General terms and conditions of sale
The official language of these Terms is French. If there is a conflict between versions of these Terms in any other language, the French language version controls.
This website www.editions-g.com (“Website”) is edited by EDITIONS G SAS with capital of €10,000, domiciled at 24 rue du Gazon 67200 Strasbourg (France), listed under the number 833 664 246 at the Registre du commerce et des Sociétés de STRASBOURG (STRASBOURG trade register) and whose intra-Community VAT number is FR40833664246.
1 – Introduction
These terms and conditions of sale (« General Terms ») apply to the purchase of products between EDITIONS G and any non-commercial physical person (« Buyer »). These General Terms comprise the entire agreement between the Customer and EDITIONS G. EDITIONS G reserves the right to change the General Terms at any moment. They will then be practical as soon as they are online.
2 – Agreement to these general terms and enforceability
These general terms express all obligations for both parties. The Customer fully agrees to all the dispositions expressed in these general terms of sale. In case of contradiction between other general or special terms and these terms, the latter will prevail. The Customer « click » on the order form is an electronic signature and equates to a handwritten signature for both parties. The fact that the electronic order can’t be made without mandatory reading, proved by a tick in a dedicated box, can be considered an agreement to these general terms.
3 – Products
These general terms apply to the products shown on the Website and marked as sold and shipped by EDITIONS G. They are subject to availability. The essential characteristics of the Products are as precisely described and shown as possible.
4 – Weapons
SELLING OF CATEGORY D WEAPONS TO MINORS PROHIBITED
When buying any sharp weapon, the Customer certifies that he is over the age of majority in his country of origin on the day of the purchase. When buying from abroad, the Customer certifies acting in conformity with the legislation of his country since EDITIONS G can’t in any way verify the legislation of every country. EDITIONS G can’t be held responsible in the case of a purchase for a third party. No more can EDITIONS G be held responsible for any reprehensible use of the Products by its user.
5 – Prices
Prices are listed in Euros and include all taxes. They include VAT and potential reductions applicable on the day of purchase. Prices do not include shipping fees (postage and packaging according to current prices). Shipping fees will be indicated before order validation. We reserve the right to change the prices of our Products (on the Website and the other sale media) should one or several taxes or contributions (particularly environmental) be created or modified, either with a raise or a decline. However, prices cannot be modified once an order is validated. Nevertheless, in case of mistake (obviously ridiculous price compared to the real value of the Product), a validated order can be cancelled by EDITIONS G. This measure will remain exceptional.
6 – Orders
Orders are completed in 3 steps:
- Display of order details and its total price
- Correction of potential mistakes
- Order confirmation
After the order confirmation, EDITIONS G will send an order confirmation email to the customer. The Customer will receive a bill at delivery. In some cases, in particularly in the absence of payment, incorrect address, or any other issue connected to your account, EDITIONS G reserves the right to block your order until the issue is solved. If an ordered Product is unavailable, you will be notified by email. This Product order will then be cancelled and potentially refunded, and the rest of the order will remain unchanged.
7 – Payment
You have several ways to pay for your order:
- with a credit card: debit card, e-debit card, virtual credit card, Visa, Mastercard, American Express. You will be charged before the Products are shipped. If the products are sold out or unavailable, their amount won’t be charged
- with your PAYPAL account. When choosing Paypal, once you complete the payment through Paypal, you can finish your order on the Website
8 – Shipping
8.1. Shipping to France
- “Colissimo domicile” La Poste, with signature, delivery under 48h after shipping (indicative delivery time in working days), ad valorem insurance covering loss or damage of the package
- “Express” delivery: Fedex Priority Overnight, signed for upon receipt (person at home, neighbor or caretaker, or new delivery) with guaranteed deadlines of 24h, ad valorem insurance covering loss or damage of the package
8.2. Shipping to Europe
- “Colissimo domicile” La Poste, with signature, delivery under 5 days after shipping (indicative delivery time in working days), no insurance possible, the shipment is under responsability of the buyer
- “Express” delivery Fedex Pack, signed for upon receipt (person at home, neighbor or caretaker, or new delivery), guaranteed deadlines of 2 to 4 days depending on location, ad valorem insurance covering loss or damage of the package
8.3. International shipping
- “Express” delivery Fedex Pack, signed for upon receipt (person at home, neighbor or caretaker, or new delivery), guaranteed deadlines of 2 to 8 days depending on location, ad valorem insurance covering loss or damage of the package
9 – Product Return
9.1. Right to Cancel
The online Buyer of a service has the right to cancel within 14 days, starting on the day he finalized the distance contract. The seller is also bound to take an item back if the delivery is not conform with the order or if it is defective. In order to exercise his right to cancel, the Buyer must fill and send the cancellation form (available on the www.editions-g.com Website) or declare without ambiguity his intention to send the Product back to EDITIONS G. EDITIONS G will send an email to acknowledge receipt of his withdrawal. The Buyer will then have to send the Product by mail to EDITIONS G within fourteen (14) days of requesting the return to the following address: 24 rue du Gazon 67200 Strasbourg (France). Return shipping charges are at your expense. EDITIONS G commits to refund the total purchase price upon receipt of the Product in its warehouse, provided that the Product has been returned undamaged and complete in its original package. If a damaged Product or package is returned, no refund will be available and the Buyer may get back his damaged Product or package at his expense a our warehouse. Some Products or services are not subject to a right to cancel and cannot be refunded, such as a good specially made for the Buyer, as will be the case if you personalize your product (adding your name or a distinctive feature on it for example).
9.2 – Non-conformity of the Product
If the delivered Product is not conform (wrong, defective, damaged or incomplete Product), the Buyer commits to express reservations within two (2) days upon delivery to EDITIONS G. If the non-conformity is also certified by EDITIONS G, the Product will be replaced or repaired, as provided by the legal warranty of conformity.
10 – Warranties
10.1. Legal Warranties
All Product offered on the Website are subject to the legal warranty of conformity (articles L217-1 and following of the Consumer Code) and the warranty against defects (articles 1641 and following of the Civil Code), allowing you to send back the defective or non-conform Products delivered to you.
Buyer is informed that EDITIONS G, domiciled at 24 rue du Gazon 67200 Strasbourg (France), is responsible by contract for the Products warranty within the framework of these two legal warranties.
Buyer has two years from the delivery of the Product to act as provided by the legal warranty of conformity.
In this case, he may choose between the repair or the replacement of the Product, subject to the cost conditions provided by article L217-9 of the Consumer Code. For contracts concluded as of March 18 2016, Buyer doesn’t need to provide proof for the existence of the Product non-conformity during the twenty-four (24) months starting on day of delivery of the Product. For contracts concluded earlier, defect is presumed during six (6) months.
Besides, Buyer can decide to apply the warranty against defects in the thing sold as is defined in article 1641 of the Civil Code. If it is the case, Buyer can choose between the cancelation of the sales or a discount on the retail price, according to article 1644 of the Civil Code.
- Article 217-4 of the Consumer Code: The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefore or had it carried out under his responsibility.
- Article 217-5 of the Consumer Code: To conform to the contract, the product must:
1° Be suitable for the purpose usually associated with such a product and, if applicable:
- correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
- have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling; 2° Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.
- Article 217-12 of the Consumer Code: Any action arising from a lack of conformity must be taken within two years after delivery of the item.
- Article 217-16 of the Consumer Code: When the buyer asks the seller to carry out repairs covered by his contractual guarantee, the period of any resultant shutdown of seven days or longer shall be added to the unexpired term of the guarantee. The said period shall run from the time when the buyer requests assistance or the time when the product in question is taken out of service pending repair, should this be subsequent to the request for assistance.
- Article 1641 of civil Code: The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.
- Article 1648 1st paragraph of civil Code: An action resulting from prohibitive defects must be brought by the buyer within two years from the discovery of the vice.
11 – Mediation
In accordance with the provisions of the Consumer Code regarding the amicable settlement of disputes, specifically in article L612-1, any consumer has the right to seek the free assistance of a consumer mediator in order to come to an amicable solution in the dispute between him and a professional. To this end, the professional guarantees the consumer the actual recourse to a consumer mediation. Editions G will answer favorably to any mediation intercession.
12 – Proofs
In all cases, supplying the credit card number online and validating the order will prove the entirety of the order, in accordance with article 1366 of the Civil Code, and should be taken to mean payment of the sums involved by the input of the Products featured on the order form. This validation means signature and express acceptance of all the operations done on the Website. The computerized registers, kept in reasonable security conditions in the computer systems of EDITIONS G, will be considered proofs of communications, orders and payments occurred. The Storage of orders forms and bills is made on a reliable and lasting material in order to be a reliable and durable copy, in accordance with article 1379 of the Civil Code.
13 – Responsibilities
EDITIONS G commits to describe as precisely as possible the Products sold on the Website. On the other hand, EDITIONS G can’t be held responsible if the failure to carry out its obligations is attributable to the unpredictable and insurmountable action of a third party or to a case of force majeure as defined in the French case law. Likewise, EDITIONS G can’t be held responsible in case of inconveniences or damages caused by the use of the Internet network, especially a service breakdown, an outside intrusion or the presence of computer virus.
14 – Personal information
During an order, the buyer’s personal information will be electronically processed. EDITIONS G commits to undertake the mandatory declarations to CNIL and to not relay the collected information to third parties. The buyer has the right to access, modify, rectify and delete data that concerns him (article 34 of the “Computer and Liberties” law).
15 – Applicable law and jurisdiction
The General Terms are subject to French law. The competent court in the évent of a dispute shall be that of the domicile of the defender, or the effective place of the Product’s delivery as the applicant chooses. The Website is in accordance to French law, and EDITIONS G will in no case guarantee that it is in accordance to the domestic applicable law in the case you access the Website from another country.