GENERAL TERMS AND CONDITIONS OF SALE
Our terms and conditions of sale (the "Terms and Conditions") apply when you, as a customer ("You"), place an order using www.simoneetgustave.fr and all its related pages (the "Website"). The Agreement is a contract between You and SAS Simone & Gustave, 90 route de Paris 76240 Bonsecours, France. Detailed contact information and other information about Simone & Gustave is available on its website. The present conditions are only applicable to you, as a customer placing orders on this sales site.
Simone & Gustave cannot be held responsible for stock shortages, inappropriate images or typing errors on the website, errors in the description of a product or other technical specifications, incorrect or changed prices (e.g. reflecting variations in supplier prices or currency fluctuations). Simone & Gustave has the right to correct these errors and to modify or update the information at any time. If an incorrect price has been entered for a product you have ordered, the customer will be informed as soon as possible and Simone & Gustave will wait until the customer has accepted the corrected price before shipping the order. All images on the Simone & Gustave website should be considered as illustrations only. These illustrations cannot guarantee the exact appearance of the corresponding item. Simone & Gustave declines all responsibility for information provided by third parties on its website.
The website and all its contents are the property of Simone & Gustave or its licensors. All information is protected by intellectual property and marketing laws. This means that trademarks, product names, company names, designs, images and graphics, presentations and information about products, services and other content may not be copied or used without the prior written consent of Simone & Gustave.
2. Contracts and orders
A purchase contract is officially concluded when Simone & Gustave has confirmed your order and you have received the confirmation by email. Simone & Gustave advises you to keep the order confirmation as you will be asked for the information on this document in case of contact with Customer Service. The customer has the right to cancel the order until it has been confirmed by Simone & Gustave. If the order is cancelled, Simone & Gustave will reimburse any payment that you or your debit or credit card company may have made.
Simone & Gustave is a B2C company that sells to private individuals when purchasing via the online shop. Simone & Gustave can provide a receipt of payment with all products purchased, including VAT and customer information that was provided at the time of payment.
3. Customer information
4. Fees, prices and payment
The prices indicated on the website always apply to orders placed on the website. All prices are quoted in EUR and include VAT. Prices do not include payment and shipping costs. These are given separately.
You can pay for your purchase in any way specified on the website. Simone & Gustave is entitled to charge you in connection with the order. Simone & Gustave also reserves the right not to offer all methods of payment at any time and to change the method of payment if the method of payment you have selected does not work. This applies for any reason at the time of order execution. The limits of the available payment methods are defined on the website.
5. Special offers
Simone & Gustave may at any time make special offers on the website that may include more favourable conditions than those set out in these general terms and conditions, for example with regard to payment or the extended right of withdrawal. Such conditions will apply for the duration of the special offer and for the products offered by Simone & Gustave in connection with it. Simone & Gustave reserves the right to withdraw such special offers at any time. In the event of termination or withdrawal of such a special offer, the present general terms and conditions shall continue to apply without modification. Offers on specific products on the website are only valid for a limited period of time and until the products are sold out.
6. Shipping and delivery
Products in stock are normally delivered within the number of working days indicated on the website. Unless otherwise agreed (e.g. when reserving products not in stock), delivery will be made at the latest 30 working days after Simone & Gustave has confirmed the order by e-mail. If you have not received your order within the promised timeframe, please first check that you have given us the correct information. If this is the case, please contact our Customer Service within 30 working days after placing your order and we will assist you.
The expected delivery time is described in the order confirmation and on the Shipping page of the website. Unless exclusively agreed otherwise, and if a delivery is delayed by more than 30 working days and this is not due to you as a customer, you have the right to cancel the purchase.
If a parcel is to be collected from a specific delivery point, you must do so within the time limit specified in the notification. Packages should normally be collected personally with valid identification and the order number. You will receive a delivery notification indicating where and when the package can be collected or received. The notification is sent by e-mail. If the parcel is not collected, Simone & Gustave is entitled to charge you a fee of 15 euros.
7. Right of withdrawal
When purchasing products on the website, you have a 14-day withdrawal period. This is in accordance with the applicable consumer protection legislation. This means that you have the right to cancel your purchase on the Simone & Gustave website upon request, within 14 days of receipt of the order by you or your representative (cancellation period).
By accepting the general terms and conditions, you acknowledge and agree that the right of withdrawal does not apply to digital content delivered other than on a physical medium.
When ordering a product for which the right of withdrawal does not apply, you will receive clear information on this. In order to be able to exercise your right of withdrawal in full, you should also ensure that you do not break the seal on sealed goods. You will lose your right of withdrawal if the item is returned to us open/unsealed. A seal also includes any technical seals (e.g. the serial number).
If you wish to withdraw from the purchase, you must send a clear message to Simone & Gustave before the withdrawal period expires. This message must follow the procedure in force here. In your message, you should provide your name, contact details and other relevant information, including the order number, invoice number and product name. Alternatively, instead of the above-mentioned message, you can use the standard form for the right of withdrawal provided by any competent authority
If you use your right of withdrawal, you must pay the return shipping costs and are also responsible for the condition of the product after receipt of the product as well as during the return shipping. The product must be returned within 14 days of the date Simone & Gustave was informed of the withdrawal. The product must be sent well packaged, in good condition and in its original box and/or packaging. All returns must be sent to Simone & Gustave in accordance with the methods and instructions stated on the website. Depending on the destination, you may be subject to additional charges for receiving their package. These costs include VAT / local taxes, customs fees, etc. The above-mentioned costs are exclusively at your expense, even in the case of a forced return, i.e. before delivery of the package. If you would like more information on this subject, please contact our Customer Service.
When you make use of your right of withdrawal, Simone & Gustave will reimburse the amount you paid for the product, including shipping costs. Simone & Gustave will not reimburse any additional delivery costs incurred if you choose another delivery method. If only part of the order is returned, the delivery costs will not be refunded. Simone & Gustave has the right to deduct from the amount to be reimbursed an amount equal to the depreciation of the product in relation to its original value and insofar as this depreciation is due to inadequate use of the product.
Simone & Gustave will reimburse the amount within 14 days of the date on which Simone & Gustave received the client's notice of withdrawal. Simone & Gustave may, however, delay the refund until Simone & Gustave has received the product or the client has provided proof that the product has been returned. This proof can be provided by means of a delivery certificate, for example. Your refund will be made via the method of payment chosen at the time of the order, unless prior agreement or obstacles to this refund have been given.
8. Claims and warranty
Some Simone & Gustave products may be subject to guarantees. Information on any warranty period and its special warranty conditions for each product can be found on the website or in these general conditions. The warranty applicable to the products covers only original manufacturing defects and not possible defects due to alterations made to the function or appearance of a product (e.g. reassembling, upgrading, or any other re-configuration). The confirmation of your order shall serve as a warranty certificate.
The right to complain applies to defective products according to the applicable consumer protection legislation. If you wish to exercise your right to complain about any product ordered, you should contact Simone & Gustave as soon as possible after the discovery of the defect, using the contact form or the contact details provided on the website.
Simone & Gustave will cover the cost of return freight for all approved complaints.
Once the product for which a complaint has been filed has been returned and the complaint has been approved, Simone & Gustave will reimburse the customer in accordance with the applicable consumer protection legislation. Simone & Gustave always endeavours to do this within 30 days of receiving the complaint, but this may be delayed depending on the nature of the product. Simone & Gustave reserves the right to refuse any complaint if the product, in accordance with the applicable consumer protection legislation, proves not to be defective. In case of complaints, Simone & Gustave follows the guidelines provided by the National Council for Consumer Complaints or the corresponding authorities in other countries.
10. Force majeure
Simone & Gustave cannot be held responsible for delays caused by circumstances beyond the control of Simone & Gustave, for example: industrial action, changes in government orders, acts of war, fire, lightning, terrorist attacks, technical problems, failures in power/tele/computer or other communications and failures or delays in the provision of the service by subcontractors due to the above circumstances. Such circumstances shall result in relief from damages and other measures. Should such a situation occur, Simone & Gustave will inform its customers from the beginning to the end of the period corresponding to the current situation. If the situation has lasted for more than two months, customers and Simone & Gustave are entitled to cancel the purchase with immediate effect.
11. Modification of the general conditions
Simone & Gustave reserves the right to modify these general conditions at any time. Any changes to these terms and conditions will be published on the website. The modifications become valid once the client has accepted the general conditions, either as part of a new purchase or while browsing the website, or 30 days after Simone & Gustave has informed the client of the modifications. However, Simone & Gustave recommends that the client regularly updates the website to keep abreast of any changes to the general conditions.
In the event that any provision of this Agreement is found to be invalid or unenforceable by a court, authority or arbitral tribunal of competent jurisdiction, the remainder of that provision and all other provisions shall remain valid and enforceable to the fullest extent permitted by applicable law. Any provision found to be invalid or unenforceable shall be superseded by the relevant legal guidelines and advice.
13. Applicable law and jurisdiction
Any dispute will mainly be settled by agreement after discussions with Simone & Gustave's customer service. In the event of a dispute, Simone & Gustave will abide by French law. In the case of disputes with professional customers, the competent jurisdiction will be the Commercial Court of Rouen (76)
These conditions were drafted by Simone & Gustave on 20 July 2021