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GENERAL TERMS AND CONDITIONS OF SALE

These conditions of sale are concluded on the one hand by SAS GINKO France with an variable capital of 16000 euros whose registered office is at BEZIERS 34500, 58, avenue Pierre Verdier, postal address SAS GINKO FRANCE BP 77 - 34502 BEZIERS CEDEX- tel 06 08 97 98 80, registered in the Béziers Trade and Companies Register under number 795 400 274 00010 hereinafter referred to as "GINKO France" and, on the other hand, by any natural or legal person wishing to make a purchase via the website of "GINKO France" hereinafter referred to as "the buyer".

 

- Object

These terms and conditions of sale are intended to define the contractual relationship between GINKO France and the buyer as well as the conditions applicable to any purchase made through the GINKO France website, whether the buyer is a professional or a consumer. 

The acquisition through this site implies an unreserved acceptance by the buyer of these terms and conditions of sale.

These conditions of sale shall prevail over all other general or special conditions not approved by GINKO France.

GINKO France reserves the right to modify its terms and conditions of sale at any time and the applicable conditions will be those in force on the date of the order by the buyer.

- Goods and services offered

The products and services offered are those listed on the GINKO France website.

These products and services are offered within the limits of available stocks, in the event of a shortage, SAS GINKO France undertakes to deliver the customer within a reasonable time with a maximum of 30 days.

The photographs in the catalogue are as accurate as possible but cannot ensure perfect similarity with the product offered, particularly with regard to colours.

 

- Tariffs

The prices in the catalogue are prices in euros taking into account the VAT applicable in France on the day of the order; any change in the rate may be reflected in the price of the products or services.

GINKO France reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalogue on the day of the order will be the only one applicable to the buyer.

 

The prices indicated do not include transport and delivery costs. 

The shipping costs for metropolitan France are as follows:

- Order between 0 and 80 € TTC : 2,29 € TTC

- Over 80 €: free of charge

- Europe and French overseas departments and territories: €5.35 including VAT

- Other countries of the world: Shipping is handled by the Letter Tracking service LA POSTE with a tracking number.

- For all shipments outside the EEC, any customs duties may be applied and will be entirely at the buyer's expense.

- At the buyer's request, a paper invoice will be sent to him/her, showing the VAT.

 

- Validation of orders

The buyer, who wishes to buy a product or service must obligatorily:

- fill in the identification form on which he/she will indicate all the requested contact details.

- validate his order after checking it.

- make the payment under the conditions provided for.

- confirm his order and payment.

The confirmation of the order implies acceptance of these terms and conditions of sale, recognition of having full knowledge of them and waiver of the right to invoke its own terms and conditions of purchase or other conditions. 

All the data provided and the recorded confirmation will be worth proof of the transaction. The confirmation will be worth signature and acceptance of the operations carried out. 

- Right of withdrawal

In accordance with article L121-16 of the Consumer Code, the customer has a period of fourteen clear days from the delivery of his order to return the product to GINKO France 58, Avenue Pierre Verdier BP 77 at 34500 BEZIERS at his own expense. The product, which must be returned with a copy of the invoice or return slip, will be exchanged or refunded within a maximum period of 14 days after receipt. 

The returned product must not have suffered any damage, complete product in its original packaging and in good condition.

- Payment terms and conditions.

The price is due at the time of order.GINKO France proposes the following payment modes:

GINKO France offers the following payment methods:

- Either by secure electronic payment CIC South West.

- Either by PayPal. Simply select PayPal when choosing the payment method, go to your PayPal account and confirm payment for the current order. Good condition.

 

- Property

GINKO France retains ownership of the products ordered until full and effective payment by the customer.

 

- Deliveries

Deliveries are made to the address indicated on the order form.

In the event of damage during transport, the justified protest must be made to the carrier within three days of delivery. 

Deliveries are made within 8 working days.

Delivery times are given only as an indication; if they exceed thirty days from the date of order, the sales contract may be terminated and the buyer reimbursed.

- Guarantee

All products supplied by the seller benefit from the legal guarantee provided by articles 1641 and following of the Civil Code. 

In the event of non-conformity of a product sold, it may be returned to the seller who will take it back, exchange it or refund it.

All complaints, requests for exchange or refund must be made by post to the following address SAS GINKO France, 58, avenue Pierre Verdier BP 77 34500 BEZIERS France, within thirty days of the delivery date.

- Liability

The seller, in the online sales process, is only bound by an obligation of means and cannot be held liable for any damage resulting from the use of the Internet network such as loss of data, intrusion, viruses, disruption of service, or other unintentional problems.

The same applies to any product modifications resulting from manufacturers.

In the case of online retailing, the vendor bears only an obligation of means (i.e., not an obligation of result) and cannot incur liability in relation to any damages caused by using the Internet’s (lost data, intrusion, virus, service failure or similar).

- Archiving - Proof

GINKO France will archive purchase orders and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of Article 1348 of the Civil Code.

GINKO France shall not incur liability for any damages (material, non-material or bodily) which might result from incorrect usage or incorrect operation of the commercialized products. This also holds for any modifications of the products decided by the product manufacturers. Even where GINKO France were to incur liability, this shall be limited to the order amount, and in particular, GINKO France shall not incur any liability for errors or omissions which might arise in spite of all the precautions taken when preparing the products.

The computerised registers of GINKO France will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

 

- Settling of disputes

Any order placed implies the customer's acceptance, without any restriction, of GINKO France's General Terms and Conditions of Sale, regardless of the method of payment accepted, even in the event of a warranty claim or multiple defendants. This contract is governed by French law. Any dispute as to the validity, interpretation or execution of this contract shall be submitted to the exclusive jurisdiction of the competent courts of Béziers, notwithstanding multiple defendants or warranty claims. However, GINKO France reserves the right to bring an action before any other competent court.  

Under Article L. 612.1 of the Consumer Code, every consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable termination of the dispute between him and a professional.

Disputes falling within the scope of Article L. 612.1 of the Consumer Code are disputes defined in Article L. 611.1 of the Consumer Code, namely disputes of a contractual nature, relating to the performance of a contract of sale or supply of services, between a consumer and a professional.  

The text covers national and cross-border disputes. An online dispute resolution platform is at your disposal.

For any difficulty, we invite you to contact us beforehand or to contact our after-sales service GINKO France: [email protected]

Personal Data

This site has been declared to the CNIL (Commission Nationale de l'Informatique et des libertés)

You can visit this site without revealing your identity or giving any information about yourself.

The information you provide us will be considered non-confidential and may be freely used by GINKO France, subject to applicable legal provisions and in particular to the French law "informatique et libertés" n° 78-17 of 6 January 1978 amended by law n°2018-493 of 20 June 2018.

The personal data you provide to us is intended solely to send you information to the questions asked via the "Contact Us" section or when you subscribe to the newsletter. They are in no way intended for a use that could infringe your rights and you have a right of permanent access, modification, rectification, opposition, portability and processing limitation to your personal data in accordance with national and European regulations in force.