Terms of sales

 

 

Any online purchase made on the website www.germain-sur-mesure.com is subject to prior knowledge and acceptance of these general conditions of sale.

1. DEFINITION

 

  • Article: Products of any kind offered for sale (e-commerce service) on the Site.

  • Customer: non-commercial natural person carrying out the Order, and holding full legal capacity.

  • Order: commitment to purchase all the Items selected by the Customer via the Site's e-commerce service.

  • Site: website published by GERMAIN sur-mesure and accessible at the address www.germain-sur-mesure.com

 


2. PREAMBLE

 

These general conditions of sale (hereinafter "GTC") apply exclusively between any Customer and the company JALCO (hereinafter GERMAIN sur-mesure) whose head office is located at 71 Boulevard du Montparnasse, 75006, Paris, registered in the Paris Trade and Companies Register under number 847 672 433.

Any Internet user can read the T&Cs from all the pages of the Site.

The T&Cs are applicable without restriction or reservation to all the Items offered for sale on the Site.

Any Order on the Site is subject to prior consultation and unreserved acceptance by the Customer of these T&Cs and the applicable prices.

The validation of an Order following the order procedure proposed on the Site constitutes acceptance of these GCS.

These T&Cs prevail over any other document.

 

3. WARNING

 

The sale of Items on the Site is exclusively reserved for retail and private individuals.

Under no circumstances may the Site be used by professional seller Customers, alone or in groups, regardless of the method of marketing their products (marketplaces on the internet, shopping malls, intermediaries, physical stores in particular). The Customer therefore acknowledges and accepts that the Items can only be purchased in quantities corresponding to the average needs of a consumer, both in terms of the number of Items ordered in a single order and the number of individual Orders respecting the usual amount an average consumer spent for the same product. GERMAIN sur-mesure reserves the right to refuse an order clearly validated by a professional seller Customer.

Any Customer declares to be informed of the lack of reliability of the Internet network, especially in terms of relative security in the transmission of data, non-guaranteed continuity in access to the Site, non-guaranteed performance in terms of volume and speed of transmission data and the spread of viruses.

GERMAIN sur-mesure warns each Customer of the need to implement within their computer or portable or mobile equipment a solution and security measures likely to prevent the spread of viruses.

The GCS may be subject to modifications, the applicable conditions are those in force on the Site on the date of placing your order.

The management of a defective or non-compliant Item (replacement or refund) or the exercise of a right of withdrawal is done directly on the GERMAIN tailor-made website.

 

 

4. CHARACTERISTICS OF THE ARTICLES

 

The Items available for sale are those which appear on the Site. The offers are valid as long as they are visible on the Site.

They are offered within the limits of the availability displayed on the Site.

GERMAIN sur-mesure reserves the right to withdraw from sale, at any time, any Item present on the Site and/or to replace or modify any information associated with the Items appearing on this Site.

In the event of an unavailability of an Article, after placing his Order, the Customer is informed by email. The Customer will have the choice to cancel his order and be reimbursed in full or to have a credit note for the amount of his order placed.

The Items for sale on this site are only available for delivery in the following countries: Metropolitan France (including Corsica and Monaco), Belgium, Switzerland and Luxembourg.

The characteristics of the Items sold on the Site (photographs, graphics and descriptions of the Items, etc.) are given for information only and may vary over time. Only the visual of the Article displayed at the time of the Order must be taken into account by the Customer. The characteristics and visuals are non-contractual.

Only the visual of the Article displayed at the time of the Order must be taken into account by the Customer.

In the event of errors or omissions relating to the description of an Item, the liability of GERMAIN sur-mesure is limited to reimbursement of the reasonable costs of returning the Item incurred by the Customer.

 

 

5. ORDERING ITEMS

 

Any Order necessarily assumes the identification of the Customer on the GERMAIN tailor-made website and implies an obligation to pay.

The Customer declares to be at least 18 years old and to have the legal capacity, or if he is a minor, guarantees to be the holder of parental authorization to place his Order.

To place an Order, the Customer must follow the online purchase process and click on "PAY" to submit the Order.

The payment of the Order implies acceptance of these GCS, the price of the Items and the content of the Order.

After validation of the payment, GERMAIN sur-mesure sends the Customer an e-mail confirming his Order.

All Orders are subject to prior acceptance by GERMAIN sur-mesure and are not definitively confirmed until the Customer has received an e-mail confirming the dispatch of the Item(s).

If the Customer does not receive any email following their Order, it is their responsibility to contact GERMAIN sur-mesure customer service (contact@germain-sur-mesure.com).

GERMAIN sur-mesure cannot be held responsible in the event of an input error or transmission of an input error that does not allow the delivery of the confirmation email and/or the Items.

It is recommended that the Customer print the Order confirmation email.

For any question relating to the follow-up of an Order, the Customer must contact GERMAIN sur-mesure customer service by email at the following address: contact@germain-sur-mesure.com.

 

6. PRICE OF ARTICLES

 

The prices are indicated on the Site in euros, all taxes included (TTC), excluding participation in processing and shipping costs.

They take into account the VAT and any reductions applicable on the day of the Order.

Any new taxes or contributions, in particular environmental, are likely to be passed on to the sale price of the Items.

The prices of the Products are exclusive of delivery costs.

Deliveries in France and in the European Union do not incur customs charges.

Deliveries in Switzerland may be subject to local customs fees. They may be requested upon receipt of the package.

The amount of shipping costs is specified on the Site before validation of the Order.

GERMAIN sur-mesure reserves the right to modify the prices of the Articles at any time, the Articles being invoiced on the basis of the prices in force at the time of the validation of each Order.

The price of the Items invoiced is therefore that indicated at the time of the Order.

The Items remain the entire property of GERMAIN sur-mesure until full payment of the price, which the Customer acknowledges and accepts.

 

7. PAYMENT OF THE ORDER

 

The price invoiced to the Customer is the price indicated in the Order confirmation sent to the Customer by email.

The Order is payable immediately, by bank card (CB, Visa, MasterCard, American Express) or payment account (Paypal).

Transactions carried out on the Site are entrusted to a secure online payment platform SSL Secure Shopping.

They are secured by a solution that presents highly secure pages for entering payment data: card number, expiry date and visual cryptogram.

This platform encrypts then transmits this payment data to the bank, in complete confidentiality and makes it inaccessible to a third party.

 

8. DELIVERY CONDITIONS

 

The Items are delivered only in the countries indicated in article 4 of these GCS.

The Customer will receive an Order number by email confirming that it has been properly taken care of. The Customer will be informed of the various stages of his Order by email.

Shipments are announced by e-mail to the Customer, to the e-mail address provided by the latter.

Thanks to the shipping number, the Customer can follow the progress of his package on the website of the carrier chosen by the Customer.

The Customer is informed that it is his responsibility to provide exactly all the details necessary for the proper routing of his Order and for perfect delivery.

If the Customer is absent at the time of delivery, a delivery notice informs the Customer of the terms and conditions for the conservation of his package and its availability, under the full and exclusive responsibility of the carrier.

If the delivery address provided by the Customer is not valid and therefore results in a return of the package for non-receipt at the address indicated, the costs of reshipping the package to the new address provided will be borne by the Customer.

The Customer fully and exclusively assumes the risks relating to the Items from the time of their delivery.

Deliveries in France and in the European Union do not incur customs charges.

Deliveries in Switzerland may be subject to local customs fees. They may be requested upon receipt of the package.

  

 

9. DELIVERY TIMES

 

The Items are delivered to the delivery address indicated by the Customer when placing the Order no later than the date indicated when placing the Order, depending on the country of delivery.

GERMAIN sur-mesure makes every effort to deliver the Order within 15 working days of the Order and undertakes to ensure that delivery is made within a maximum period of 4 calendar weeks.

In the event of a delay in delivery of more than 10 working days in relation to the aforementioned maximum period, the Customer may contact GERMAIN sur-mesure by email to enjoin it to carry out the delivery within a reasonable additional period. In the event of non-compliance with this new deadline, the customer may ask GERMAIN sur-mesure by email to cancel their Order.

The contract and therefore the sale will be considered terminated upon receipt by GERMAIN sur-mesure of the email or letter by which the Customer informs it of its decision, unless delivery has taken place between dispatch and receipt of the Customer's email or letter.

In the event that the Order is definitively cancelled, the Customer will obtain a refund of the price paid for his Order within 2 weeks of the cancellation confirmed by email.

Each delivery is deemed to have been made as soon as the package is made available to the Customer, in particular by the carrier, materialized by the control system used by the carrier.

If the package is damaged or if the Item does not correspond to the Customer's Order, the Customer must initiate the return procedure described in Article 10 below within 15 calendar days after dispatch.

In the event of delivery by a carrier requiring an appointment to be made with the Customer, the carrier contacts the Customer as soon as possible to agree on a delivery appointment, 30 calendar days at the latest from the date of order validation.

GERMAIN sur-mesure cannot be held responsible for late delivery due exclusively to the unavailability of the Customer after several appointments have been proposed by the carrier.

If on the occasion of the same Order, the delivery dates of several Articles differ, the delivery date is based on the date furthest from the date of the order.  

 

10. RETURN

 

In the event of delivery of an Item that does not correspond to the Customer's Order, or of a defect linked to transport, the Customer may return the Item to GERMAIN sur-mesure by following the procedure provided below and accessible on the Site. .

This reimbursement procedure is exclusive of any exchange, and this, in order to save the Customer the time and terms of the exchange procedures likely to present a major inconvenience for the latter.

To qualify for the refund:

The Customer must imperatively contact the GERMAIN sur-mesure customer service by email ( contact@germain-sur-mesure.com ) no later than 15 calendar days following the dispatch of his Order. Any complaint made after this deadline cannot be accepted and GERMAIN sur-mesure will be released from all liability. 

The Customer will proceed with the return at his own expense, in the original packaging of the Items, to the following address:

JALCO

34 rue de Paris

78490 Montfort l'amaury

France

 

Any non-compliant return (without the label attached to the Item) will be rejected and GERMAIN sur-mesure will be released from all liability.

Once the verification of the returned Items has been carried out, GERMAIN sur-mesure undertakes to reimburse the Customer as soon as possible and at the latest within 30 calendar days following the date of receipt of the return package, on the bank account or the account of the Customer's payment used for the payment of the Items.

 

In the event of a size error or a wrong choice, the Customer is authorized to return any ready-to-wear item free of charge (i.e. in classic sizes XS, S, M, L) within 15 days following the shipment of the order. Items must be returned in perfect condition (not damaged, without stains, in their packaging, with the label attached to the item). On receipt of the returned package, the Customer will have a credit note for the amount of his order valid on the ENTIRE GERMAIN tailor-made site, this credit note will be valid for 1 year.

Made-to-measure items cannot be taken back or exchanged. But they all benefit from our tailor-made guarantee.

 

11. CUSTOMER SERVICE

 

For any information or questions, for order follow-up, the Customer must contact GERMAIN sur-mesure customer service by email at the following email address: contact@germain-sur-mesure.com .

 

12. WARRANTIES

 

The Articles are guaranteed against defects of conformity and redhibitory defects under the conditions provided for in articles 1641 to 1649 of the Civil Code and L 211-1 and following of the Consumer Code, and this from the date of delivery:

 

  • Article 1641 of the Civil Code: the seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have not acquired, or would have given only a lesser price, if he had known them.

  • Article 1648 paragraph 1 of the Civil Code: the action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.

  • Article L 211-4 of the Consumer Code: the seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.

  • Article L 211-5 of the Consumer Code: to comply with the contract, the goods must:

 

1/ Be specific to the use usually expected of a similar item and, where applicable:

- correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model;

- present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

2/ Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.

- Article L 211-12 of the Consumer Code: the action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

This guarantee allows the Customer to return the defective or non-compliant Items delivered for reimbursement under the aforementioned conditions.

 

13. AGREEMENT ON EVIDENCE

 

The Customer acknowledges and accepts that the Order recording systems provide proof of all transactions between GERMAIN sur-mesure and the Customer.

At any time, the Customer has the option of printing and keeping a copy of the GCS in paper and electronic form.

 

 

14. LIABILITY

 

GERMAIN sur-mesure reserves the right to modify the information contained in this Site at any time and without notice.

GERMAIN sur-mesure undertakes to describe the Items sold on the Site as accurately as possible and to ensure that the information disseminated therein is updated in the best possible conditions.

However, GERMAIN sur-mesure cannot guarantee the accuracy, precision or completeness of the information made available to Customers on the Site.

In the event of non-substantial differences between the presentation photos of the Items on the Site, texts and illustrations and the Items ordered, GERMAIN sur-mesure shall not be held liable.

GERMAIN sur-mesure cannot be held liable in the event of a breach of one of its contractual obligations resulting from a fortuitous event or a case of force majeure as defined by the case law rendered by the French courts.

In particular, GERMAIN sur-mesure shall not be held liable for any non-performance or delay in the execution of Orders, caused by events beyond its control (“Cases of Force Majeure”).

A Case of Force Majeure includes any act, event, non-performance, omission or accident beyond the control of GERMAIN sur-mesure and includes in particular (without limitation):

1. Strikes, shutdowns or other industrial actions.

2. Civil unrest, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not), or threat or preparation for war.

3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters.

4. Impossibility of using transport by rail, boat, plane, road or other means of private or public transport.

5. Inability to use public and private telecommunications networks.

6. Acts, decrees, legislation, regulations or restrictions of any government.

7. Strike, failure or accidents in maritime, postal or other transport.

The execution of the GCS will be suspended for as long as the Case of Force Majeure lasts and the execution and delivery deadlines will be extended accordingly. GERMAIN sur-mesure will endeavor as far as possible to put an end to the case of Force Majeure or to find a solution allowing it to perform its contractual obligations despite the case of Force Majeure.

GERMAIN sur-mesure is only liable for any direct and foreseeable damage at the time of use of the Site or the conclusion of the sales contract with the Customer, excluding any indirect damage.

 

15. LICENSE

 

GERMAIN sur-mesure grants a limited license to access and use the Site for personal and non-professional or commercial use of the Site in favor of the Client.

Under no circumstances is the Customer authorized to download or modify all or part of this Site without the express written authorization of GERMAIN sur-mesure.

This Site or any part of this Site must under no circumstances be reproduced, copied, sold or exploited for commercial or professional reasons without the express written authorization of GERMAIN sur-mesure.

The Customer must not use techniques allowing the copying of a brand, logo or any other information (in particular images, text, models) owned by GERMAIN sur-mesure without its express written consent.

GERMAIN sur-mesure authorizes the Customer, on a non-exclusive and revocable basis, to create a hypertext link pointing to the home page of the Site on the condition that this link cannot be created against the Articles, of GERMAIN sur-mesure or any of its registered trademarks, a misleading, false, pejorative, infringing character or which could be detrimental to GERMAIN sur-mesure.

Under no circumstances may the creation of this hypertext link engage the liability of GERMAIN sur-mesure, in any capacity whatsoever.

 

16. PROTECTION OF PERSONAL DATA

 

The personal data collected on the Site is intended for GERMAIN sur-mesure with the Customer's consent.

GERMAIN sur-mesure undertakes to protect the personal data of its Customers.

All personal data concerning the Customer collected by GERMAIN sur-mesure is treated with the strictest confidentiality, in accordance with the provisions:

France: Law 78-17 of January 6, 1978 relating to Data Processing, Files and Liberties, for the purposes of processing Orders.

The information and personal data of Customers are necessary for the management of Orders and relations with Customers, as well as to keep them informed of all offers and commercial information likely to interest them.

This information and the management of Orders are also kept for security purposes, in order to comply with legal and regulatory obligations and to enable GERMAIN sur-mesure to improve and personalize the services offered to Customers.

In accordance with the data-processing law and freedoms of January 6, 1978, the Customer has a right of access, rectification and opposition to the personal data concerning him.

To exercise this right, the Customer must send an email to GERMAIN sur-mesure's Customer Service at the following address: contact@germain-sur-mesure.com indicating his surname, first name, e-mail address and customer references ( orders placed).

Each request must be signed and accompanied by a photocopy of an identity document bearing the Customer's signature and specifying the reply address. This response will then be sent within 2 months of receipt of the request.

When entering personal data on the Site and prior to their collection, any Customer has the option of accepting to receive information relating to made-to-measure GERMAIN Articles.

In accordance with the legislation in force, such information will only be sent to the Customer if and only if he has expressly agreed to receive it.

 

17. COMMERCIAL OFFERS AND NEWSLETTERS

 

GERMAIN sur-mesure is likely to send its Customers commercial offers by email or via all the social networks run by GERMAIN sur-mesure, subject to prior acceptance.

The Customer has the option at any time to oppose his commercial prospecting mailings free of charge, by clicking on the “unsubscribe” link appearing in each email.

 

18. COOKIES

 

During the consultation of the site, information relating to the navigation of the Customers is likely to be recorded in "Cookies" files installed on their terminal (computer, tablet, Smartphone).

These cookies are issued by GERMAIN to measure in order to facilitate navigation on the site and make it possible to recognize the Customer's browser when they are connected to the Site.

These cookies are issued in order to:

- Establish attendance statistics (number of visits, page views, abandonment in the ordering process, . . )

- Adapt the presentation of the Site to the display preferences of the terminals,

- Memorize information entered in forms, manage and secure access to reserved and personal spaces such as the Customer account and to manage the Order basket.

- GERMAIN sur-mesure reserves the right to install cookies on the Customer's computer during visits to the Site.

A cookie is a small file that is sent to the Customer's computer and stored on its hard drive.

A cookie does not allow the Customer to be identified but is intended to indicate any previous visit by the Customer to the Site in order to help GERMAIN sur mesure to personalize its services.

The Customer can make settings so that cookies are deactivated and thus prevent cookies from being installed, without his express consent, on his computer.

Any configuration implemented by the Customer may modify Internet browsing and the conditions of access to certain services on the Site requiring the use of Cookies.

The Customer may express and modify his wishes in terms of cookies at any time, by the means described below.

The Site uses computer applications from third parties, which allow the Customer to share Site content with other people or to inform these other people of his opinion concerning Site content. (Social networks such as Facebook, Google+, Instagram, etc.).

When the Customer consults a page of the Site containing a "Share" or "Like" button, his browser establishes a direct connection with the servers of the social network concerned.

If he is connected to the social network during his navigation, the application buttons make it possible to link the pages consulted to his account.

If he interacts by means of the plug-ins, for example by clicking on the "Like" button or by leaving a comment, the corresponding information will be transmitted to the social network concerned and published on his account.

If the Customer does not want social networks to link the information collected through the Site to his account, he must disconnect from the social network concerned before visiting the Site.

GERMAIN sur-mesure is in no way responsible in any capacity whatsoever for the content or operation of any of the social networks, including those that may be linked to the Site.

 

19. INTELLECTUAL PROPERTY

 

GERMAIN sur-mesure is the exclusive owner of the intellectual property rights:

  • on the Articles offered on the Site,

  • on the brands associated with the Articles,

  • on the Site, and in particular on its tree structure, on the organization and title of its sections, on the visual and graphic identity, on its design, on its ergonomics, its functionalities, on the software, texts, animated or fixed images , sounds, know-how, drawings, graphics and any other element making up the Site,

  • on the databases, their structure and their content, designed and managed by GERMAIN tailor-made for the needs of publishing the Site,

  • on all the design elements of the Site, whether graphic or technical,

  • on the names, acronyms, logos, colors, graphics, or other signs that could be used, produced or implemented by GERMAIN sur mesure.

 

It is therefore prohibited to reproduce in any form whatsoever, directly or indirectly, the elements referred to in the preceding paragraph, as well as to alter the trademarks, patents, names, acronyms, logos, colors, graphics or other signs appearing on the elements made available within the Site, and more generally to use or exploit these elements other than within the framework of the execution of the present.

As such, the reproduction or use of all or part of these elements is only authorized for the exclusive purposes of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited.

Any other use, except with the prior written authorization of GERMAIN sur-mesure, constitutes an infringement and is sanctioned under intellectual property.

Any creation of hypertext links to the home page of the Site, or any other page of the Site, is subject to the prior written consent of GERMAIN sur-mesure.

 

20. MODIFICATION OF THE T&Cs

 

Given the possible evolutions of the Site and the regulations, GERMAIN sur-mesure reserves the right to modify the GCS at any time.

The new GCS will, where applicable, be brought to the attention of the Customer by online modification and will only apply to sales made after the modification.

 

21. APPLICABLE LAW

 

These T&Cs are subject to French law.

Any dispute will fall under the exclusive jurisdiction of the French courts of the Customer's place of residence, in the absence of an amicable agreement between the Customer and GERMAIN sur-mesure.

These T&Cs do not affect the Customer's legal rights as a consumer. For further information on their rights, they should contact their local authority or consumer advice body.