Terms and conditions
1.OBJECT
These Terms and Conditions (hereinafter the “T&C”) govern the sale of the items advertised on the Website by SAS Georges Morand, a simplified joint-stock company with a capital of 285,700 euros, registered in the Limoges Trade and Companies Register under number B-314 888 728 and with its registered office at 1-3 chemin du Goth - BP 18 - 87201 Saint-Junien Cedex - France (hereinafter “GM TECH”), to all non-trading individuals of legal age only (hereinafter the “Customer”). These T&C are governed by French law and are subject to change and update.
2.PRODUCTS
The products offered for sale online are those advertised on the Website. They are described by GM TECH as accurately as possible. GM TECH cannot, however, be held responsible for any errors or omissions herein. The photographs and texts used to illustrate the products are for information purposes only and are not binding.
Products are available for sale while stocks last. Only the products displayed on the Website on the day on which the Customer consults it are offered for sale. Where a product is not available, GM TECH undertakes to inform the Customer of this by e-mail as soon as possible and, where applicable, to indicate the estimated delivery time. The Customer can choose to confirm their order or to request a refund of the product on the basis of the invoice price.
3.PRICES
All prices are shown in euro and inclusive of all taxes, including VAT and excluding delivery charges, which vary by country and depend on the number of items ordered.
The relevant delivery charges will be indicated on the order summary page before the Customer places the order. The prices shown include the relevant VAT applicable on the date on which the order is placed. If the rate changes, it will be automatically reflected in the price of the items.
GM TECH reserves the right to change its prices at any time. However, all products will be invoiced on the basis of the relevant rates in force at the time of the order.
Where an incorrect price is shown, GM TECH shall not be bound by such price, irrespective of the reason (computer bug, manual error, technical error). Any orders placed at any incorrect or obviously derisory prices (very low prices) will be cancelled. GM TECH will inform the Customer of this as soon as possible and the item ordered will be cancelled.
4.ORDERS
Orders placed on the Website are subject to compliance with the relevant procedure put in place by GM TECH, which comprises a succession of different screens indicating the steps that the Customer must follow in order to validate their order. The Customer may make changes to their order right up until the point of payment.
By placing an order, the Customer confirms that they expressly and irrevocably accept the prices and descriptions of the products offered for sale. The Customer declares that they have read and accepted these T&C before placing their order. Placement of the order implies acceptance of these T&C.
GM TECH will send confirmation of the order by e-mail. This order confirmation e-mail will include a summary of all the products ordered by the Customer. The contract will be entered into only once GM TECH has confirmed the order.
GM TECH reserves the right to refuse any order placed by a customer with whom there is a dispute relating to the payment of a previous order or who presents any form of risk in its eyes. In accordance with Article L.122-1 of the French Consumer Code, GM TECH shall be entitled to refuse any order for legitimate reasons.
GM TECH undertakes to fulfil orders placed on the Website subject to the availability of stock. If one or more items are not available, GM TECH undertakes to inform the Customer of this by e-mail as soon as possible and to issue the Customer with a refund within 14 days of payment at the latest.
5.PAYMENT
All orders placed on the Website must be paid for online by debit or credit card or by PayPal. By placing their order, the Customer guarantees GM TECH that they have the necessary authorisation to use their chosen method of payment.
In the event of non-payment, GM TECH reserves the right to suspend the order and its delivery.
Final validation of the order will take place after validation of payment. An e-mail confirming the order and payment will be sent to the Customer, together with a summary of all the order details.
GM TECH retains full ownership of the products sold until payment in full of all sums owed by the Customer in connection with their order, including all fees and taxes.
6.DELIVERY, SHIPPING COSTS
All orders are shipped by UPS within 1 to 3 working days (excluding weekends) after validation of the order and order payment. A tracking number will be sent to the Customer as soon as the order has been dispatched
As GM TECH and its carriers are separate and independent entities, GM TECH cannot be held liable for any delay in delivery attributable to its carriers.
In the event of any delay in delivery or any damaged or missing items attributable to the carrier (e.g. damage to the parcel), it is the Customer’s responsibility to note this accordingly on the delivery note and to lodge a complaint with UPS within 2 days of receipt of the order.
Where there are any errors in the information provided by the Customer when placing their order (e.g. recipient’s contact details),GM TECH cannot under any circumstances be held liable for the non-delivery of the goods.
All shipping costs include packaging, handling and postage.
7.RETURNS AND REFUNDS
All returns of goods require the prior agreement of GM TECH. To return items, the Customer should send an e-mail to gmtech@gants.fr, stating their first name, surname, address, order number and the product numbers of the items to be returned. The Customer will be sent a return tracking number, which must be indicated on the package.
Any items that the Customer wishes to return must be returned in their original packaging and must not have been worn or used. The Customer should send their item(s) to the following address: SAS Georges Morand - 1-3 chemin du Goth - BP 18 - 87201 Saint-Junien Cedex - France
The Customer is responsible for return shipping costs.
Upon receipt of the returned items, a quality control will be performed on the goods received. No refund will be issued if items are found to have been used or damaged by the Customer. Refunds of the sums paid will be issued within a maximum of 15 days of receipt of the returned item(s), excluding any shipping costs for the return.
8.FORCE MAJEURE
Neither party may be held liable if fulfilment of the contract is delayed or prevented due to force majeure or an act of God, due to the actions of the other party or a third party or due to external causes such as social conflicts, intervention by civil or military authorities, natural disasters, fire, water damage or disruptions in the telecommunications network or power grid.
9.DURATION
These T&C shall be deemed to have been accepted by the Customer upon validation of their order and shall apply for as long as necessary until expiry of the guarantees for the products provided for herein
10.DISPUTES - MEDIATION
In the event of a dispute, the parties undertake to seek an amicable solution, prior to taking any legal action.
In the absence of a satisfactory response or amicable solution within 60 days, the Customer may resort to conventional mediation through the French Consumer Mediation Evaluation and Monitoring Commission (CECMC) or existing sectoral mediation authorities.
The mediator’s task is to attempt to bring the parties together in order to reach an amicable solution, while remaining independent and impartial at all times. The Customer, however, is free to accept or refuse the option of mediation and to bring the case before the competent courts.
If no agreement can be reached, only the Commercial Court of Paris has jurisdiction.
11.INTELLECTUAL PROPERTY
All written, visual and audio elements of the Website www.gmtech.com are protected by copyright. They are the exclusive property of GM TECH.
12.COUNTERFEITING
In accordance with the relevant laws in force, it is prohibited, under penalty of prosecution, to reproduce either in whole or in part any of the models or images seen, as this constitutes a counterfeiting offence.
13.LIABILITY
In the online sales process, the seller is bound only by an obligation of means. It cannot be held responsible for any damage resulting from the use of the Internet, such as loss of data, hacking, viruses, breakdown of service or any other problem resulting from the use of the Internet to access the Website.
14.RIGHTS CONCERNING PERSONAL DATA
The personal data collected by GM TECH is the personal data provided by the Customer when placing an order or subscribing to the newsletter. By providing this data, the Customer agrees to receive promotional offers from GM TECH by e-mail.
In order to protect your rights, GM TECH has technical measures in place to protect the personal data collected. Your data will not be passed on to any third parties.
Your bank details (card number, expiry date, cryptogram) are never in our possession, as all bank transactions are processed directly and securely by our payment partners.
All individuals have the right to access and rectify the personal data held on them by means of simply sending a request to this effect to GM TECH at the following address: SAS Georges Morand - 1-3 chemin du Goth - BP 18 - 87201 Saint-Junien Cedex - France