GENERAL SALES CONDITIONS
of the MTPL SAS company, having its registered office at 10, rue Oberkampf – 75011 PARIS – FRANCE, and registered with the register of commerce and companies of Paris under number SIRET 825 075 401 00018,
hereinafter called the “Company”.
The natural person or legal person proceeding to the purchase of products or services of the Company is hereinafter called the “Customer”.
The Company can be reached by email by clicking on the contact link located on the homepage of the website.
PREAMBLE
The Company is editor and distributor/reseller to consumers, of decorating and furnishing products, marketed under the GASSIEN brand, via its website (https://www.gassien.com). The list and the description of the products and services offered by the Company are available on the aforementioned website.
ARTICLE 1: OBJECT
The present General Sales Conditions define the rights and obligations of the Company and the Customer (the parties) within the framework of the sale of products and services proposed by the Company, whether by internet, mail, telephone…
ARTICLE 2: GENERAL PROVISIONS
The present General Sales Conditions (GSC) apply to all the sales of products and services done through the Company website which is entirely part of the contract that binds the Company and the Customer. The Company reserves the right to modify at any moment the present GSC by publishing a new version of its GSC on its website. The applicable GSC are those in force at the time of the payment (or of the first payment in case of multiple payments) of the order. Those General Sales Conditions are available on the website of the Company at the following address: https://www.gassien.com/en/terms-and-conditions/.
ARTICLE 3: PRICES
For European Union countries, The prices of the products sold online through the website are all indicated in Euros, all taxes included (VAT + other taxes), and precisely marked on the product description pages. They are also indicated in Euros, all taxes included (VAT + other taxes), on the product order page, and are excluding specific shipping costs.
The orders to non-European countries are not subject to French VAT. Custom duties or other local taxes or import duties or state taxes may be likely to be due in some cases. Those duties and taxes are not the responsibility of the Company. They are the responsibility of the Customer (declarations, payments to the relevant authorities, …). For this purpose, the Company invites the Customer to inquire about these aspects from the local corresponding authorities, and to check the import possibilities of these products in the country of delivery. The Company can contact the custom service.
The Company reserves the right to modify its prices at any time.
The telecommunication costs necessary to access the Company website are the responsibility of the Customer, and, when appropriate, the shipping cost as well.
ARTICLE 4: ENTERING INTO ONLINE CONTRACT
The Customer will have to follow successive steps specific to the products proposed by the Company in order to finalize his order. However, the steps described hereinafter are systematic:
– Information on the main characteristics of the products;
– Selection of the products, of their options when appropriate, and of their quantities;
Indication of the essential data of the Customer such as identification, complete and accurate delivery address (building, door-codes, floor, etc.…), telephone number, etc.…;
Indication of selected delivery and payment modes;
– Acceptance of the present General Sales Conditions;
– Verification of the elements of the order and, where appropriate, correction of the errors;
– Following of the instructions for payment, and payment via the secure interface of the Company;
– Delivery of products.
The Customer will then receive by email an acknowledgment of receipt of the order confirming the order, and a confirmation of payment of the order. The confirmation sent by the Company when the order is placed is the only guarantee that the product is available.
The heading “my account” on the website allows the Customer to check and follow up his orders. Because the information on delivery come from the carriers, the Company cannot be held responsible for errors or unavailability coming from tracking tools of the carriers.
The Company reserves its right to refuse an order which appears to be abnormal, or made in bad faith, or for any legitimate reason.
ARTICLE 5: PRODUCTS AND SERVICES
The parties agree that the illustrations and photos of the products offered for sale have no contractual value.
The main characteristics of products and services, and their respective prices are made available to the Customer on the Company website. The Customer certifies to have received a detail of the delivery cost, of the payment terms, of the delivery, and of the order processing.
The period of validity of the product offer and the product prices are specified on the Company website. Except special conditions, the rights granted hereunder are granted to the natural person signing the order (or the person holding the email address provided).
The Company commits itself to honor the Customer order only within the limit of the available stocks. Failing that, the Company informs the Customer.
ARTICLE 6: TRANSFER OF PROPERTY
The Company remains owner of the products until their complete payment.
ARTICLE 7: DELIVERY TERMS
The products are delivered at the address indicated when the order has been placed, and within the specified time. This delivery time is purely indicative and does not take into account the time of preparing the order. In case of delay in delivery, the Customer has the option to cancel the order in the conditions and terms defined by the Article L138-2 of the French Consumption Code. In such a case the Company proceeds to the refund of the product prices and of the dispatching costs in the terms specified in the Article L138-3 of the French Consumption Code.
The Company indicates an email address in the email sent to confirm the order in order to allow the Customer to follow up the order.
The Customer commits himself to provide a complete, accurate and correct delivery address (building, floor, door-codes, intercom, etc.…) when placing the order, and a telephone number where he can be reached easily by the carrier. The delivery will be done at the address indicated by the Customer. For the purpose of a good fulfillment of the order and in accordance with the Article 1316-1 of the French Civil Code, the Customer commits himself to provide truthful identification elements.
The Company cannot be held responsible for a delivery delay or error due to inaccuracies or failures from the Customer. If it occurs, all the return shipping costs will be borne by the Customer.
The Company cannot be held responsible for delivery delays due to external disruptions (strikes, etc.….).
The Company checks the online orders every day from Monday to Friday except holidays and needs from 1 to 3 working days to process an order.
The delivery times in metropolitan France (Corsica, Andorra, and Monaco included) are between 2 and 4 working days after shipment. The delivery is from Monday to Friday except holidays and is made by our carrier at home and upstairs against signature.
The Customer can set a date that suits him by connecting to the carrier website.
In case of absence during delivery, the carrier will try to contact the Customer, and if not possible, will go one more time to the Customer address. After 3 unsuccessful visits, the parcel will be returned to the Company warehouses, and the costs of the return will be borne by the Customer.
Out of metropolitan France, the delivery times and charges depend on the country of destination, of the weight, and of the volume of the parcel.
The orders for delivery to countries out of the European Union are not subject to French VAT. Custom duties or other local taxes or import duties or state taxes may be due in some cases. Those duties and taxes are not the responsibility of the Company. They have to be borne by the Customer and are his responsibility (declarations, payments to the relevant authorities, etc…). The Customer will have to inquire about all these aspects from the relevant local authorities and to check the import possibilities in the country of delivery. The Company advises the Customer to contact the customs service.
The Company reminds that when the Customer physically takes possession of the products, the risks of loss or damage of the products are transferred to him. The Customer must check the parcels upon receipt in presence of the carrier, and must notify on the carrier’s slip any anomaly found on the parcels to then make a claim to the Company. The Company advises also the Customer to inform it by email.
ARTICLE 8: AVAILABILITY AND PRESENTATION
Orders are processed within the limits of available stocks of the Company or within the limits of the stocks available from its suppliers. The Company performs regular updates of its stocks, but the availability of the products can vary in the same day. The confirmation sent by the Company when the order is placed is the only guarantee of the availability of the product.
The delivery times are indicative and can vary over time, especially when the products are not in stock. In such a case the Company will inform the Customer of those variations by email or in the order follow up.
In case the product is unavailable for more than 15 working days, the Customer will be immediately informed of the predictable delivery times and the Customer will have the option to cancel the corresponding order on simple request. He then will be able to ask for a credit of the price of the product, or for its reimbursement, or for an exchange with another available product.
In this specific case no cancellation penalty will be applied to the Customer, and the Company will not pay any cancellation indemnity (except the reimbursement of the order).
ARTICLE 9: PAYMENT
ARTICLE 9.1: CASH PAYMENT
The payment is due immediately upon order, even for pre-order products. The Customer can pay only by bank card. The cards issued from banks out of France must be international bank cards (Mastercard or Visa).
The secure online payment by bank card is processed by the payment provider of the Company. The data transmitted online are encrypted according to the rules of the art and cannot be read when transmitted on the internet. The safety and the confidentiality of the data are ensured thanks to the protected mode of payment SSL (Secure Socket Layer).
Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his bank details at the time of payment, the Customer authorizes the Company to debit his card of the amount corresponding to the indicated price. The Customer confirms that he is the legal owner of the bank card to be debited, and that he is legally entitled to use it. In case of error or impossibility to debit the card, the sale is immediately resolved by right and the order canceled.
ARTICLE 9.2 : FRACTIONNED PAYMENTS WITH ALMA
Only available for cards emitted in France, fractionned payment is available if you accept general conditions for Alma customers and Alma specific conditions for MTPL customers.
ARTICLE 10: RIGHT OF WITHDRAWAL
In accordance with the Article L121-20 of the French Consumption Code, “the Customer has a period of fourteen calendar days to exercise his right of withdrawal without having to justify his reasons or to pay penalties, except, when applicable, return charges”. “The period hereinabove mentioned runs from the receipt of the products for goods delivery or from the acceptance of the order for service delivery”. The right of withdrawal can be exercised by contacting the Company at its registered office address by Registered Letter with Acknowledgment of Receipt. In case the Customer exercises his right of withdrawal within the period hereinabove specified, only the price of the purchased products and the associated shipping costs will be reimbursed, the return charges being borne by the Customer.
The Company packages its products in suitable packaging for optimal protection. The products returned by the Customer must be new, non-used, and complete (packaging, accessories, notice, …), and must be repacked in their original undamaged packaging as cleanly and qualitatively that they were on delivery (so that they cannot ne damaged during their transport), and so that can be remarketed in new condition; if possible they must be accompanied by a copy of the proof of purchase. In all cases the Customer is responsible for the return.
No return will be accepted if the returned products have been visibly used or damaged by the Customer, or not properly packaged, in such a way that the products cannot be remarketed. If the return is not accepted, the products will be sent back to the Customer at his own expense. The Company reserves its right to refuse any refund when the returned products are damaged, or not complete, or when the package is damaged or not well done.
In accordance with the legal provisions, the standard withdrawal form to be sent to the Company can be obtained by contacting the Company. Once the returned products have been received, the Company will refund the Customer by bank transfer or by check sent to the address specified when placing the order.
ARTICLE 11: GUARANTEES
According to the law, the Company assumes two guarantees: the guarantee of conformity and the guarantee relative to the hidden defects of the products.
The Customer has a period of 2 years from delivery of the products to act with the Company.
The Customer must return the products to the Company as soon as possible and must choose between:
a refund
a replacement of the products (if available)
To keep the products against a partial reimbursement (which will be determined case by case by the Company)
The refund request must be made by Registered Letter with Acknowledgement or Receipt to be sent to the Company at its registered office.
ARTICLE 12: RESPONSIBILITY
The products comply with French legislation in force and comply with the standards applicable in France. The Customer must respect the legislation of the country where the products are to be delivered and must check with the local authorities on the possibility of importing and using the products he wants to order.
ARTICLE 13: CLAIM
Where appropriate, the Customer may submit any claim by contacting the Company at:
MTPL company
10, rue Oberkampf
75011 PARIS
FRANCE
ARTICLE 14: INTELLECTUAL PROPERTY RIGHTS
Trademarks, domain names, products, software, videos, texts, or more generally any information subject to intellectual property rights are and remain the exclusive property of the Company. No assignment of intellectual property rights is carried out through these GSC. Any total or partial reproduction, modification or use of these products for any reason whatsoever is strictly prohibited.
ARTICLE 15: FORCE MAJEURE
The performance of the Company’s obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its execution. The Company will notify the Customer of the occurrence of such an event as soon as possible.
ARTICLE 16: NULLITY AND MODIFICATION OF THE GSC
If one of the stipulations of the present GSC was canceled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is valid only after a written agreement signed by the parties.
ARTICLE 17: PROTECTION OF PERSONAL DATA
In accordance with the French “Data Processing, and Freedoms” law of January 6, 1978, the Customer has the right to query, access, modify, oppose, rectify and remove the personal data which relate to him. By adhering to these General Sales Conditions, the Customer agrees that the Company collects and uses this data for the realization of his orders.
By entering his email address on the Company’s website, the Customer will receive emails containing information and promotional offers concerning products published by the Company and its partners. The Customer can unsubscribe at any time, by simply clicking on the link at the end of our emails or by contacting the controller (the Company) by Registered Letter with Acknowledgment of Receipt.
On all its websites the Company tracks attendance. For this, the Company uses tools such as Google analytics.
By accepting the present GSC, the Customer allows the Company to install cookies on the hard disk of his computer, in order to identify all his connections and to facilitate the access to his account.
The Customer has the possibility to refuse the installation of these cookies by modifying the parameters of his computer.
In accordance with the provisions of the French “Data Processing, and Freedoms” law of January 6, 1978, amended by the law of August 6, 2004, the automated processing of nominative data by the Company has been the subject of a declaration to the French “Data Processing and Freedoms National Commission under the number 212 6950v0.
ARTICLE 18: APPLICABLE LAW
All the clauses appearing in these General Sales Conditions, as well as all the operations of purchase and sale which are referred to there, will be subject to French law.
These conditions are a translation from a free model available at: https://www.donneespersonnelles.fr/