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1. GENERAL
These terms of sale (“terms”) apply to all orders placed on the www.vraigarcon.com website marketing products sold and shipped by VRAI GARÇON SAS with a head office at 10 rue de La Paix, 75002 Paris, France, and Paris Trade Register number 911 451 870.
Unless otherwise specified by law, the terms applicable to the relationship between VRAI GARÇON and the client are those in force on the day the order is placed.
They apply to the exclusion of all other terms. The contract created by the acceptance of these terms is subject to French law.
2. PRICES AND PAYMENT METHODS
www.vraigarcon.com reserves the right to change its prices at any time. Products will be charged for according to the prices in force at the moment the client places their order.
Product prices are given in euros.
Prices for products to be shipped outside the European Union and France’s Overseas Departments and Territories will be calculated without tax on the invoice. In this situation, the client is considered to be the product importer. The client is therefore responsible for paying any customs duties, import tax or other fee applied because of the products’ destination. The client should check what this import process would involve before they place an order.
The price must be paid in full after an order is confirmed. Payment is made immediately when an order is placed by bank card or via the PayPal online payment platform.
The order payment is collected on the same day the order is placed.
3. DELIVERY
Stated delivery times are in working days.
If the client makes a purchase during a pre-order operation, payment will be registered to confirm the pre-order. Delivery will occur on the promised delivery date. If there is an exceptional delay, the client will be immediately informed by email.
Products are shipped to the delivery address provided by the client when they order. Unless otherwise indicated on the website, products can be delivered to France and to the rest of the world.
If a delivery is more than 7 working days late for a reason other than force majeure, the client can cancel their order by sending a letter via recorded delivery to www.vraigarcon.com customer service (at the head office address) within 60 working days after the delivery date initially scheduled.
The client’s payment for the order and delivery charges will be refunded. If a product is received after the date www.vraigarcon.com receives the cancellation, the client will be responsible for the cost of the return and the product will only be accepted if in perfect condition with the labels still attached and the original packaging used.
www.vraigarcon.com does not accept any liability for delivery delays if the delivery address provided by the client is incomplete or incorrect, if the parcel recipient is absent, or if the recipient does not collect the parcel from the post office within the allowed timeframe.
In this situation, the client is responsible for paying reshipping costs. Lost goods will not be subject to a refund.
If there are any concerns about a product’s condition (e.g. opened or damaged parcel), these should be reported to the courier on delivery.
Complaints about damage or partial losses should be made to the courier within 3 days (excluding bank holidays) of the products being received using an extrajudicial document or a letter sent via recorded delivery, without prejudice to the client taking action against the seller as per the conditions and limits set out by the law and these terms.
If delivery is taking longer than expected or products ordered have not been received, the client can contact customer service, who will open an investigation with the courier to locate the parcel. This investigation may take 1 to 3 weeks.
If the parcel is located, it will immediately be sent to the address on the order. If the parcel is declared lost by the courier, a new parcel will be packed and shipped (subject to stock availability and restocking timelines), or the client will be refunded. No refund or reshipping is permitted before the investigation is closed.
4. COOLING-OFF PERIOD
In accordance with Articles L.121-20 et seq. of the French Consumer Code, the client has 14 days after the order delivery date to return any new and unworn items inside the original packaging and in perfect condition (for resale). The client can request a refund without penalty, except for underwear orders, which cannot be returned.
The client should package the item in a suitable cardboard box to return it, making sure to insert a copy of the invoice or any other element that could identify the order.
5. CONFORMITY
The photos on www.vraigarcon.com are for information purposes only. The client should check the description of each product to find out about its specific features.
If the client is unsure or would like further information, they can contact our customer service team via the Contact Us page on our website.
www.vraigarcon.com for any products that are visibly defective, spoiled or damaged, or not in line with the order.
In these circumstances, the client should detail the situation in writing and return the product(s).
In any event, the client is protected by legal conformity and hidden-defect safeguards in accordance with current legislation.
A reminder of Articles L.211-4, L.211-5 and L.211-12 of the French Consumer Code, and Articles 1641 and 1648, paragraph 1, of the French Civil Code:
Article L.211-4 of the French Consumer Code: “The seller is responsible for delivering an item in line with the contract and dealing with conformity issues that exist on issue. They must also deal with conformity issues caused by packaging, or assembly or installation instructions where assembly or installation is their responsibility under the contract or has been undertaken on their behalf.”
Article L.211-5 of the French Consumer Code: “To conform to the contract, the item must:
1) Be suitable for the habitual expected use of a similar item and, if applicable: - match the description given by the seller and have the qualities that the latter has shared with the buyer in the form of a sample or model; - have the qualities that a buyer could legitimately expect in view of the public statements made by the seller, producer or their representative, including advertising or labelling;
2) Or have characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.”
Article L.211-12: “The right to take legal action due to a lack of conformity will lapse two years after the date the item is issued.”
Article 1641 of the French Civil Code: “The seller is responsible for any hidden defects in the item sold that make it unfit for its intended purpose or limit its use to such a degree that the buyer would not have acquired it, or would have paid less for it, if they had known about them.”
Article 1648 of the French Civil Code, paragraph 1: “Legal action based on a latent defect must be brought by the purchaser within two years of the defect being discovered.”
6. INTELLECTUAL PROPERTY AND COPYRIGHT
All images, texts, presentation methods, graphics and visual elements on the website are and remain the exclusive property of www.vraigarcon.com or rightsholders who have permitted www.vraigarcon.com to use them.
They may, however, be used for brand distribution and promotion.
Any reproduction of designs or representation of the brand without prior permission will give rise to legal proceedings.
7. DATA PROTECTION
Client information and data are strictly necessary for managing orders, for carrying out and monitoring commercial relationships, and for internal statistics.
This data is stored for the purposes of security, identification, and improving and personalising the services we offer clients. Client and company personal data can be deleted from the database upon written request.