Seller: G-Star France Sarl
- Registered office: 18 rue d’Enghien, 75010 Paris
- registered with the RCS of Paris under number 401 710 702
- numéro de TVA : FR44401710702
- e-mail address: email@example.com
- telephone number: 0805-106138
- telephone contact hours: Mon-Fri 9:00-20:00 | Sat 10:00-14:00
- website: http://www.g-star.com
Buyer: a natural person who is of legal age and who is not acting within the context of practising a profession or conducting a business, with whom the Seller concludes an Agreement.
Order: an order placed by the Buyer in accordance with the procedure described in article 2.1 for the delivery of one or more products.
Product: a G-Star product that the Seller offers for sale on the Website.
Purchase Price: the price indicated on the Website for a Product, including the VAT and the shipping costs.
Agreement: The Order, which the Seller has accepted as such.
ARTICLE 1. APPLICABILITY OF THE GENERAL TERMS AND CONDITIONS
1.1 These General Terms and Conditions that have been made available online by the Seller on www.g-star.com govern all offers, orders, agreements and other legal relationships between the Buyer and the Seller with respect to the use of the Website, including the purchase and sale of a Product on or via the Website.
ARTICLE 2. CONCLUSION AND CONTENT OF THE AGREEMENT
2.1 An Agreement will be concluded by the Buyer and the Seller exclusively by means of the Seller’s acceptance of an Order (the offer) from the Buyer that has been placed on or via the Website in the following manner:
• The Buyer has selected the Product desired in the desired style, colour and size and has added the Product to the shopping cart;
• The Buyer has followed and completed the following steps:
Step 1: The Buyer has filled in his/her address details and, if the delivery address is not the same as the invoice address, the desired delivery address.
Step 2: The Buyer has checked the details and price of the Order and has been able to make any corrections to the Order.
Step 3: The Buyer has confirmed the Order and has expressly accepted these General Terms and Conditions
Step 4: The Buyer has selected the desired payment method and has made payment for the Order.
• The Order has been placed.
• The Buyer will receive a confirmation of the Order that has been placed in an electronic manner (via the Website).
If the Order has been accepted by the Seller, the Seller will send the Buyer a confirmation, by e-mail, as soon as possible after the Order has been placed.
2.2 The Seller will be entitled to reject the Order placed by the Buyer in the following cases, among others:
• If the total value of the Order is above the amount described in the payment section of the FAQ
• If the Buyer has already failed to comply with his/her payment obligations towards the Seller in the past.
• If the delivery address desired is not located in France.
The Seller will notify the Buyer as quickly as possible if an Order is not accepted.
2.3 The Seller will keep the Agreement on file and retain it for a certain term (having a minimum of ten years). If the Buyer has his/her own account he/she will be able to consult the Agreement by logging in to that account. The Buyer may also request a copy of the Agreement from the Seller – as long as the Seller has it on file – by contacting the Seller via the contact details that can be obtained by clicking on the ‘About G-Star Raw’ button on the Website.
ARTICLE 3. DELIVERY METHOD AND DELIVERY DATES
The Seller may not deliver the Products or may retain the Products if full payment for the corresponding Order has not been made before the delivery.
If delivery is delayed or if the Order cannot be executed or is only partially executed, the Buyer will be notified within the same time of 14 (fourteen) days following placement of the Order.
In the event of failure to deliver one or more Products within 7 (seven) days starting from the date foreseen by the Seller, where failure is not due to a situation of force majeure, the Buyer will have the opportunity to terminate his/her Order by registered letter with confirmation of receipt within 60 (sixty) days starting from the delivery date indicated.
The Seller will notify the Buyer within 14 (fourteen) days in the event of failure to deliver the Product(s) because they are unavailable. The Buyer will be able to claim back repayment of the Order from the Seller. The Seller will make this repayment within 14 (fourteen) days starting from payment of the Order by the Buyer.
The risk with respect to any damage to or loss of the Products will be transferred to the Buyer as from the time at which the Products are delivered to the Buyer's address.
ARTICLE 4. PRICE AND PAYMENT
The prices indicated on the Website are denominated in your local currency or in euros, are inclusive of Value Added Tax (VAT) and are exclusive of shipping costs. The return shipping costs will be borne by the Seller. The total Purchase Price due will be indicated when the Order is placed and when the Agreement is confirmed.
The Seller is entitled to adjust the prices indicated on the Website from time to time without any notice being required. The prices indicated at the time at which the Order is placed will be deemed to be the prices that form part of the Agreement.
ARTICLE 5. RIGHT OF WITHDRAWAL
The Buyer is entitled to return the Product that has been delivered, free of charge, within a term of 14 days after the Product has been received, without stating his/her reason for doing so, in the manner indicated by the Seller, provided that the Product has not been worn (trying on clothing is permitted), is undamaged and (insofar as possible) is in the original and undamaged packaging. The Buyer will not be permitted to exchange the Product for another Product. If the Buyer wishes to purchase another Product he/she will have to place a new order on the Website.
In the case referred to in the preceding subsection, the Seller will refund the Purchase Price as quickly as possible, but in any event within 14 days after G-Star received the returned product. If not all the Products that form part of the Agreement are returned, the Seller will be entitled to deduct the original shipping costs from the Purchase Price to be refunded because the same amount of shipping costs will be due for the Products that have not been returned to the Seller.
ARTICLE 6. COMPLAINTS
The contact details of the Seller and of the third parties that the Seller has engaged to handle complaints can be found by clicking on the ‘Contact’ button on the Website.
The Buyer is obliged to inspect the Product when it has been delivered and to notify the Seller within a reasonable term in the event that there are any visible defects or other complaints regarding the performance of the Agreement. Such complaints must be submitted in writing and must be fully and clearly substantiated.
The Seller will respond to any complaints that it receives within a term of 14 days after receipt. The Seller will notify the Buyer within a term of 14 days in the event that it is foreseeable that the complaint will require a longer term to be processed, stating the term within which the Buyer can expect to receive an answer.
The Buyer will fully cooperate in the event that the Seller recalls a Product. The Buyer will notify the Seller immediately in the event that the Buyer suspects that a Product has a safety defect and is subject to being recalled.
ARTICLE 7. INTELLECTUAL PROPERTY RIGHTS
Any and all marks, product names, logos, models and designs (referred to below as the ‘IP Rights’) that are depicted on or affixed to the Products or otherwise related to the Products are the property of the Seller or one or more of its group companies. The Buyer acknowledges the Seller’s proprietary rights in respect of the IP Rights and will refrain from use, reproduction, modification or adaptation of the IP Rights in any way, and the Buyer will refrain from any conduct that could harm or otherwise negatively affect the IP Rights.
ARTICLE 8. RETENTION OF TITLE
The Seller will retain the title in respect of any and all goods to be delivered until the Seller has received full payment of all sums due relating to the Order.
ARTICLE 9. GUARANTEE AND LIABILITY
The Seller is required by law to provide a Product that meets the contract with the Buyer.
9.2Subject to applicable provisions of law, the Seller is not liable for indirect or consequential damages that Buyer may incur in connection with the execution of the Contract. Seller shall not be liable for breach of contract in the event of force majeure as defined by the French courts, or in the event of non-performance or improper performance of the Contract attributable to the Purchaser or an unpredictable and insurmountable act of a third party to the Contract.
The Seller undertakes either to reimburse the Buyer for the price of the Products, or to exchange the Product(s) with identical Product(s) depending on available stocks, or to exchange the Product(s) with Product(s) of the equivalent quality and price depending on available stocks, in the event of delivery of non-compliant Product(s) or in the event of delivery of Product(s) with a hidden defect.
ARTICLE 10 RESPONSABILITY OF THE SELLER
ARTICLE 11. APPLICABLE LAW
The law of the country of your residence applies to this agreement.
Any dispute arising between the Buyer and the Seller will be submitted to the competent court as referred to in EC Regulation no. 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
ARTICLE 12. INVALID PROVISIONS
In the event that any provision contained in these General Terms and Conditions is invalid, the remaining provisions contained in these Terms and Conditions will nonetheless remain in effect.
ARTICLE 13. AMENDMENT TO THE GENERAL TERMS AND CONDITIONS
Version December 2013