CONDITIONS OF SALES (COS) GIMMEFY MARKETPLACE
- ARTICLE 1: Purpose and acceptance of the COS
- ARTICLE 2: Products and Prices
- ARTICLE 3: Order
- ARTICLE 4: Payment
- ARTICLE 5: Shipping, delivery and reception
- ARTICLE 6: Right of withdrawal
- ARTICLE 7: Conformity and product warranties
- ARTICLE 8: Liability
- ARTICLE 10: Force majeure
- ARTICLE 11: Law applicable in case of dispute
- ARTICLE 12: Modification of the conditions of sales
Gimmefy SAS, hereinafter referred to as the "Company", is the publisher of the site www.gimmefy.com, (hereinafter the "Site") and, consequently, ensures its development and exploitation. The Site is an online marketplace that connects buyers and professional sellers for the purchase of merchandise, travel souvenirs or various gifts inspired by the key symbols of a territory.
The Company is a SAS, with capital of 5000 € (euros), registered at the Nanterre trade and companies register, under the number SIRET: 84372283600015 whose head office is 33 Rue Louis Rouquier, 92300 Levallois-Perret, France. The intra-community VAT number is FR80843722836.
The legal representative of the Company is Mr. Theodule Zeraga, Chairman and Chief Executive Officer.
The contact details of the Company are:
- Tel: + 33 (0) 7 84 42 69 13
- Email: email@example.com
The Site is hosted by Amazon Web Services (AWS) EMEA SARL, located at: 5 RUE PLAETIS Luxembourg. AWS EMEA SARL is a subsidiary of Amazon Web Services Inc., headquartered at P.O / box 81226, Seattle, WA 98108-1226;
ARTICLE 1: Purpose and acceptance of the COS
1.1. The purpose of these COS is to define the rules applicable when purchasing products made by a natural person aged 18 and over, and any legal person, on the website www.gimmefy.com. These COS define the rights and obligations of the buyer and seller on the Site.
The Company is an intermediary in the sales relationship between the buyer and the seller.
1.2. These COS may be modified. Therefore, it is recommended to regularly consult the COS on the Site, to obtain the most recent versions.
1.3. The applicable COS are those existing at the time of the order. Any order placed on the Site implies full and unreserved acceptance of the existing COS.
ARTICLE 2: Products and Prices
2.1. The products sold on the Site are the property of the sellers of our marketplace. They are offered for sale within the limits of available stocks offered by the sellers.
2.2. The availability of a product is indicated on its product sheet.
2.3. In case of unavailability of a product, the buyer may contact the customer service of the Company at the address: firstname.lastname@example.org, indicating the desired quantity of products. The Company will inform the buyer as soon as the product is available again.
2.4. The selling price of the Products is determined exclusively by the sellers. It is indicated in euros, all taxes included.
ARTICLE 3: Order
3.1. To place an order on the Site, the buyer must:
- Login to the Site: www.gimmefy.com, by creating an account with minimum information, including its identity and a delivery address
- Select products to buy and add them to cart
- From the basket, click on "Proceed to Payment"
- Enter a delivery address and choose a delivery method
- Select a payment method and place the order after accepting the seller's COS
3.2. The order will be taken into account only from the effective payment of this one. In case of failure of payment, the buyer is invited to contact the customer service of the Company at the address: email@example.com or the telephone number: 0033 (0)7 84 42 69 13, to know the reasons of the failure, and finalize the command.
3.3. The seller retains ownership of the product (s) ordered until full payment expected.
3.4. The buyer is informed that at any time of the ordering process, he can modify or cancel it.
3.5. Once the order has been placed, the buyer will receive an email that summarizes his order: number of items ordered, billing address, delivery, price paid. Subsequently and within a maximum of 24 hours, he will receive a confirmation of the delivery date from the seller.
3.6. The Company reserves the right not to validate an order in the following cases:
- The order does not comply with the COS
- The quantities of products ordered do not reflect a normal use as an individual
- Serious elements arouse a suspicion of fraud on the order
- Existing disputes with the buyer
Article 4: Payment
4.1. Purchased products are payable in cash on the date of placing the order by the buyer. Payment is made by credit card at the time of validation of the order.
4.2. The payment of the order is made on the Site by means of a valid payment card. The means of payment accepted to date are: CB, VISA, MASTERCARD, AMERICAN EXPRESS, ALIPAY, BANCONTACT, GIROPAY, iDEAL, MULTIBANCO, DIRECT DEBIT SEPA, SOFORT, WECHAT PAY.
4.3. For each order validated by the seller, a debit request from the buyer's bank account will be sent to his bank within 24 hours. In the event that payment is refused, the Company may block the order.
4.4. The Company works with a partner - Stripe - to protect buyers when they pay with a physical or digital payment method. Stripe's infrastructure for storing, decrypting and transmitting card numbers runs independently, in accordance with the industry's most stringent security rules.
Article 5: Shipping, Delivery and Reception
5.1. Shipping costs are the responsibility of the buyer and are expressed in euros. Each seller has his own delivery terms. These terms and conditions are defined in the general sales conditions of each vendor.
5.2. The buyer has a single basket on the Site, regardless of the shop in which he buys a product. It is therefore possible that the buyer receives his order in several deliveries.
5.3. Within 24 hours of shipping the order, the seller will inform the buyer of the approximate date of delivery of his order, and also to transmit this information to the Company. The seller will inform the buyer of the tracking number of the delivery by email.
5.4. The seller undertakes to deliver the products ordered within the time specified in the order and in accordance with its general conditions of sale. In case of late delivery of the seller and in accordance with Article L216-2 of the Consumer Code, the buyer will contact exclusively the seller of the product, via the messaging accessible from his dashboard.
5.5. The seller agrees to keep proof of delivery for a period of 2 months following the date of shipment, and undertakes to provide the Company, at the request of the latter, all the information available to it, in particular on the date of receipt of the order by the buyer.
5.6. Certain products purchased from sellers may be shipped by the Company. For all these products, the buyer can see the mention "sold by xxx and shipped by Gimmefy".
5.7. Products purchased from the Company and some of its Sellers partners will be delivered in the following modes:
- In home delivery: The order will be delivered to an address provided by the Purchaser, which can be an address proper (principal residence) or that of a third party (temporary residence, residence of a close, etc.)
- In point withdrawal: The order will be delivered to an address where the Buyer comes to withdraw his package in the point withdrawal that he has already chosen when ordering. He will have to present a piece of identity to recover his parcel.
5.8. Any delivery outside the European Economic Area will be subject to taxes and other customs duties. These taxes and customs duties will be borne by the buyer.
5.9. In case of reception of a damaged product, damaged and not in conformity with the state or the nature of the product initially bought, the buyer is invited to inform as soon as possible the Company with its reserves and a copy of the complaint addressed to the carrier.
5.10. When receiving or withdrawing an order, the buyer must verify that his package and products are all present. In case of non-complete reception of the products ordered or in case of reception of a damaged product, damaged and not in conformity with the state or the nature of the product initially bought, the purchaser is asked to submit a complaint to the customer service of the Company at the email address: firstname.lastname@example.org or at the number: 0033 (0) 7 84 42 69 23, at the latest within (3) days following receipt of the order.
ARTICLE 6: Right of withdrawal
6.1. In accordance with Article L221-18 of the Consumer Code, the buyer has a right of withdrawal of 14 days from receipt of the product, either by the buyer himself or by a third party other than the buyer would have mandated.
6.2. In the event that the product has not yet been shipped, the Company will take into account the decision of withdrawal and refund the buyer within a maximum of 14 days, from the date of withdrawal.
In the event that the buyer has already received the product or the product is being delivered, the buyer may, within the period of 14 days, return the packaged product and under the right conditions, depending on the initial delivery method .
The cost of returning the product will be borne by the buyer.
6.3. No return or refund will be accepted:
- In case of deterioration of the product: the product is not in perfect condition and in its original packaging
- If the delivery (for the return) is made to another address than this one: Gimmefy SAS, 33 Rue Louis Rouquier, 92300 Levallois-Perret France.
6.4. Following full compliance with this procedure, the Company will refund to the buyer via the same payment method used by the buyer when ordering, within 14 days of its decision to retract.
However, the Company may decide to postpone the payment, until the recovery of the product by the seller or receipt of proof of forwarding by the buyer.
ARTICLE 7: Product Warranties and Counterfeiting
7.1. The purchaser benefits from the seller of the legal guarantee of conformity registered in the article L217-4 of the code of the consumption and the guarantee of the hidden defects provided for in articles 1641 and following of the civil code.
7.2. This right relating to legal warranties is to be exercised directly with the seller, in accordance with the seller's general sales conditions.
7.3. Some products may have an additional commercial guarantee offered by the seller. In this event, this warranty will be indicated in the detailed description of the product.
7.4. If a buyer buys a counterfeit product on the Site, he must promptly inform the Company, and also turn against the seller to claim any compensation for the damage suffered.
The Company cannot be held responsible by the buyer for the sale of a counterfeit product by the seller.
ARTICLE 8: Responsibilities
8.1. The seller guarantees:
- The conformity of the products that he sells in his shop
- The accuracy of the content posted on its dedicated space
- The absence of hidden defects in the products
- Respect for the rights of third parties
- At the Company, the absence of complaint of the buyer on the aforementioned elements
- The Company against any action in liability that would be incurred against him in respect of an operation performed by the seller on the Site.
8.2. The buyer agrees to:
- Guarantee the accuracy of the information he leaves on the Site
- Choose a secure personal password and do not share it with others
- Respect the rights of third parties and especially intellectual property rights
- Do not impersonate other users of the Site
- Use the Site in strict compliance with applicable national and international laws and regulations
8.3. The Company is not concerned in the contractual relationship between the seller and the buyer, beyond the mere provision of the Site facilitating the connection between the buyer and the seller.
The Company will not be held liable for any damages resulting from the actions of the buyer, the seller, a third party or a case of force majeure.
ARTICLE 10: Force Majeure
10.1. Any unforeseeable, irresistible events such as (and not exhaustive) acts of war or terrorism, criminal acts, riots, natural or industrial disasters, explosions, disruption of electronic telecommunication networks, etc. beyond the control of the Company, shall be considered as a case of force majeure.
10.2. In case of force majeure, the Company may temporarily suspend the activities of the Site and any contract also remains suspended during this period.
ARTICLE 11: Complaint and applicable law in case of dispute
11.1. In the context of a dispute, the buyer must contact the seller directly. If an amicable solution cannot be found, the Company may act as an intermediary.
11.2. The Contract is written in French. In the event that it is translated into other languages, it is the text in French that would be valid in case of dispute.
11.3. The law applicable to these Terms and the related orders is French law.
ARTICLE 12: Modification of the conditions of sales
We reserve the right to make changes to any service of the Company, our procedures, our terms and conditions, including these terms and conditions of sale. If a stipulation of these terms of sale is deemed invalid, void, or unenforceable, for whatever reason, this stipulation will be deemed severable and will not affect the validity and enforceability of the remaining stipulations.
Last update on February 27, 2019
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