General Terms & Conditions of Sales

www.gaiora.com ( "the Site") is published by the RIVAGES company with capital of 2,000 euros, whose registered office is in St Michel sur Orge (91240) - 70 rue de la fontaine de l'Orme, registered with the RCS Evry under number 533 047 510, No. FR 575 330 475 10 intra-Community VAT.

 

 

I - APPLICATIONS OF TERMS

The general terms and conditions outlined below apply to all orders placed for products and services through the Site (the "Products") from Rivages by any person (the "Customer").

 

The Customer must read the Terms prior to any order (the "Order"), the GTC is available on the website.

 

Rivages reserves the right to adapt or modify at any time these Terms, the applicable version of the Terms at any sale are the one appearing online on the site www.gaiora.com at the time of the Order. Accordingly, the act of placing the entire order requires the prior membership and unreservedly to these Terms by the Customer by clicking on the button "I have read and agree to the Terms of Sales."

 

II - INFORMATION ON THE SITE AND ACCESSIBILITY OF THE SITE

www.gaiora.com is an ecommerce website which is owned and managed by Rivages.

 

The site is open to all users of the Internet in principle accessible 24 / 24h, 7 / 7d, except interruption, scheduled or not, by Rivages or its service providers for the purposes of maintenance or force majeure (as defined herein). Rivages can not be held responsible for any damage of whatever nature, resulting from the unavailability of the Site.

 

Rivages does not warrant that the Site is free of anomalies, errors or bugs, or that the Site will operate without failure or interruption. It may in this connection decide freely and at its sole discretion any period of unavailability of the website or its contents. Rivages can not be held liable for data transmission problems, connection or network downtime.

 

III - REGISTRATION ON SITE

To place an order, the Customer must first register on the website by creating an account grouping the Customer information (the "Account").

 

Customer's inscription on the site is validated by Rivages after checking the standard form completed by the Customer. The customer receives a registration confirmation email.

 

When creating his account, the Customer must ensure the accuracy and completeness of the data submitted. The Customer must always update their personal information. In case of error in the address of the recipient, Rivages can not be held responsible for failure to deliver Products.

 

By registering with the Site, the Client represents and warrants that it is important to Rivages and has the legal capacity to contract.

 

Rivages can remove the Client's account at any time for any reason in its sole discretion.

 

IV - PRODUCTS

The products offered for sale are those featured on the site the day of consultation of the Site by the Customer, within the limit of available stocks. This information is automatically updated in real time. However, an error in the update, regardless of origin, do not assume responsibility Rivages.

 

Rivages takes great care in the presentation and description of these products to best meet the information the Customer. It is possible that errors may appear on the website, which the Customer acknowledges and accepts.

 

Rivages guarantees neither the accuracy nor the security of information transmitted or obtained through the Site.

 

The customer may receive a product previously returned by another person. It is specified that Rivages accepts that the products returned are intact and unused, these two conditions are checked before being returned to stock the returned Products.

 

V - ORDERS

Order taking on the Site is subject to the procedure established by Rivages on the site comprising successive steps leading to the validation of the Order.

 

Customer may select as many products as he wishes to be added to the basket (the "Basket"). Cart summarizes the products chosen by the customer and the prices and related costs. The Customer may freely modify the cart before confirming his order. The validation of the order is confirmation of acceptance by the customer of GTC, purchased products, their prices and associated costs.

 

A confirmation email summarizing the order (product, price, availability, quantity ...) will be sent to the Client from Rivages. To this end, the customer formally accepts the use of email for confirmation by the Rivages of the content of his Order. Invoices are available in "My Account" page.

 

 

VI - ORDER PROCESSING REFUSAL

Rivages reserves the right to withdraw at any time any product displayed on the Site and to replace or modify any content or information contained on it. Despite the best efforts of Rivages to meet the expectations of its customers, it may be that it is brought to refuse to process an order after giving the client the confirmation email summarizing the Order.

 

Rivages can not be held liable to the Client or a third party due to the decision to withdraw a product of the Site, or due to the decision to replace or modify any content or information contained on this Site, or refusal to process an Order after sending the confirmation email summarizing the Order.

 

VII - PRICE AND PAYMENT

Product prices are indicated on the Site in euros, all taxes included, excluding postage.

The total price of the Order (all taxes and shipping included) is indicated in the Cart.

All prices are calculated inclusive of VAT (Value Added Tax) applicable in France, which can differ from a country to another.

Regarding sales outside the European Union, customs clearance, payment of various fees or taxes are the responsibility of the Customer.

Rivages reserves the right to change prices at any time but the products will be billed based on rates in effect at the time of registration of the order, subject to availability.

The products are payable at the effective control.

The settlement of purchases is made either via PayPal or via the secure platform our partner Société Générale. Customer acknowledges that the disclosure of his credit card number Rivages is authorization to debit his account competition price of the Products ordered. If necessary, an order cancellation notice for non-payment is sent to the Customer Rivages on the email address provided by the client when registering on the site.

 

The data recorded and stored by Rivages is proof of the Order and of all past sales. The data recorded by Paypal or Société Générale constitute proof of any financial transaction between the Client and Rivages.

 

VIII DELIVERY

Deliveries are made by the services of the Post Office, Monday to Saturday, depending on the option chosen by the Customer during validation of his order.

 

The delivery is the transfer to the Customer the physical possession of the products (the "Delivery").

 

When Rivages is responsible for the delivery of the Product, the risk of loss or deterioration of the product is transferred to you at the time of delivery.

 

Exceptionally, the risk is transferred to the Customer upon delivery of the product to the carrier when the charge of the operation by the Customer and not by Rivages.

 

Delivery is made to the delivery address specified by the Client, provided that it shall be the Customer's residence address of a natural person of their choice or a legal entity (delivery to its business ). The delivery can not be made to hotels or PO boxes.

 

If unable to make the delivery, Rivages strives to find a safe place to drop the product. Otherwise, the product is returned to the warehouse Rivages.

 

Rivages also leaves the delivery address a notice indicating the location of the product and how to proceed with a new delivery. Customer may contact Rivages to arrange delivery at a later date.

 

When Rivages is responsible for the delivery of the Product, the risk of loss or deterioration of the product is transferred to you at the time of delivery.

 

Rivages delivers orders within a maximum principle of twelve (12) business days for shipping in France and 20 (twenty) business days for international delivery, the period is counted from the day of validation of the Order.

 

So that these deadlines can be met, the Customer must ensure that you have provided complete and accurate information concerning the delivery address (such as including: street number, building, staircase, codes access, names and / or interphone numbers, etc.).

 

Rivages can not be held responsible for the delayed delivery of its not being made or justified by a force majeure (as defined below).

 

For exceeding the delivery period, the Customer may request cancellation of the sale and get a maximum of 14 (fourteen) days of such request the refund of amounts paid in connection with the Order. Notwithstanding the foregoing, Rivages can not be held responsible for harmful consequences consecutive to a shipping delay, only the refund of the Product Rivages practical to the exclusion of any other compensation.

All custom fees, taxes and any other additional costs associated with your purchase overseas are the responsibility of the customer. These are NOT included in the cost of the order or shipping charge. 

We suggest contacting your local customs office if you are unsure of the applicable taxes and customs fees that are relevant to you. Rivages is not responsible for any additional taxes and customs charges that are requested during the shipment of your order, and do not offer refunds for these costs.

Rivages does not provide refunds to customers for failure to pay duties and taxes associated with their order.

If you have any questions or concerns regarding import taxes and customs duties, please contact our Customer Care team prior to placing your order.

 

IX - REFUNDS AND RETURNS

Any non-professional consumer has a right of withdrawal. The use of the right of withdrawal must be reported in advance by mail to the following address: hello@gaiora.com. In this event, the Customer Rivages communicates an acknowledgment on a durable medium.

 

The right of withdrawal is without penalty. If use of this right by the Customer, the Product must be returned to Rivages within 14 (fourteen) days (beginning on the date of receipt of the Products). Beyond this period of 14 (fourteen) days, the sale is firm and final. The Product must be returned in its original packaging in its original condition, new, unworn, unwashed. 

 

The refund is possible unless Rivages could get the products initially delivered. Bar agreed by the Customer, Rivages could proceed with the reimbursement using the same means of payment as one that has been used for the transaction.

 

Note that the return of products is the Customer's responsibility.

 

The non-compliance by the Customer of these Terms, Rivages will not make the refund concerned Products. In all cases, the return shipping costs are the responsibility of Rivages if the product delivered to the Client is different from the product ordered or if it is delivered damaged.

 

X - GUARANTEE - LIMITATION OF LIABILITY

The Rivages responsibility with respect to any Product purchased on the Site is strictly limited to the latter's purchase price. Rivages will be responsible for any of the following losses, regardless of their origin:

 

• loss of income or sales

 

• operating loss

 

• loss of profits or contracts

 

• loss of anticipated savings

 

• Data loss

 

• loss of business or management time

 

• Image damage

 

• loss of opportunity

 

• moral damage.

 

The documents, descriptions and information relating to the Products on the Site are not covered by any warranty, express or implied, with the exception of guarantees provided by law.

 

Rivages is only required to deliver products complied with contractual provisions. Products are considered to comply with the contractual provisions if the following conditions are met: (i) they must comply with the description and possess the characteristics outlined on the Website; (Ii) they must be adapted to the purposes for which these products are usually designed; (Iii) they must meet the criteria of quality and strength that are generally accepted for the products of the same type and which can be reasonably expected.

 

Moreover, Rivages guarantees consumers the lack of conformity and hidden defects for products sold on the website under the following conditions:

 

Apparent defect

 

The presence of a visible defect on a product must give rise to claims by electronic mail (email hello@gaiora.com) within three working days of delivery. Any complaint must explain the vice concerned. Otherwise, no claim is admissible, and no return or exchange is possible. The Product must be returned in its original packaging, in its original condition, new, unworn, unwashed, with the references of the initial order and copy of the complaint to the headquarters Rivages, after sending an e-mail stating the obvious defect of the product described above. Cases of apparent defect confirmed by Rivages, result (depending on the content of the Customer complaint) either the establishment of a credit to the Customer, or the replacement of the Product, or the total refund to the Customer within 14 days. In case of non-compliance with the return procedure, any exchange or refund or credit is possible.

 

Non-compliance - Latent defects

 

Subject to validation of non-compliance or latent defect by Rivages or the manufacturer as appropriate, the customer enjoys the following guarantees:

 

- The legal guarantee of conformity that allows it to obtain, within two years of the issuance of the Product without charge, repair or replace it if it does not comply with the Order. This warranty covers defects of conformity of product and packaging. Rivages may replace the non-conforming product. If replacement is not possible within a month after the claim or if the Customer issues the reasoned request, the Customer may request a refund of the product price.

 

- The legal guarantee against hidden defects, under which the customer may, within a period of two years from the discovery of the defect, refund a product that has proven unsuitable for its use.

 

The implied warranty allows the customer to be protected against hidden defects of the product purchased and which prevent the use or to affect the point that the customer would not have bought.

 

The customer then has the choice between two options: keep the product and ask for a price reduction, or make the product and request a refund of the price paid.

 

To implement these guarantees, the Product must be returned in its original packaging, in its original condition, new, unworn, unwashed, with the references of the initial order and copy of the complaint to the Rivages headquarters, after sending an email indicating the product of reason for return.

 

For all purposes, it is recalled the following legal provisions:

 

Art. L. 211-4 of the Consumer Code: "The seller must deliver goods in conformity with the contract and liable for defects of conformity existing upon delivery. It also addresses the lack of conformity resulting from the packaging, instructions for assembly or installation when it was put to him by the contract or was carried out under his responsibility. "

 

Art. L. 211-5 of the Consumer Code: "To comply with the contract, the good must: 1 ° Be suitable for the purpose usually associated with such a product and, if applicable: a) correspond to the description given by the seller and possess the qualities that he has presented to the Customer as a sample or model; b) The features that a customer can reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling. 2. Or have the features defined by mutual agreement by the parties or be suitable for any special requirement of the customer, made known to the seller and which the latter agreed. "

 

Art. L. 211-7 of the Consumer Code: "The lack of conformity which becomes apparent within six months from delivery of the goods are presumed to exist at the time of delivery, unless proved otherwise. The seller can rebut this presumption if it is not compatible with the nature of the good or the defect invoked compliance. "

 

Art. L. 211-7 of the Consumer Code: "If the repair and replacement, are impossible, the buyer can make good and get refund the price or keep the property and to the return of part of the price. The same option is open to him:

 

1. If the requested solution, proposed or agreed pursuant to Article L. 211-9 can be implemented within a month after the claim of the buyer;

 

2. Or if this solution can not be without great inconvenience to it given the nature of the property and use that research. The resolution of the sale can not however be imposed if the defect is minor. "

 

Art. L. 211-12. of the Consumer Code: "Action resulting from lack of conformity lapses two years after delivery of the goods. "

 

Art. 1641 of the Civil Code: "The seller must guarantee in respect of hidden defects of the thing sold which render it unfit for the use for which it was intended, or that decrease this use that the customer would not have acquired, or would have paid a lower price if he had known. "

 

Art. 1648 paragraph 1 of the Civil Code: "The action resulting from latent defects must be brought by the purchaser within two years after discovery of the defect. "

 

Force Majeure

 

On the occurrence of a force majeure event preventing the execution of these Terms, Rivages informs the Customer within fifteen (15) days from the occurrence of the event, by email or by registered letter with acknowledgment reception. Explicitly, are considered as force majeure or unforeseeable circumstances beyond those usually retained by the course of jurisprudence and French courts, total or partial strikes, lockouts, riots, boycotts or other actions in industrial or disputes commercial, civil disturbance, insurrection, war, bad weather, epidemics, blockage of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal changes or regulatory forms of marketing, computer failure, telecommunications blocking, including wired and wireless telecommunications networks, and other independent if the will of the parties preventing normal execution of the contractual relationship. All obligations 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 relevant transaction may be terminated at the request of the Customer Rivages or without compensation to either side. Failure to pay by the Customer can not be justified by force majeure.

 

XI - PARTIAL DISABILITY

If one or more provisions of these Terms are held to be invalid or declared as such under any law, regulation or following a final decision of a competent court, other provisions shall remain in full force and scope.

 

XII - NON-WAIVER

No tolerance, inaction or inertia from Rivages could not be construed as waiver of its rights under the General Terms & Conditions of Sales.

 

XIII - APPLICABLE LAW - JURISDICTION

Sale of products is subject to French law. In case of dispute, the Customer and Rivages may use a conventional mediation. Any dispute concerning the interpretation of the GCS, implementation or breaking of a sale, is subject, in default of agreement, to the legally competent courts.