terms of sales
The present General Conditions of Sale apply between :
The company SAS GAGO
Simplified joint stock company with a capital of 40 000 Euros
Whose head office is located 20 rue Fabrot - 13100 Aix en Provence - France
Registered in the Trade and Companies Register of Aix en Provence under the number 691 620 488
Intracommunity VAT number FR48 691 620 488
Phone : +33 (0)6 02 07 10 84
E-mail : email@example.com
Publisher of the site www.gago.fr (Webdesign and development Agence Boeki, Director of publication: Camille Dams Figuiere in her capacity as Director, Host: OVH, 2 rue Kellermann 59100 Roubaix - France).
In accordance with the provisions of Articles 1316 to 1316-4 of the Civil Code, supplemented by Decree No. 2001-272 of March 30, 2001, taken for the application of Article 1316-4 of the Civil Code and relating to the electronic signature, it is recalled that the validation of the order form, constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature and is proof of the completeness of the order and the due date of the sums owed in execution of the said order.
The present General Conditions of Sale apply, without restriction or reserve, to all sales concluded by GAGO with non-professional buyers who wish to acquire products offered for sale online on the site.
These General Sales Conditions are accessible at any time on the Site and will prevail, if necessary, over any other version or any other contradictory document.
These General Terms and Conditions of Sale may be subject to change, the conditions applicable are those in force at the date of placing the order.
It is specified that the User may save or print these General Terms and Conditions of Sale, provided they are not modified.
Article 1. Products
The products offered for sale by GAGO are those listed on the site on the day the User consults it.
The products are offered for sale within the limits of available stocks. All orders are subject to acceptance and availability, none of the items in your cart are reserved and all can be purchased by other customers.
If a product is unavailable after the order has been placed, due to a delivery problem by GAGO suppliers or a stock discrepancy, the Buyer will be informed by email upon receipt of the information from the supplier or GAGO's logistics department. The cancellation of the unavailable product and its reimbursement will be done by GAGO, the rest of the order remaining firm and definitive.
For each product on sale on the Site, GAGO commits to providing a description of the essential characteristics of the product, within the limits of the information provided by its suppliers. GAGO makes every effort to provide the user with as much information as possible to know the products before placing their orders.
If, despite all the care taken in the writing of these descriptions, errors or omissions appear, GAGO cannot be held responsible.
Product descriptions and photographs are only indicative and are not contractually binding. In particular, due to the effect of the Internet browser used as well as the user's screen resolution, the colors appearing on the photographs of the products displayed on the site may not be exactly faithful to the actual colors of the products.
If the user notices any errors or omissions in the product descriptions, he/she may contact Customer Service (firstname.lastname@example.org) to inform them. GAGO will then proceed as soon as possible to correct these errors or omissions.
Article 2. Prices
www.gago.fr does not practice tax-free sales.
The prices are indicated in Euros (€) including all taxes, they take into account possible reductions as well as the VAT applicable on the day of the order. All orders must be paid in Euros.
The prices indicated are guaranteed within the limits of available stocks, except for important modifications of the charges and in particular of the VAT, and except for typographical errors or omissions. The prices indicated do not take into account shipping costs which will be charged in addition and will be specified to the User during the final validation of his order.
GAGO reserves the right to modify its prices at any time but the products will be invoiced on the basis of the rates in effect at the time the order is registered, subject to the availability of said products.
In case of an order to a country other than metropolitan France, you are the importer of the product(s) concerned.
Article 3. Order
Registration is necessary and mandatory to place an order.
You have the possibility to create an account in order to save your billing and delivery information for a future order. You will be asked to create your own password for future use of this account. You agree, under your sole responsibility, to keep these identifiers confidential and never to communicate them to third parties. Consequently, any purchase made with these identifiers will be considered as made by yourself. In case of loss, theft, or any fraudulent use of your password, you agree to immediately inform GAGO and a new password may be assigned to you.
GAGO guarantees the confidentiality of the data transmitted after the password has been entered. The user is responsible for the use of his/her password. The user is responsible for the use of his/her password and is responsible for keeping it confidential.
When creating an account, the user can authorize GAGO to send him/her invitations to sales and newsletters by email.
3.1 Finalization of the order
Only payment by credit card is used, the user will have to fill in some information about the credit card used:
- The name of the credit card holder
- The credit card number
- The expiration date of the card
- Its cryptogram number (3 or 4 digit number on the credit card)
As soon as the buyer validates the payment by credit card, the order is recorded and becomes irrevocable. The user becomes a buyer. The order form will be recorded on GAGO's computer registers, which are themselves kept on a reliable and durable support, and will be considered as proof of the contractual relations between the parties.
A summary of your order will be sent to you by email. The acknowledgement of receipt will show the title of the products ordered, the quantity, the price and the amount of shipping costs.
All orders are subject to acceptance and availability, none of the items in your basket are reserved and all can be purchased by other customers.
Article 4. Secure payment
The payment will be made, except unavailability of the server, immediately on the Internet, by payment card issued in France or by payment card issued abroad by Visa
The order will be considered valid after confirmation of the bank payment agreement. In case of refusal by the bank, the order will be automatically cancelled.
In any case, GAGO reserves the right to refuse any order or any delivery in case of :
- An existing dispute with the buyer,
- Total or partial non-payment of a previous order by the buyer,
- Refusal to authorize payment by credit card by banking institutions,
- Non-payment or partial payment.
GAGO will not be held responsible in any case.
GAGO has set up a verification procedure in order to prevent any fraudulent use of bank details when placing an order on its site.
It is specified that by making an immediate payment by credit card, as described in article 4 below, the User will be automatically transferred to the electronic payment server of Lyra's secure payment platform 3DSECURE (hereafter referred to as "the bank"). The bank's server is secured in order to protect all data related to payment methods as effectively as possible. At no time do the User's banking data pass through GAGO's computer system. GAGO is therefore not responsible for this.
Article 5. Delivery
Your order will only be shipped after your payment method has been verified and your credit card has been authorized.
5.1 Time of shipment
The shipping time of an order is an indicative time from the day following the validation of the order by the buyer.
This time frame takes into account the estimated processing and reception time of the products that make up the order. In no case can it be used against the Buyer, but in case of unusual delay, an email will be sent to the Buyer.
The average delay for shipping is between 24 and 48 hours. To this delay must be added the transporter's delay for delivery to the delivery address.
Following the shipment of the order, the buyer will receive an email with the tracking number of his package. The products are shipped to the delivery address indicated by the buyer in his customer account.
GAGO declines all responsibility in the event of a delay in delivery due to the postal services or carriers in general, as well as in the event of loss of the products during transport.
- Colissimo: for deliveries in France (including DOM-TOM) by the French Post Office, with tracking number.
For the shipment of jewelry, beyond a certain value, GAGO uses the services of LA POSTE - "VALEUR DECLAREE" (declared value). The delays vary between 3 to 10 days.
You must check the conformity of the goods at the time of delivery and indicate, if possible on the delivery note, in the form of handwritten reserves accompanied by your signature, any anomalies noted (open package, damaged product,...)
Important : Any order placed on Friday from 16H, Saturday and Sunday, can be shipped the following Monday from 16H.
Products purchased on the gago.fr website can only be delivered in European Union. It is impossible to place an order outside this territory for security reasons.
5.4 Lost package
If within 8 working days after the order has been shipped, the buyer has still not received his parcel, neither a delivery notice nor precise information via the online tracking of his parcel, he must go to his nearest post office or parcel office if it is a Colissimo delivery if it is a delivery by this carrier, with the parcel tracking number.
If the carrier finds no trace of the package, the buyer must contact GAGO's Customer Service as soon as possible (email@example.com).
Any claim made after thirty (30) calendar days from the date of validation of your order will not be taken into account.
5.5 Customs duties
Any order placed on the site and shipped outside of France may be subject to taxes or customs duties. These costs related to the delivery are the responsibility of the buyer. GAGO is not required to inform the user of the taxes or customs duties applicable to the country of delivery. To know them, it is up to the user to get information from the competent authorities of his country.
5.6 Delivery costs
Delivery costs are calculated automatically when you finalize your purchase and appear in the total to be paid. The amount depends on the products of your order, the delivery zone and the chosen service. All packages are insured.
Article 6. Returns
Any buyer has a right of withdrawal of fourteen (14) clear days from the receipt of his order. At the end of this period, the right of withdrawal becomes irretrievably null and void.
Within this fourteen (14) day period, the buyer must contact GAGO's Customer Service to obtain a return authorization e-mail.
Products must be returned in their original packaging to the address provided by GAGO Customer Service. The products must be returned in new condition and suitable for resale:
- Not worn
- Not soiled, not washed
- Not ironed
- Folded in their original packaging
Damaged or incomplete items will not be accepted and will be returned to you as is, at your expense.
Unidentified returned packages may be returned to the sender.
All products have an identification label attached with a single use seal. Please do not remove the label and single-use seal from purchased products for returns.
Products must be accompanied by all accessories and the return number provided by GAGO. All costs and risks related to the return of the product are the responsibility of the buyer. If the product is lost by the carrier during shipment, the buyer will be solely responsible and will not be refunded by GAGO.
If, in spite of all the care taken by GAGO when preparing the orders, one of the delivered products should prove to be defective, the Buyer will have a period of seven (7) days from the day of delivery to return the defective product for exchange or reimbursement. In order for this request to be processed as quickly as possible, any defect must be notified to GAGO Customer Service who will then issue a return authorization.
6.1 Right of Withdrawal
Within the framework of this right of retraction, and for returned products that are incomplete, damaged, soiled or unfit for resale, GAGO will refuse to reimburse the returned products, or will apply a discount to the reimbursement amount.
Any package returned to the address provided by GAGO's Customer Service Department and not including any element allowing the identification of the buyer, in particular the return number, will not be refunded. No claim from the buyer will be accepted.
If the above conditions are met, GAGO will reimburse the Buyer, within thirty (30) days from the date of receipt of the package by GAGO, the sums paid by the Buyer, with the exception of the shipping costs and the costs of returning the products, which remain the responsibility of the Buyer.
The costs and risks related to the reshipment are at the buyer's charge. Therefore, it is the responsibility of the buyer to keep all proofs of the return. GAGO recommends that the buyer return the products by registered mail or Colissimo for France and by Fedex for all other countries (Europe and International).
If your order was sent outside the European Union, please mention that it is a return for non-conformity on the delivery note. The sales and customs taxes will be at your charge and will be deducted from your refund.
The buyer may request an exchange of all or part of the products in his order, within a maximum of seven (7) days. This exchange may consist of an exchange of size, subject to the availability of products at the date of the buyer's request.
For an exchange, the buyer must follow the same procedure as for a Return, the amount of the new shipping costs generated by the reshipment of the new product(s), remaining at his expense.
PRODUCTS IN PROMOTION OR SALE WILL NOT BE EXCHANGED OR REFUNDED.
PERFUMES AND BEAUTY PRODUCTS WILL NOT BE EXCHANGED OR REFUNDED.
Article 7. Customer Service
GAGO's Customer Service is available from 9am to 5pm (CET) Monday to Friday by email at the following address: firstname.lastname@example.org
20 - 24 rue Fabrot
13100 Aix en Provence
Article 8. Responsibility
GAGO's responsibility is strictly limited to the amount of the buyer's order.
GAGO cannot be held responsible for any inconvenience or damage inherent to the use of a computer, a computer network or the Internet.
In particular, GAGO cannot be held responsible for a break in service, an external intrusion or the presence of a computer virus.
For all the steps of access to the site, notably consultation, form filling, order placing, payment as well as any other service available on the site, GAGO has only an obligation of means.
GAGO cannot be held responsible for any material, immaterial or corporal damage caused by the malfunction or misuse of a product purchased on the site. It is the user's responsibility to check with the local authorities for specificities regarding taxes, declarations, prohibitions, possibilities of importing or using the products ordered. GAGO cannot be held responsible for the non-compliance with the legislation of the country where the products are delivered.
The products offered are in conformity with the French legislation in force. It is your responsibility to check with the local authorities in your country to see if you can import or use the products or services you are considering ordering.
Article 9. Intellectual property
All elements of the Site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents. They are the exclusive property of GAGO.
The trademarks of GAGO and its partners, as well as the logos appearing on the site are registered trademarks.
Any total or partial reproduction of these brands or logos made from the elements of the site without the express authorization of GAGO is therefore prohibited in the sense of article L.713-2 of the Intellectual Property Code.
All users or visitors to the site cannot set up a hyperlink to this site without the express prior authorization of GAGO.
GAGO cannot be held responsible for the access by the user via the hyperlinks set up within the framework of the site towards other resources present on the Internet network.
Article 10. Applicable law - Competent jurisdictions
The contractual relations are exclusively subject to French law. In case of dispute relating to the interpretation or execution of their agreements, the parties undertake to seek an amicable agreement before any litigation.
In the absence of amicable settlement of the dispute and if the buyer is a merchant, only the Commercial Court of Aix en Provence will be competent, in application of article 48 of the Code of Civil Procedure.
This clause applies even in case of summary proceedings, incidental demand or plurality of defendants or appeal in guarantee, and whatever the mode and the methods of payment, without the clauses attributing jurisdiction which can exist on the documents of the purchasers being able to put obstacle to the application of this clause.
If one of the clauses of the present general terms and conditions is declared null and void by a court decision, this nullity shall not entail the nullity of all the other clauses which shall continue to produce their effects.
Article 11. Mentions relating to the Data-processing law and Freedoms of January 6, 1978
The customers have the free faculty to provide personal information concerning them. The provision of personal information is not essential for navigation on the site.
On the other hand, registration on the present site implies the collection, by GAGO, of a certain amount of personal information concerning the customers. Customers who do not wish to provide the information necessary to use the services offered on this site and, if applicable, to create a personal space, will not be able to use the services offered by GAGO or place an order on this site.
When ordering on this site, the information collected for payment purposes, in particular the credit card number, and its use for commercial identification purposes is subject to the consent of the person concerned, through the various forms present on the site.
The data collected is necessary for the proper administration of the services offered on this site and for GAGO to respect its contractual obligations.
This data is kept by GAGO and will not be used for any other purpose, nor will it be transmitted to third parties, except with the express consent of the client or in cases provided for by the law.
The contact information of all customers registered on this site is saved for a period of one year, which is a reasonable period of time necessary for the proper administration of the site and for normal use of the data.
This data is kept in secure conditions, according to current technical means, in compliance with the provisions of the Data Protection Act of 6 January 1978.
In accordance with this law, customers have the right to oppose, question, access and rectify the data they have provided.
To do so, they must send a request to GAGO at the following e-mail address: email@example.com, or by mail to the address of GAGO's headquarters.
The personal data collected is subject to computer processing and is exclusively reserved for GAGO.
The personal data collected will not be transferred abroad.
In order to allow all clients to optimize their navigation on this site and to improve the functioning of the various interfaces and applications, GAGO may install a cookie on the client's computer.
This cookie allows us to store information related to navigation on the site (date, page, time), as well as any data entered by clients during their visit (searches, login, email, password).
These cookies will be kept on the client's computer for a period of up to 6 months and can be read and used by GAGO during a subsequent visit to the present site.
In addition, GAGO reserves the right to collect the public IP (Internet Protocol) address of all clients.
This IP address will be collected anonymously and will be kept for the same length of time as the cookies and will only be used for the proper administration of the services offered on this site.
The customer has the possibility of blocking, modifying the duration of conservation, or deleting this cookie via the interface of his browser (generally: tools or options / privacy or confidentiality).
In such a case, navigation on this site will not be optimized.
If the systematic deactivation of cookies on the client's browser prevents him/her from using certain services or functionalities provided by GAGO, this malfunctioning will in no way constitute a damage for the member who will not be able to claim any compensation for this fact.
Customers can also delete cookies from their computer by going to the appropriate menu in their browser (generally, tools or options / privacy or confidentiality).
Such action does not affect their navigation on this site, but customers lose all the benefits provided by the cookie.
In this case, they will have to re-enter all their information.