to this effect, the reimbursement of the sums paid on the occasion of the Order or Pre-order. Notwithstanding the above, Géopélie cannot be held responsible for the damaging consequences resulting from a delivery delay, only reimbursement of the Product by Géopélie being possible to the exclusion of any other form of compensation.
8. RIGHT OF WITHDRAWAL – REFUNDS AND RETURNS
8.1. Deadline and terms for exercising the right of withdrawal
In accordance with article L.221-18 of the Consumer Code, the non-professional Customer has a period of fourteen (14) days from receipt of the Order to exercise their right of withdrawal from Géopélie, without having to justify his decision.
The right of withdrawal can be exercised by sending a withdrawal request, by post, to the following address: 44, rue du Port aux Cerises, 44240 La Chapelle sur Erdre or to email@example.com .
8.2. Terms of return of the Order within the framework of the right of withdrawal
The right of withdrawal is exercised without penalty.
The Customer returns the Order with the prepaid return voucher provided by Géopélie, without undue delay and, at the latest, within fourteen (14) days following communication of their decision to withdraw in accordance with article L. 221-21 of the Consumer Code.
Beyond this period of fourteen (14) days, the sale is firm and final. The Product must be returned in its original packaging, in its original condition, new, unworn, unwashed. To make a return, the Customer must follow the procedure indicated on the return slip received following their withdrawal request. The return of Products is covered by Géopélie if the place of Delivery is in one of the following countries: France.
The return of the Products is the responsibility of the Customer and is done at their own risk if the place of Delivery is not in the aforementioned countries.
8.3. Reimbursement of Products returned within the framework of the right of withdrawal
Reimbursement of the Order by Géopélie is made no later than fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw.
However, the reimbursement occurs provided that Géopélie has been able to recover the Products subject to the return and the reimbursement request.
Géopélie makes the reimbursement using the same means of payment as that which was used to pay for the Order, unless expressly agreed by the Customer to use another means of payment and to the extent that the reimbursement does not cause costs for the consumer. Géopélie cannot be responsible for reimbursement on an expired payment method.
If the Customer fails to comply with these General Terms and Conditions, Géopélie will not be able to reimburse the Products concerned. In all cases, the return costs are the responsibility of Géopélie if the Product delivered to the Customer is different from the Product ordered or if it is delivered damaged.
9. WARRANTIES – LIMITATION OF LIABILITY
9.1 Limitation of responsibilities
Géopélie's liability with regard to any Product purchased on the Site is strictly limited to the purchase price of the latter. Géopélie will under no circumstances be liable for the following losses, regardless of their origin:
- loss of income or sales
- operating loss
- loss of profits or contracts
- loss of planned savings
- data loss
- loss of working or management time
- image damage
- loss of chance, and in particular to order a Product,
- moral damage.
The documents, descriptions and information relating to the Products appearing on the Site are not covered by any warranty, explicit or implicit, with the exception of the warranties provided for by law.
Géopélie provides no guarantee regarding any damage that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair any functionality of a computer or to interfere with the proper functioning thereof, including any transmission resulting from a download of any content carried out by the Client, software used by the latter to download the content, from the Site or from the server which allows access to it. In this regard, the Customer acknowledges that it is its responsibility to install appropriate anti-virus and security software on its computer hardware and any other device in order to protect them against any bugs, viruses or other programming routines. this order proving harmful.
The Customer acknowledges that it assumes all risks associated with any content downloaded or otherwise obtained through the use of the Site and agrees that it is solely responsible for any damage caused to its computer system or any loss of data resulting from the download of this content.
Géopélie is only required to deliver Products that comply with the contractual provisions. The Products are considered to comply with the contractual provisions if the following conditions are met: (i) they must conform to the description and have the characteristics set out on the Site; (ii) they must be suitable for the purposes for which products of this type are generally designed; (iii) they must meet the quality and resistance criteria which are generally accepted for products of the same type and which can reasonably be expected.
In addition, Géopélie guarantees consumers against lack of conformity and hidden defects for Products sold on the Site under the following conditions:
9.2 Legal guarantees
All products on sale on the Site benefit from the legal guarantee of conformity (as defined in articles L217-4 et seq. of the Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 et seq. of the Consumer Code). Civil Code), allowing the Customer to return defective or non-compliant Products delivered free of charge.
Legal guarantee of conformity
Article L217-4 of the Consumer Code: “The seller is required to deliver goods that comply with the contract and is responsible for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility. »
Art. L217-5 of the Consumer Code: “The good complies with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable (a) if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model; (b) 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, particularly in advertising or labeling; 2° Or if it presents the characteristics defined by mutual agreement by 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. »
Art. L217-7 of the Consumer Code: “Defects of conformity which appear within a period of twenty-four months from delivery of the good are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller can combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity. »
Art. L217-8 of the Consumer Code: “The buyer has the right to demand that the goods conform to the contract. He cannot, however, contest conformity by invoking a defect that he knew or could not have ignored when he contracted. The same applies when the defect has its origin in the materials he himself supplied. »
Art. L217-9 of the Consumer Code: “In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice results in a cost that is manifestly disproportionate with regard to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer. »
Art. L217-10 of the Consumer Code: “If repair and replacement of the goods are impossible, the buyer can return the goods and have the price refunded or keep the goods and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed pursuant to article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2° Or if this solution cannot be done without major inconvenience for him taking into account the nature of the property and the use he is seeking. However, the sale cannot be canceled if the lack of conformity is minor. »
Art. L217-11 of the Consumer Code: “The application of the provisions of articles L. 217-9 and L. 217-10 takes place without any cost for the buyer. These same provisions do not prevent the award of damages. »
Art. L217-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed two years from the delivery of the good. »
Art. L217-13 of the Consumer Code: “The provisions of this section do not deprive the buyer of the right to take action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature recognized by law. »
Article L211-5 of the Consumer Code: “To comply with the contract, the good must:
1) Be suitable for the use usually expected of similar goods and, where applicable:
correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
present the qualities that a buyer can legitimately expect having regard to public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2) Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. »
Article L211-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed two years from the delivery of the good. »
Guarantee against hidden defects
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. »
Art.1642 of the Civil Code: “The seller is not liable for apparent defects of which the buyer was able to convince himself. »
Art. 1643 of the Civil Code: “He is liable for hidden defects, even if he is not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee. »
Art. 1644 of the Civil Code: “In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price refunded. »
Art. 1646 of the Civil Code: “If the seller is unaware of the defects in the thing, he will only be required to return the price, and to reimburse the buyer for the costs incurred by the sale. »
Article 1648 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. In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within the year following the date on which the seller can be released from the apparent defects or lack of conformity. »
As part of the legal guarantee against hidden defects, Géopélie, at the Customer's choice, undertakes, after evaluation of the defect:
- Either to reimburse the entire price of the returned Product,
- Or to reimburse part of the price of the product if the Customer decides to keep the Product.
Exclusion of guarantees
Products modified, repaired, integrated or added by the Customer are excluded from the warranty. The warranty does not cover apparent defects. The warranty will not cover Products damaged during transport after Delivery or due to misuse.
9.3 Conditions for implementing guarantees
As part of the legal guarantee of conformity, the Customer:
- benefits from a period of two (2) years from the delivery of the property to act;
- can choose between repairing or replacing the goods, subject to the cost conditions provided for by article L217-9 of the Consumer Code;
- is exempt from providing proof of the existence of the lack of conformity of the goods during the two years.
The legal guarantee of conformity applies independently of any commercial guarantee granted.
The Customer may decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the Civil Code. In this case, he can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code.
These provisions do not exclude the right of withdrawal defined in Article 9 above.
The presence of an apparent defect on a Product must give rise to a complaint by email to firstname.lastname@example.org
The Customer must comply with the procedure relating to the right of withdrawal by informing Géopélie in advance by any means of the existence of this apparent defect, so that the return can be accepted.
9.4 Consequences of the implementation of legal guarantees
As part of the legal guarantee of conformity, Géopélie undertakes, at the Customer's choice:
- either to replace the Product with an identical product depending on available stocks,
- or to reimburse the price of the Product if replacement of a Product proves impossible.
As part of the legal guarantee against hidden defects, Géopélie, according to the Customer's choice, undertakes, after evaluation of the defect:
- either to reimburse the entire price of the returned Product, or to reimburse part of the price of the Product if the Customer decides to keep the Product.
9.5 Force Majeure
In the event of the occurrence of a force majeure event preventing the execution of these General Terms and Conditions, Géopélie will inform the Customer within fifteen (15) days of the occurrence of this event, by email or by registered letter with acknowledgment of receipt. reception. Expressly, are considered as cases of force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lock-outs, riots, boycotts or other actions of an industrial nature or disputes commercial activities, civil unrest, insurrection, war, act of terrorism, bad weather, epidemic, blockage of means of transport or supply for any reason, earthquake, fire, storm, flood, water damage, government restrictions or legal, legal or regulatory changes to forms of marketing, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship. All obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of Géopélie or the Customer without compensation to either party. Failure to pay by the Customer cannot be justified by a case of force majeure.
10. RESERVATION OF OWNERSHIP
Géopélie retains full and complete ownership of the Products sold until full payment of the full price, in principal, fees, taxes and mandatory contributions included.
11. PARTIAL INVALIDITY
If one or more stipulations of these General Terms and Conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.
No tolerance, inaction or inertia on the part of Géopélie may be interpreted as a waiver of its rights under the terms of the General Terms and Conditions.
13. LEGAL INFORMATION
Please note that the secrecy of correspondence is not guaranteed on the Internet and that it is up to each Internet user to take all appropriate measures to protect their own data and/or software from computer contamination. possible viruses circulating on the Internet.
Géopélie, simplified joint stock company, whose head office is at 41, rue Julien Poydras de la Lande, 44240 La Chapelle sur Erdre, registered with the Registry of the Commercial Court of Nantes, under number 892 665 456.
The publication director is Delphine Zimmermann, legal representative of Géopélie.
Contact: hello at geopelie.com
3. DESIGN AND PRODUCTION
4. PERSONAL DATA AND COOKIES