GTI (Gestion Textile Internationale),
bat. 15-16, 61 rue du Landy, 93 300 Aubervilliers.
Capital de 160 000€,
Paris Trade and Companies Register Number : 329 151 849 R.C.S.,
TVA : FR21329151849
Tel : 33 (0)1 53 45 20 12,
Hosting : NBS System
140 Bd Haussmann 75008 Paris – France
Tel : +33 1 58 56 60 82
These General Terms of Sale (the “General Terms of Sale”) are agreed between the company GESTION TEXTILE INTERNATIONALE (the “Company”) and any natural person who is not a merchant (the “User”) wishing to make a purchase on the Website (hereinafter referred to together as the “Parties”).
The Parties agree that these General Terms of Sale exclusively govern their relationship.
All Users have access to the General Terms of Sale at any time on the website http://www.moondreamwebstore.fr edited by the Company (the “Website”).
These General Terms of Sale may be modified. The applicable terms are those in force on the Website on the date on which your order is placed. The User is informed of the said terms and accepts them when the order is placed.
The purpose of the General Terms is to define the terms of sale between the Company and the User, from the time an order is placed on the Website to the after-sales service, including payment and delivery.
The Products governed by these General Terms are those featured on the Website, presented as products sold and shipped by the Company (the “Products”). They are offered while stocks last.
The essential characteristics of the Products (in terms of quality and quantity) are described and presented on the Website as precisely as possible. However, these descriptions and any dimensions or photographs provided shall not be considered as contractual in nature.
We always do our best to ensure that Product photographs and descriptions shown on the Webstore are true to the original Products. Variations may occur however, in particular, owing to the technical limitation in the display of colours on different User computers. As such, the Company cannot be held liable for variations occuring without action on its part, or for variations which deemed unsubstantial.
The Product prices shown on the Webstore are indicated in the currency of the country of the Webstore selected by the customer.
Those prices are shown including VAT at the rate applicable in France, and include any discounts applicable on the day of the order. For Products shipped to Switzerland, no VAT will be applied and, for Products shipped to Germany, the German VAT rate applicable on the day of the order will be added to the sales price of the Products, instead of the French VAT rate.
The Product prices indicated do not include delivery costs (fees for order processing, packaging, shipping and possible returns) The delivery costs will be specified on the order form before validation of the order.
For customers residing outside of the European Union and in French overseas departments and territories, the prices shown on the Webstore do not include customs duties. The customer will be required to clear the Products through customs by paying the duties and taxes upon entry, and the customer remains responsible with regard to those duties and taxes for both declarations and payments to the competent authorities of the country concerned.
The price of Products may be modified at any time by the Company. A price may not, however, be modified after validation of the User’s order.
An invoice is drawn up for each order and sent to the User by e-mail.
4.1 Prior identification of the User
For a first order, the User will be required to follow a customer account creation procedure, as indicated on the Website.
To place an order, the User must identify him/herself with an e-mail address or a customer number and password.
If the User has lost or forgotten their password, they may request it again by navigating to the customer account page and selecting “forgotten password”. He/she will then receive a link to modify his/her password at the email address provided when the customer account was created.
The User can also contact the Customer Service Department at 33 (0)1 53 45 20 12 (local rates apply) to request to change the password to his/her customer account.
4.2 Placing the order
The User must be at least eighteen (18) years of age and have the required legal capacity to place and fulfil an order, or the User must have permission allowing them to place and fulfil an order and be able to provide evidence of such permission at any time, following a request from the Company.
The User places an order via the Website in compliance with the procedure as set forth and explained by the Website: Accessible 24 hours a day and 7 days a week at all times, except in the event of voluntary or involuntary interruption, in particular for the purpose of maintenance or owing to force majeure. The User must select a delivery address for the Products located in one of the countries mentioned in article 6.1 below, failing which the order may be refused.
Any order placed before 10:00 am (local time of the Company headquarters) on a business day, it being understood that the work week extends from Monday to Friday ("Business Day"), will be processed the same day. Any order placed after 10:00 am (local time of the Company headquarters) will be processed the following Business Day.
In compliance with article 1369-5 of the French Civil Code on entering into contracts in electronic form, the User may view the details of his order (product, reference, quantity, unit price), the total price and correct any errors. The onus is placed on the User to check an order is correct before confirmation and acceptance. A confirmed order represents an acceptance of all prices and descriptions of Products available for sale. Any challenges related thereto will be handled within the framework of a possible exchange and of the guarantees mentioned in article 8 below. The Company will acknowledge receipt of the order as soon as the order is placed by sending an e-mail to the User.
If a Product is unavailable when the order is placed, the Company will inform the User by email at the email address provided when the customer account was created.
Should a Product be unavailable when an order is placed, the Company will inform the User by e-mail.
In certain cases, in particular in failures to pay, an incorrect address or another problem related to the customer account of the User, the Company reserves the right to block the User’s order until the problem is solved.
For any questions concerning the monitoring of an order, the User should consult their customer account via the Website or by calling 33 (0)1 53 45 20 12.
5. PAYMENT TERMS
Payment is made in Euros, with two options open to the User:
- By bank card: French Carte Bleue, Visa, Mastercard
The bank account of the User is debited when the order is validated.
In occasions with this type of payment, the Company uses a distance payment system with SSL (Secure Socket Layer) data encryption. As such, credit card payments do not pass through the Company servers but directly through the Company's bank (Crédit du Nord) in a secure environment, guaranteeing that bank card details are known only to the Company's bank.
- By PAYPAL.
If the User opts to proceed with a PayPal payment, the User will be automatically directed to the User's PayPal account. Once the PayPal payment has been validated, the User will be invited to complete the order via the Website.
6.1 Geographical delivery zones
Products sold via the Website can be delivered to Metropolitan France, Switzerland and Monaco, as well as to all the countries of the European Union.
6.2 Delivery terms
Products will be delivered to the home address of the User as specified in the customer account, or to a delivery address, as specified by the User on the order form, in Metropolitan France or any other country of delivery specified in article 6.1.
No deliveries will be made to post-office (PO) box addresses.
Delivery costs are calculated based on the weight of the product and on the delivery location. The User will be informed of these costs prior to finalising the order.
6.3 Delivery timeframes
Rapid delivery of your package between 2 and 4 business days after processing of the order, as specified in article 4.2, to the countries in the geographical zone as described in article 6.1.
The Company may not be held responsible for the consequences of delivery delays. The maximum delivery period is 30 days. In the event of a shipping delay, the Company will inform the User of that delay by email, as described in article 4.2. In that case, the User may decide to cancel his/her order. If the order has not yet shipped at the time of receipt of the notice of cancellation from the User, the delivery will then be blocked and the User will be reimbursed for any amounts already paid within 14 days following receipt of the cancellation notice, in accordance with article L. 138-3 of the French Consumer Code. If the order has already shipped, the User will still have the option to cancel the order by rejecting the package.
7. RIGHT OF WITHDRAWAL AND EXCHANGE
7.1 Right of withdrawal (only for deliveries in Europe)
All Products delivered to Europe may receive a refund provided that they are returned to the Company intact, complete, and packed in the original packaging; that the iron-on tape has not been used, and that they are accompanied by the purchase invoice.
In compliance with article L.121-20 of the French Consumer Code, the User benefits from a right of withdrawal for fourteen (14) clear days from the date on which Products are received. The right of withdrawal also applies to products on sale, second-hand products or products sold from storage. During this time frame, the User may return Products to the Company without having to provide grounds for the return or paying penalties, to the following address: GTI - Moondream, 61 rue du Landy, 93 300 Aubervilliers – France. Before doing so, he must indicate his intention to return the Product by telephone at 33 (0)1 53 45 20 12 and return the Product by post within the said time frame. Return costs are the responsibility of the User and will not be refunded except in cases where the User receives a defective Product or if a mistake is made at the time the Product is sent.
In the event of a Product defect, please contact the Customer Service Department at 33 (0)1 53 45 20 12 or send an email to email@example.com.
The Company undertakes to refund the amounts owed to any User who exercises his right of withdrawal within the shortest possible time frame and at the latest within fourteen (14) days following the date on which the User exercised his right of withdrawal, in particular:
- If the User returns all of the Products in the order, the Company will reimburse the User (i) for the price of the Products returned, and for the costs of delivery (excluding additional costs connected with the type of delivery selected by the customer other than the least expensive type of standard delivery proposed by the Company) of those Products;
- If the User does not return all of the order and keeps one or more of the Products ordered, the Company will keep the costs of the "outgoing" delivery as well as the amount corresponding to the prices of the Products not returned.
All amounts will be refunded using the same means of payment as those at the time the original order was placed.
Meaning that if the Product order was paid by:
- Credit card, and if the credit card is still valid, the money will be refunded to the account attached to the credit card.
- Paypal, and if the Paypal account is still active, the money will be refunded to the Paypal account.
If any previous refunds have failed, the refund will be sent by cheque to the invoicing address.
All Products delivered in Europe can be exchanged provided they are intact, complete and packed in the original packaging; that the iron-on tape has not been used, and that they are accompanied by the purchase invoice.
The User has ten (10) days to request an exchange.
To do so, the User must immediately indicate their intention to request a Product exchange by telephone at 33 (0)1 53 45 20 12.
The User will not pay any delivery costs for the new exchange order.
The User may return a Product to the Company by means of the forwarder.
All return costs are the responsibility of the User (except in cases where the User receives a defective Product, or if a mistake is made at the time the Product was sent).
8.1 Guarantee against hidden defects
All Products sold on the Webstore are guaranteed against hidden defects (articles 1641 and following of the French Civil Code) which allow the User to return defective or nonconforming Products delivered, for replacement within the limit of available stocks.
Should it be impossible to replace the Product, the Company undertakes to refund the Price of the Product ordered within a period of thirty (30) days following the receipt of the Product returned by the User to the Company at the following address: GTI - Moondream, 61 rue du Landy, 93 300 Aubervilliers - France.
8.2 Legal guarantee of conformity
All Products sold on the Webstore benefit from the same legal guarantee of conformity. As a result, the User:
- is allowed a period of two years following delivery of the good to act;
- can choose between repair or replacement of the good, subject to the cost conditions set forth in article L. 211-9 of the French Consumer Code;
- is not required to provide proof of the existence of the conformity defect of the good for a period of six months following delivery of the good. That period was extended to twenty-four months as of 18 March 2016, except for second-hand goods.
The legal guarantee of conformity shall apply regardless of any commercial guarantee provided.
The User may decide to invoke the guarantee against hidden defects of the item sold pursuant to article 1641 of the French Civil Code. In that case, the User may choose between cancellation of the sale or reduction of the sales price, in accordance with article 1644 of the French Civil Code.
9. SIGNATURE AND EVIDENCE
In all cases, the provision of bank card number online and a final validation of the order shall constitute evidence affirming the legal validity of the entire order, in compliance with the provisions of the Act of 13 March 2000, and shall render all amounts corresponding to the prices of the Products appearing in the order form and to the delivery costs due.
The said validation represents a signature and explicit acceptance of all operations carried out via the Website.
In the event of fraudulent use of a bank card, the User is invited to contact customer service as soon as they discover such use, by dialling 33 (0)1 53 45 20 12, charged at the price of a local call.
The Company undertakes to exercise all due care according to the usual standards of the profession in performing the service offered to the User. Nevertheless, the Company shall incur no liability if failure to fulfil its obligations is due either to an unforeseeable and insurmountable act on the part of a third party, or to a case of force majeure as defined by French case law. Moreover, the Company shall incur no liability:
- for a failure to perform, or poor performance of, contractual obligations falling to the User, in particular instances where the User places an order via the Website,
- for any inconvenience or damage inherent to use of the Internet in particular: service interruption, outside interference or the presence of computer viruses,
- for any delay attributed to out-of-stock articles.
11. INTELLECTUAL PROPERTY
The Company holds the rights allowing it to sell all the Products on the Website.
All the features of the Website, whether visual or sound, including: underlying technology, brands, logos, graphics, photographs, designs and models, are protected by copyright, trademarks or patents. Disclosure of such elements shall under no circumstances be interpreted as granting any licence or right to use the said trademarks and distinctive features protected by copyright. Their use is therefore prohibited, on pain of legal proceedings.
This means that no content taken from the Website may be copied, reproduced, republished, downloaded, posted, transmitted or disseminated in any way whatsoever.
12. NOMINATIVE INFORMATION AND PROTECTION OF PERSONAL DATA
The Company undertakes to protect the personal data of each User, as collected when orders are placed. All personal data will be treated with utmost confidentiality.
The file in which this information is collected has been registered with the French National Commission for Data Privacy (CNIL) under number 1615774 v 0.
In compliance with the French data privacy Act, Users have the right of opposition, access and correction of data concerning them, collected by the Company. To exercise these rights, Users may use the online address firstname.lastname@example.org or the following postal address: GTI, bat. 15-16, 61 rue du Landy, 93 300 Aubervilliers - France.
13. APPLICABLE LAW AND JURISDICTION
The General Terms are governed by French law. In the event of a dispute, the court local to the defendant's domicile or, at the discretion of the plaintiff, the court of the effective delivery location of the Product, shall have jurisdiction.