General conditions of sale
GENERAL CONDITIONS OF SALE
Article 1. Purpose
Article 2. Products - Prices
Article 3. Ordering procedure
Article 4. Payment
Article 5. Delivery
Article 6. Right of withdrawal and returns
Article 7. Exchanges
Article 8. Legal guarantees
Article 9. Customer Service
Article 10. Protection of personal data
Article 11. Liability
Article 12. Intellectual Property
Article 13. External links
Article 14. Miscellaneous provisions
Article 15. Processing of complaints – Mediation
Article 16. Applicable law – Competent jurisdictions
Preamble
These general terms and conditions of sale (the “ General Terms and Conditions of Sale ”) are those of the company SARL MALESHERBES 26, SARL with a capital of 20,000 euros, operating under the name “ANTHONY GARCON” whose registered office is located at 37 Boulevard Malesherbes 75008 PARIS – France, registered with the Paris Trade and Companies Register under number 492 919 741, intra-community VAT number TVAFR 55492919741, tel: +33 1 42 56 43 40, email: info@anthonygarcon.co m (“ Anthony Garçon ”).
The General Terms and Conditions of Sale apply to all online sales by Anthony Garçon of products (luxury clothing and accessories) (the " Products ") offered for sale on the website https://anthonygarcon.com (the " Site "), intended for any natural person wishing to make a purchase via the Site ( the "User "). Anthony Garçon sells the products on its Site only at retail and to end consumers, excluding any resale for professional purposes.
For the application of these General Conditions of Sale, it is agreed that Anthony Garçon and the User will be collectively referred to as the " Parties " and individually referred to as " Party " and that the User having validated an order will then be referred to as " Buyer ". The rights and obligations of the User will automatically apply to the Buyer.
The User who wishes to purchase Products offered for sale online on the Site, declares that they are of legal age and have full legal capacity or benefit from the authorization of a person holding parental authority, a guardian or a curator.
Any order for a Product offered for sale on the Site requires consultation and express prior acceptance of these General Conditions of Sale by ticking the box.
These General Conditions of Sale are accessible at any time on the Site and will prevail, where applicable, over any other document.
Unless proven otherwise, the data recorded on the Site by Anthony Garçon constitutes proof of all transactions between the Parties for all sales made on the Site.
Access to the Site is possible under normal Internet connection conditions. No additional connection costs will be charged to the User.
Anthony Garçon reserves the right to update these General Terms and Conditions of Sale at any time. However, the conditions applicable to the Buyer are those in effect on the day the order is placed.
The User may save or print these General Conditions of Sale, provided that they are not modified.
Article 1. Purpose
The purpose of these General Terms and Conditions of Sale is to define their respective rights and obligations arising from the online sale of the Products offered on the Site. These conditions govern all the steps necessary for placing the order and ensure the monitoring of this order between the Contracting Parties.
Article 2. Products - Prices
2.1. Products
The Products offered for sale by Anthony Garçon are those appearing on the Site, on the day of consultation by the User.
The Products are offered for sale within the limits of available stocks.
In the event that a Product is unavailable after the order has been placed, the Buyer will be immediately informed by email. The cancellation of the unavailable Product and its refund will then be carried out by Anthony Garçon, the remainder of the order remaining firm and final.
2.2. Product Information
In accordance with Article L. 111-1 of the Consumer Code, the User has the possibility, prior to placing an order, to find out on the Site the essential characteristics of the Product(s) he/she wishes to order.
Anthony Garçon undertakes to provide a descriptive sheet for each Product for sale on the Site to present its essential characteristics. The User is invited to refer to the descriptions of each Product to know the precise characteristics and, in case of doubt or for any additional information, to contact Customer Service whose contact details appear in Article 9 below.
Anthony Garçon takes the greatest care in the presentation of the Products on the Site, in particular to represent the colors of the products faithfully. However, depending on the Internet browser used and the resolution of the User's screen, the colors appearing in the photographs of the Products displayed on the Site may not be exactly faithful to the actual colors of the Products.
If the User notices any errors or omissions in the Product descriptions, they may contact Customer Service (info@anthonygarcon.com) to inform them. Anthony Garçon then undertakes to correct these errors or omissions as quickly as possible.
2.3. Price
The Products are invoiced to the Buyer at the prices and in the currency as they appear on the Site when the order is validated.
The prices indicated do not include shipping costs which will be charged in addition if applicable and will be specified to the User upon final validation of their order.
Anthony Garçon reserves the right to modify its prices at any time on the Site but the Products will be invoiced on the basis of the prices in effect at the time of validation of the order, subject nevertheless to the availability of said Products.
Article 3. Ordering procedure
3.1. Navigation within the Site
The User can learn about the different Products offered for sale by Anthony Garçon on his Site.
The User can freely browse the different pages of the Site, without being committed to an order.
3.2. Registration and password
The user can place an order either by creating a customer account or by directly registering their personal information when placing the order.
If the user wishes to register for our customer account, this is done in two stages:
- First, the User opens an account by entering their email address and password in the "Open an account" section (top left of the Site's homepage). Anthony Garçon then sends the User an email to inform them of the successful creation of their account and to invite them to click on the link to confirm and activate their account.
- Secondly, once their account has been activated, the User can access it by entering their email address and password in the "Login" section (top left of the Site's homepage). They then access the form in the "My Account" section, which they must then fill out accurately, including the information necessary for their identification, in particular their first and last name, telephone number and postal address.
Anthony Garçon guarantees the confidentiality of data transmitted after entering said password. The User is responsible for the use of his password. He ensures its safekeeping and confidentiality. In the event of loss of said password, the User must contact Anthony Garçon as soon as possible so that a new password can be assigned to him.
If the User forgets their password, they can obtain a new one by clicking on the "Forgotten your password?" link displayed in the "Log in" section. A form for creating a new password will be sent to them by email.
When creating their account, the User may authorize Anthony Garçon to send them their sales invitations and Newsletters by email.
Regarding the collection of the telephone number, Anthony Garçon informs the User that he has the right to register free of charge on the telephone canvassing opposition list if he does not wish to be contacted by commercial prospecting companies, by visiting the website www.bloctel.gouv.fr or by sending his request by post to the following address: Société Opposetel, Service Bloctel, 6 rue Nicolas Siret – 10000 Troyes.
3.3. Selection of products and registration of the order
The User places their order via an Internet connection allowing them to browse the Site. To be accepted, their order must include all the information useful and necessary for its processing.
If the User wishes to place an order, he will select the different Products that interest him and express his interest by clicking on the “Add to cart” box.
At any time, the User may:
- Obtain a summary of the Products he has selected by clicking on “My basket”
- Continue your selection of Products by clicking on “Continue shopping”
- Complete your selection of Products and order the Products by clicking on “Payment”.
To order the Products selected in their basket, the User must identify themselves, either by entering their email address and password if they have already created their account with Anthony Garçon or, otherwise, by completing the form in the “Open an account” section (top left of the Site’s home page).
The User is informed and accepts that entering these two identifiers to access his customer account (email address and password) constitutes proof of his identity and confirms his consent.
Once the User has been identified, he/she will have to validate the delivery address and then an order summary will appear on the screen, specifying: the nature, quantity and price of the Product(s) selected by the User, the user's contact details and delivery address, the delivery time as well as the amount of shipping costs (if applicable) and the total of the order.
3.4. Final validation of the order
After having read the details of their future order, and once all the requested information has been completed by the User, the latter can click on “Validate payment” in order to definitively validate their order.
In the case of payment by bank card, the User must then provide certain information relating to the bank card used:
- The name of the bank card holder
- The bank card number
- The expiration date of this one
- Its cryptogram number (3-digit number on the back of the bank card)
At the end of the ordering process, the User declares to have read and unconditionally accepted the "General Conditions of Sale" by checking the box provided for this purpose and definitively validates his order by clicking on the "Validate payment" button. Any validation of an order entails the unreserved acceptance by the User of the General Conditions of Sale.
The User can save their banking information so that they no longer have to enter it for each order.
As soon as the User validates their payment by credit card, the order is validated and becomes irrevocable. The User becomes the Buyer. The order will be recorded in Anthony Garçon's computer records, which are themselves stored on a reliable and durable medium, and will be considered as proof of the contractual relations between the Parties.
3.5. Confirmation of the order
Once the Buyer has validated his payment by credit card (with the provision of his card number, the expiry date and the cryptogram on the back of his card), by Paypal, American Express, Applepay or Amazon Pay, an order confirmation email including a summary of his order will be sent electronically to the email address provided by him at the time of ordering. This confirmation will include all the elements constituting the contract between the Parties, as well as communication of the delivery time of the Products ordered. The sale is then final.
Anthony Garçon recommends that the Buyer keep or print their order confirmation email. However, documents stored in Anthony Garçon's computer systems will be considered legal evidence. A summary of the order will also be available in the Buyer's customer account.
Article 4. Payment
4.1. Amount of the order
The amount due by the Buyer is indicated before validation of the order by the User.
4.2. Payment methods
Payment will be made, unless the server is unavailable, immediately online, by payment card issued in France or by payment card issued abroad by Carte Bleue Visa, Mastercard, or American Express. Payment can also be made with PayPal, Apple Pay, or Amazon Pay.
Payment in installments with Alma
Payment by installments/deferred payments is available through our partner Alma. Payment security is ensured by Alma and its service providers. All payments are protected by 3D Secure.
Amount of purchases
- P3X: Only purchases between €300 and €2,000 are eligible for payment with Alma.
Costs
By paying in installments with Alma, the Customer does not pay any fees. Except in the following cases:
- P3X: 1.29% per transaction
Alma is a telepayment manager and issues an electronic certificate which will serve as proof of the amount and date of the transaction in accordance with the provisions of Articles 1316 et seq. of the Civil Code.
Termination
Any termination of the General Terms and Conditions which bind the Seller and the customer, results in the termination of the General Terms and Conditions between Alma and the customer.
4.3. Payment confirmation
The order will be considered valid after confirmation of the bank payment agreement. In case of bank refusal, the order will be automatically canceled.
In any event, Anthony Garçon reserves the right to refuse any order or delivery in the event of I) an existing dispute with the Buyer, II) total or partial non-payment of a previous order by the Buyer, III) refusal of authorization of payment by credit card by banking organizations, IV) non-payment or partial payment of the order. Anthony Garçon cannot be held liable under any circumstances.
4.4. Exceptional condition
Anthony Garçon has implemented a verification procedure to prevent any fraudulent use of bank details to place an order on its Site.
Customers who have placed an order for an amount exceeding €2,000 through Anthony Garçon must send Anthony Garçon (by fax or post) a copy of both sides of their identity document and proof of address less than 3 months old.
The order can only be shipped after receipt and verification of the documents sent. Anthony Garçon reserves the right to cancel and refund the order in the event of non-receipt of the documents or in the event of receipt of non-compliant documents.
Article 5. Delivery
Products purchased on the Site are only available for delivery in mainland France, the French overseas departments and territories, and the following countries:
- Germany. Austria. Belgium. Bulgaria. Cyprus. Croatia. Denmark. Spain. Estonia. Finland. France. Greece. Hungary. Ireland. Italy. Latvia. Lithuania. Luxembourg. Malta. Netherlands. Poland. Portugal. Czech Republic. Romania. Slovakia. Slovenia. Sweden.
Following shipment of the order, the Buyer will receive an email specifying the tracking number of their package. The Buyer can then track the traceability of their package by clicking on the link provided for this purpose.
The Products are shipped to the delivery address indicated by the Buyer in their customer account. If the Buyer has multiple delivery addresses registered in their customer account, they can select one before finalizing their order and proceeding with payment. Anthony Garçon does not deliver to PO boxes. The Buyer is responsible for the accuracy of the information provided when ordering. In the event of an error in the recipient's contact details (including first and last name, street number, postal code, city name, telephone number, or email address), Anthony Garçon cannot be held responsible for the inability to deliver the order.
Anthony Garçon offers several delivery methods depending on the delivery address:
- Colissimo against signature: for deliveries in France (including DOM-TOM) by La Poste, with parcel tracking number (See Article 5 above).
- Colissimo international against signature: for deliveries in Europe, with parcel tracking number (See Article 5. above).
Anthony Garçon commits:
- For deliveries in France (including DOM TOM), to deliver the Products no later than 7 working days from validation of the order by Anthony Garçon;
- For deliveries in Europe: to deliver the Products no later than 10 working days from validation of the order by Anthony Garçon.
The delivery time is confirmed to the Buyer before they definitively confirm their order online, then in the order confirmation email sent to them.
If the Buyer is not present when the package is presented at the delivery address, a delivery notice will be left by the carrier in the recipient's mailbox to inform them. In the case of delivery by Colissimo, the Buyer, with proof of identity, must then claim their package from the post office indicated on the delivery notice within two (2) weeks at the latest.
In the event that the Buyer is unable to retrieve their package, it will be returned to Anthony Garçon's warehouses. Anthony Garçon will then offer to resend the Buyer's order a second time at the cost of a new shipment. If the Buyer does not wish to be redelivered, they will be reimbursed for the value of the Product ordered; however, the delivery costs of the Product ordered will remain their responsibility.
The Buyer acknowledges that delivery is considered completed upon delivery of the package to the mailbox, directly to the Buyer's home or to the carrier's office, with proof of delivery from the carrier serving as proof.
5.1. Customs duties
Any order placed on the Site and shipped outside of France may be subject to possible taxes or customs duties. These delivery-related costs are the responsibility of the Buyer. Anthony Garçon is not required to inform the User of taxes or customs duties applicable to the delivery countries. To find out about them, it is the User's responsibility to inquire with the competent authorities in their country.
5.2. Delivery costs
Shipping rates vary depending on the weight of the order and the destination country.
A shipping cost simulator allows you to validate the price on our platform based on weight and destination.
Colissimo France and Colissimo Overseas rates are also available on the La Poste website.
Colissimo prices online on the La Poste website in 2020
Weight |
Metropolitan France (including Corsica, Monaco, Andorra) |
France Overseas | European Union | |||
Section 1* | Section 2 ** | |||||
250 g | €4.95 | €9.60 | 11.65 € | |||
500 g | 6.35 € | €9.60 | 11.65 € | 12.55 € | ||
750 g | 7.25 € | 14.60 € | €17.45 | |||
1 kg | € 7.95 | 14.60 € | €17.45 | 15.50 € | ||
2 kg | 8.95 € | €19.90 | €30.60 | €17.55 | ||
5 kg | 13.75 € | €29.90 | €51.50 | €22.45 | ||
10 kg | 20.05 € | €47.90 | 100.50 € | 37 € |
* Guadeloupe, Martinique, Mayotte, Reunion, Guyana, Saint-Pierre-et-Miquelon, Saint-Martin, Saint-Barthélemy
** French Polynesia, New Caledonia, Wallis and Futuna, French Southern and Antarctic Lands
5.3 Transport – Reception – Reservations
It is the Buyer's responsibility to check the conformity of the products and the condition of their packaging upon delivery.
In the event of damage to the package or an apparent anomaly (damaged package, open, etc.), the Buyer must:
- If he personally takes delivery of the Products from the carrier and is able to express his reservations to the latter: indicate his reservations on the delivery slip presented by the carrier at the time of delivery
- Report your reservations to Anthony Garçon Customer Service, whose contact details appear in Article 9, within a reasonable time after delivery.
If this procedure is not followed, and without prejudice to the benefit of the legal guarantees recalled in Article 8, Anthony Garçon will not take charge of any claim.
Anthony Garçon undertakes to refund or exchange Products that do not correspond to the order.
The Buyer must report any detectable non-conformity and return the Product(s) to Anthony Garçon, following the return procedure detailed in Article 6 below. Anthony Garçon will exchange or refund them after examining the returned Product(s). If the returned items are incomplete, damaged or excessively soiled, they will not be accepted by Anthony Garçon. Under no circumstances can a return, exchange or refund be requested and/or made in store.
Article 6. Right of withdrawal and returns
6.1 Withdrawal period
All Buyers have a right of withdrawal of fourteen (14) clear days from receipt of their order. Upon expiry of this period, the right of withdrawal becomes irrevocably void.
6.2 Conditions for exercising the right of withdrawal
Within this period of fourteen (14) days, the Buyer must notify Anthony Garçon of his intention to withdraw.
To do this, he can use the following methods:
- send Customer Service an unambiguous statement clearly expressing their wish to withdraw, by letter, fax or e-mail;
- return the withdrawal form appearing in Appendix 1 of this document or downloadable here on the Site duly completed to Customer Service.
Customer Service contact details are provided in Article 9 of this document.
6.3 Time limit and terms of return and reimbursement
The Buyer has a period of fourteen (14) days from notification to Anthony Garçon of his intention to withdraw to return, at his expense and under his responsibility, the Product(s) he ordered if they do not give him satisfaction.
Products subject to withdrawal must be returned to the Anthony Garçon Customer Service address indicated in Article 9.
The Products must be returned in new condition and suitable for resale, i.e. unsoiled, unwashed and unironed. The Products must be accompanied by all their accessories and accompanied by the return number provided by Anthony Garçon.
The costs and risks associated with returning the Product are the responsibility of the Buyer. As part of this right of withdrawal, and for returned Products that are found to be incomplete, damaged, soiled, or unsuitable for resale, Anthony Garçon may refuse to refund the returned Products, or apply a discount to the refund amount.
Any package returned to the address provided by Anthony Garçon Customer Service and not containing any information that could identify the Buyer, in particular the return number, will not be refunded under any circumstances. No claims from the Buyer will be accepted.
If the above-mentioned conditions are met, Anthony Garçon will reimburse the Buyer, within a maximum period of fourteen (14) days from the date of receipt by Anthony Garçon of the package, all sums paid by the Buyer (including delivery costs), with the exception, however, of the costs of returning the Products which remain the responsibility of the Buyer.
Article 7. Exchanges
The Buyer may request an exchange of all or part of the Products in his order, within a maximum period of fourteen (14) days. This exchange may consist of either I) an exchange of size, subject to the availability of the Products on the date of the Buyer's request, or II), an exchange for a Product of an amount equal to or greater than the Product(s) purchased and returned.
For an exchange, the Buyer must follow the same procedure as for a Return, the amount of the new shipping costs generated by the reshipment of the new Product(s) remaining at his expense.
The conditions for returning Products for an exchange are the same as those required for a simple Return (see Article 6). After receipt of the exchange request and the products to be exchanged, the delivery times for replacement Products are identical to a standard order shipment (see Article 5).
Article 8. Legal guarantees
The guarantor of the conformity of the products sold as well as their defects in the event of hidden defects is the company Malesherbes 26 “Anthony Garçon” 37 Boulevard Malesherbes 75008 Paris France, and any request made by the Buyer under the legal guarantee of conformity or the guarantee of hidden defects must be addressed to the Anthony Garçon Customer Service whose contact details appear in Article 9 below.
Anthony Garçon is liable for defects in conformity of the product sold under the conditions provided for in Articles L.217-4 et seq. of the Consumer Code as well as for hidden defects in the product sold under the conditions provided for in Articles 1641 et seq. of the Civil Code, the articles of which are reproduced in Appendix 2.
8.1 Legal guarantee of conformity
When the Buyer acts under the legal guarantee of conformity, he benefits from a period of two (2) years from the delivery of the product to act. The Buyer is exempt from providing proof that the lack of conformity of the product existed at the time of delivery for any lack of conformity which appears within a period of twenty-four (24) months following the delivery of the product to the Buyer, unless proven otherwise by Anthony Garçon.
The Buyer may choose between repair or replacement of the product, unless one of these two options results in a cost that is clearly disproportionate for Anthony Garçon given the value of the product or the significance of the defect, in which case Anthony Garçon reserves the right to opt for the second option not chosen by the Buyer, in accordance with the provisions of Article L.217-9 of the Consumer Code.
In any event, Anthony Garçon undertakes that the implementation of the conformity guarantee will not generate any costs for the Buyer.
8.2 Guarantee of hidden defects
The Buyer may decide to implement the guarantee against hidden defects within the meaning of article 1641 of the Civil Code, within a period of two (2) years from the discovery of the defect.
In this case, the Buyer can choose between returning the product to Anthony Garçon and having the price paid refunded, or keeping the product and obtaining a reduction in the sale price in accordance with article 1644 of the Civil Code.
Article 9: Customer Service
Anthony Garçon Customer Service is available from 10am to 6pm (CET) Monday to Friday:
- at the following number: +33 1 77 35 83 77;
- by email: info@anthonygarcon.com
- by post: Anthony Garçon “Customer Service”, 61 avenue Kleber, 75016 Paris - FRANCE
Article 10. Protection of personal data
10.1. Personal information
Providing personal information collected for distance selling is mandatory, as this information is necessary for the registration, processing, and delivery of orders, as well as for issuing invoices. This information is strictly confidential. We do not store our customers' credit card details after payment. Failure to provide this information will result in the automatic rejection of the order.
The data controller is the company MALESHERBES 26, SARL with capital of 20,000 euros, operating under the name “ANTHONY GARCON” whose registered office is located at 37 Boulevard Malesherbes 75008 PARIS – France, registered in the Paris Trade and Companies Register under number 492 919 741.
In this capacity, Anthony Garçon undertakes to comply with the provisions of the General Data Protection Regulation No. 2016/679 of April 27, 2016, which came into force on May 25, 2018 (GDPR), Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms as amended by
Law No. 2004-801 of August 6, 2004, as well as any applicable regulations that replace it (the “Applicable Regulations”).
For any questions regarding the privacy policy implemented by Anthony Garçon, you can contact us at any time by email info@anthonygarcon.com or telephone: 01 46 37 80 91 or
postal mail: 37 Boulevard Malesherbes 75008 PARIS – France
Anthony Garçon specifies that all personal data processed on the Site are hosted on servers located in the European Union and Anthony Garçon undertakes that personal data will not be transmitted outside the European Union. Anthony Garçon undertakes to obtain prior consent from users before collecting and processing their data, except when the processing of data is necessary for the execution of a
order, to comply with a legal obligation imposed on Anthony Garçon or to its legitimate interest (for example, ensuring the security of the Site, ensuring the safety of our staff, receiving payments, etc.).
The data collected is intended for Anthony Garçon. It may be transmitted to subcontractors used by Anthony Garçon to supply the Products.
Anthony Garçon undertakes not to transmit Users' personal data to its partners for prospecting purposes, in particular by electronic, postal or telephone means, without having obtained the prior consent of each User. Furthermore, even after having given his or her consent, each User may oppose the continuation of this communication by
by sending an email to info@anthonygarcon.com.
In accordance with the Applicable Regulations, the user has at any time the right to access, modify, rectify and delete data concerning him collected by Anthony Garçon, a right to limit the processing of his data as well as a right to oppose their processing and the right to obtain data portability. To exercise this right, the user
must send a letter by post to Anthony Garçon customer service at the following address:
Malesherbes 26 “Anthony Garçon” 37 Boulevard Malesherbes 75008 Paris – France or send an email to the following address info@anthonygarcon.com
In any event, the User will ensure that they provide their surname, first name, address and, where applicable, their Buyer number.
Each User also has the option to unsubscribe at any time from all newsletters and commercial information emails by withdrawing their consent, by clicking on the corresponding link at the bottom of each prospecting email or by sending us a request by email to info@anthonygarcon.com or by post to:
Malesherbes 26 “Anthony Garçon” 37 Boulevard Malesherbes 75008 Paris – France.
Each User may lodge a complaint with the competent supervisory authority in the Member State in which their habitual residence, place of work or place of the alleged violation is located, if they consider that the processing of personal data concerning them constitutes a violation of the applicable regulations. In France (including the French Overseas Territories and the French Southern and Antarctic Territories), the User may submit their request electronically by clicking on the following link:
https://www.cnil.fr/fr/plaintes/internet
10.2. Cookies
The only cookies that Anthony Garçon creates are session cookies which will be deleted when you log out of the site.
Article 11. Liability
Anthony Garçon cannot be held liable for any inconvenience or damage inherent in the use of a computer, a computer network, or the Internet. In particular, Anthony Garçon cannot be held liable for any interruption of service, external intrusion, or the presence of a computer virus.
For all stages of access to the Site, including consultation, filling out forms, placing orders, payment and any other service available on the Site, Anthony Garçon has only an obligation of means.
Article 12. Intellectual Property
All elements of the Site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks, or patents. They are the exclusive property of Anthony Garçon.
The brands of the company Anthony Garçon and its partners, as well as the logos appearing on the site are registered trademarks.
Any total or partial reproduction of these brands or logos made from elements of the Site without the express authorization of Anthony Garçon is therefore prohibited within the meaning of article L.713-2 of the Intellectual Property Code.
No User or visitor to the Site may set up a hyperlink to it without the express prior authorization of Anthony Garçon.
Article 13. External links
The Site may contain hypertext links redirecting the User to other sites.
Anthony Garçon makes no commitment regarding any other site to which Users may have access via the Site and is in no way responsible for the content, operation, services offered or access to these sites.
Article 14. Miscellaneous provisions
14.1. Partial invalidity
If one or more provisions of these General Conditions of Sale are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.
14.2. Entire Agreement
These General Terms and Conditions of Sale and the order summary sent to the Buyer form a contractual whole and constitute the entirety of the contractual relations between the Parties. In the event of any contradiction between these documents, the General Terms and Conditions of Sale shall prevail.
14.3. Force majeure
Anthony Garçon will not be held liable in any way for non-performance of the contract due to a case of force majeure as defined in Article 1218 of the Civil Code.
In the presence of an event constituting force majeure, Anthony Garçon will notify the User/Buyer within five (5) working days following the occurrence of the event.
Article 15. Processing of complaints – Mediation
If the Buyer is not satisfied with the way in which Anthony Garçon has handled a complaint, the Buyer has the option of contacting an independent consumer mediator AME.CONSO in order to attempt to find an amicable solution to the dispute.
The referral to the consumer mediator must be made:
- either by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com ;
- or by mail addressed to AME CONSO, 11 Place Dauphine – 75001 PARIS.
Electronic link to the online dispute resolution (ODR ) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR
Article 16. Applicable law – Competent jurisdictions
These General Terms and Conditions of Sale, as well as all transactions referred to therein and/or related to the sale by Anthony Garçon of its Products to the Buyer, are governed, interpreted and executed in accordance with French law, to the exclusion of the Vienna Convention on the International Sale of Goods. In the event of a dispute, the Buyer shall have the right to refer the matter to the competent court of the place of his residence, that of the place of delivery of the Product or that of the place where the damaging event occurred.
Last updated: February 5, 2019
APPENDIX 1: Withdrawal form
Please complete and return this form only if you wish to withdraw from the contract entered into on the Anthony Garçon website https://anthonygarcon.com )
To the attention of Anthony Garçon “Customer Service”, 61 avenue Kléber - 75016 PARIS – France, email: info@anthonygarcon.com
I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods below:
Ordered on (*) / received on (*):
Name of consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only if this form is notified on paper):
Date :
(*) Delete as appropriate.
APPENDIX 2: Reproduction of articles relating to legal guarantees
Regarding the legal guarantee of conformity:
- Article L217-4 of the Consumer Code: " The seller delivers goods that conform to 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, assembly instructions or installation when this has been made his responsibility by the contract or has been carried out under his responsibility."
- Article L217-5 of the Consumer Code: “ The good complies with the contract:
1° If it is suitable for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
- Article L217-12 of the Consumer Code: “ The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.”
Regarding the legal guarantee of hidden defects:
- Article 1641 of the Civil Code: “ The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.”
- Article 1648, paragraph 1 of the Civil Code: “ The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.”