General Terms and Conditions of Sale
Preamble
The online store www.mamagetzner.com (hereinafter referred to as the "Site") is an e-commerce website accessible via the Internet, open to all users of this network (hereinafter referred to as "Users"). It is published by the company EMMAYLI (hereinafter referred to as "Mama Getzner"), a limited liability company (SARL) whose registered office is located at 50 rue Polonceau, 75018 Paris, France. Paris Trade and Companies Register (RCS): 531 598 688. The Site allows MAMA GETZNER to offer for sale textile products and accessories under the GETZNER brand (hereinafter referred to as the "Products") to Users browsing the Site (hereinafter referred to as "Customers"). For the purposes of these terms and conditions, it is agreed that the Customer and MAMA GETZNER shall be collectively referred to as the "Parties" and individually as a "Party," and that a Customer who has placed an order shall be referred to as the "Buyer." Any order for a product offered on the Site implies the Buyer's acceptance of these general terms and conditions of sale.
MAMA GETZNER reserves the right to modify these terms and conditions of sale at any time by publishing a new version on the Website. The applicable terms and conditions of sale are those in effect on the date the order is placed.
This website is owned and operated by: EMMAYLI France Contact: serviceclient@mamagetzner.com
1. Purpose
2. Products & Prices
3. Order
4. Delivery
5. Order Receipt
6. Right of withdrawal
7. Warranty
8. Exchanges
9. Data Processing and Freedoms
10. Miscellaneous Provisions
1. Purpose
These general terms and conditions of sale govern the rights and obligations of the Parties arising from the online sale of Products offered on the Site, they apply to the exclusion of any other document.
2. Products
Only Products listed on the Site on the day of its consultation by the Customer are offered for sale. Product offers and prices are valid, subject to availability, as long as they are visible on the site.
2. Price
We do our best to ensure that the information, descriptions, and prices are accurate; however, errors may occur. If the price of an item you have ordered is incorrect, we will inform you as soon as possible, and you will have the option of confirming your order at the correct price or canceling it. If we are unable to contact you, we will cancel the order. Prices are shown in Euros, inclusive of all taxes, for countries within the European Union, excluding the United Kingdom. Prices for the United Kingdom are displayed in pounds sterling and are subject to UK tax. Value Added Tax (VAT) is that in effect in France, excluding products sold to the United Kingdom. The flat-rate contribution to preparation and delivery costs will be shown to the customer on the order summary before the order is confirmed.
3. Order
3.1. Order Registration
The Customer wishing to place an order selects the desired Product(s) by clicking on "Add to cart". At any time, the Customer can: - check the number of Products in their cart and obtain detailed information on each one by clicking on "My cart", - continue selecting Products by clicking on the "Continue shopping" button, - complete their order by clicking on the "Validate" button. All new Customers must fill in the required fields to create their customer account. The Customer must accurately complete the form provided, which will include the information necessary for their identification, such as their email address and a password of their choice (which will be personal and confidential) that they will use to log in to the site later. Any Customer who already has a customer account must log in after clicking on "Validate" by entering their email address and password. The Customer agrees that entering these two identifiers constitutes proof of their identity. Providing the personal information collected during the online sales process is mandatory, as this information is necessary for processing and delivering orders, as well as for issuing invoices. This information is strictly confidential. After reviewing their order and once all the required information has been completed by the Customer, they acknowledge and accept the General Terms and Conditions of Sale by checking the box provided for this purpose.
3.2. Order Confirmation
Confirming the shopping cart constitutes an electronic signature. This signature has the same legal value between the Parties as a handwritten signature and serves as proof of the entire order and the obligation to pay the amounts due for said order. Once the order is confirmed, the Customer becomes the Buyer. Notwithstanding the application of Article R624-3 of the French Penal Code, the Customer will pay for their order by credit card (Carte Bleue, Visa, Eurocard/Mastercard). If the Customer wishes to pay for their order by credit card, they must provide their credit card number, the expiration date, and the security code, depending on the card type.
3.3. Payment
The price owed by the Buyer is the amount indicated on the order summary document. In any event, the amount debited will correspond to the Product(s) actually delivered. The debit will be effective upon handover of the packages to the carrier. It is specified that by choosing payment by credit card, the Buyer was automatically transferred to the Ogone payment server. The server and the payment page are secured by SSL (Secure Socket Layer) encryption to protect all payment-related data as effectively as possible, and the Buyer's bank details never pass through MAMA GETZNER's computer system.
3.4 Order Acknowledgement
Upon payment, an order summary is sent to the Buyer by email to the address they provided. This document, which serves as an order confirmation, includes all the elements of the contract between the Parties.
3.5 Discount Codes
(i) Discount codes on user accounts: Discount codes may be offered to account holders at any time. These discount codes may only be used for purchases made through the account for which the discount code was offered and registered. (ii) Promotional discount codes: Promotional discount codes applicable to all or some specified purchases made on the Website may be offered at any time. (iii) Any other terms and conditions of use for any discount code will be specified at the time it is issued. The following provisions apply to all MAMAGETZNER promotions, contests, and discount codes (unless otherwise stated). a. Only one discount code may be used per order.
b. The maximum spending amount, before discount, of €300 (or its equivalent in euros at the time the order is placed) applies per order
c. Exclusions relating to certain brands may apply
e. A discount code cannot be used after the order has been placed
f. Discount codes do not apply to delivery charges (if applicable)
g. Discount codes are, from a commercial perspective, confidential and are provided to their recipient in a confidential manner. You may not share a discount code with any other person (company or individual) or use a code that was not given to you by MAMA GETZNER.
4. Delivery
MAMA GETZNER will do its best to ensure that orders are delivered within an average of 3 to 5 business days and a maximum of 10 business days from the day after the Buyer confirms their order. Orders placed on the website www.mamagetzner.com on Friday afternoons, Saturdays, or Sundays are processed the following Monday. Orders placed on the website www.mamagetzner.com on public holidays other than Fridays, Saturdays, and Sundays are also processed the next business day.
The Products ordered by the Buyer are delivered within Metropolitan France and all countries of the European Union, to the address indicated by the Buyer on the final order confirmation page, accompanied by a delivery note. The Buyer may have the Products delivered to an address other than their own. Delivery will not be guaranteed in cases of force majeure, transport strikes, and/or postal service disruptions.
5. Order Receipt
Since the pattern is not considered a defect, it cannot be considered a legitimate reason for return. Only the color and length are at the Buyer's discretion. The pattern is determined by available stock. The choice of pattern is solely at the discretion of MAMA GETZNER. Upon receipt of the order, the Buyer must verify that the Products received conform to their order. Any anomaly concerning the delivery (namely: missing or damaged Products, damaged packaging) must be reported within 15 days of receiving the Products. Customs duties are not included in the order price or the delivery price. Customs duties vary from country to country and are payable by the customer in addition to the order amount upon delivery. No refund will be issued if the customer refuses to pay customs duties; in this case, the order will be forfeited.
IMPORTANT NOTE: Orders may never be shipped in multiple shipments. Except for legitimate reasons, any claim made more than 15 days after receipt of the Products will be considered inadmissible, and MAMA GETZNER will not be held liable. MAMA GETZNER reserves the right to request that the Buyer return any non-conforming or damaged Product. In the event of abnormal or abusive returns, MAMA GETZNER may refuse to process any subsequent orders.
6. Right of withdrawal
The Buyer has fourteen (14) business days from the date of receipt to return, at their own expense, the Product(s) they ordered. The Product(s) must be returned in their original packaging and in new condition. If the aforementioned conditions are met, MAMA GETZNER will reimburse the Buyer for the total amount of their order within thirty (30) days of MAMA GETZNER's receipt of the Products, excluding the return shipping costs, which are the Buyer's responsibility.
7. Warranty
The products we offer are covered by the legal guarantees of French law.
8. Exchanges
If, at the time of your exchange request, the product(s) is/are no longer available, MAMA GETZNER will issue a refund/credit at the purchase price within thirty (30) days of receiving the returned product(s). Returning products is possible if you have changed your mind, exercising your legal right of withdrawal and your contractual right to return the products. For all returns, please keep your proof of postage. Ensure your return is well-packaged to prevent any damage to the products or boxes. Any returned product that is incomplete, damaged, worn, or soiled will not be accepted and will be returned to you. You can cancel your order within 14 days of receiving it by completing the withdrawal form below. Please send it to us by email at retractation@mamagetzner.com and return the products.
8.1 Limitation of Liability
While MAMA GETZNER takes great care in presenting and describing its products, the information, and especially the photos appearing on the website, are provided without any guarantee or warranty as to their accuracy, completeness, or timeliness. You should review each product's description to understand its specific features. Unless otherwise provided, and within the limits prescribed by French law, EMMAYLI and its suppliers, content providers and advertisers expressly exclude all liability for any damages, including and without limitation, any direct, indirect, special, consequential or incidental damages, or damages relating to loss of use, profits, data or any other intangible property, damage to goodwill or reputation, or cost of purchase of substitute products or services arising out of, or related to, the use, inability to use, performance or malfunctions of the Website or Linked Sites and the elements posted thereon, regardless of whether such damages could be considered foreseeable under contract, tort, case law or any other applicable body of rules. This provision does not affect EMMAYLI's liability for death or personal injury resulting from its negligence, or its liability for misrepresentation, misleading statements concerning essential matters, or any other liability that cannot be excluded or limited by law. Consulting and placing orders online implies knowledge and acceptance of the characteristics and risks associated with the internet, in terms of technical performance, response time, risk of interruptions, viruses, and more generally, all risks associated with connecting to and transmitting data over the internet. Internet users must take all appropriate measures to protect their own data and information stored on their computer equipment.
9. Information Technology and Freedoms
9.1. Personal Information
Personal information is processed by MAMA GETZNER for customer relationship management and marketing purposes. To enable you to receive offers from our partners, we may share this information with them. In accordance with the French Data Protection Act of 6 January 1978, as amended by the Act of 6 August 2004, the customer has the right to access, rectify, and object to the processing of their personal data.
9.2. Cookies
The Site uses cookies. A cookie is a small text file stored on the Client's computer hard drive. Its purpose is to indicate a previous visit by the Client to the Site. MAMA GETZNER uses cookies only to personalize the service offered to the Client. The Client retains the option to refuse cookies by configuring their internet browser. However, this will prevent them from personalizing the service provided by MAMA GETZNER through the Site.
9.3. Web Beacons
Some web pages on the Site may contain web beacons that allow us to count the number of visitors to the Site and/or provide MAMA GETZNER with certain metrics. These web beacons may be used with some of our partners, particularly to measure and improve the Site's effectiveness. In any case, the information obtained through these beacons is strictly anonymous and simply allows us to gather statistics on the traffic to certain pages of the Site, in order to better serve our Site's customers.
9.4 Hyperlinks to the Website
You may create hyperlinks to our homepage provided you do so fairly and legally, and that it does not damage or take advantage of our reputation. However, you may not create a hyperlink that suggests any form of association, approval, or endorsement on our part where none exists. You may not create a link to our homepage on any website that you do not own. The website must not be embedded within another website. Furthermore, you may not create any hyperlink to the website other than to the homepage. We reserve the right to remove the link without notice.
10. Miscellaneous Provisions
10.1 Force majeure
MAMA GETZNER shall not be liable for the total or partial non-performance of its obligations under this contract if such non-performance is caused by an event constituting force majeure, including but not limited to disruption or total or partial strikes affecting postal services, means of transport and/or communication, floods, or fires. The Parties agree to consult with each other as soon as possible to determine how the order will be processed during the period of force majeure. If the interruption due to force majeure exceeds one (1) month, the Parties shall be released from their respective obligations.
10.2. Entire Agreement
These general terms and conditions of sale and the order summary sent to the Buyer form a contractual whole summarizing all the agreements made between the parties.
10.3 Storage and archiving of transactions
Invoice archiving is carried out on a reliable and durable medium so as to correspond to a faithful and lasting copy.
10.4 Applicable Law – Jurisdiction
These general terms and conditions of sale and the contractual relationship between MAMA GETZNER and the Buyer are governed by French law. In the event of a dispute, exclusive jurisdiction is granted to the competent French courts. However, MAMA GETZNER undertakes to seek an amicable solution before taking any legal action.
10.5 Compensation
You agree to indemnify, defend, and hold harmless MAMA GETZNER, its directors, officers, employees, consultants, agents, and affiliates from and against any and all claims, liabilities, damages, and/or costs incurred by any third party (including, without limitation, legal fees) arising out of or relating to your use of the Website or your breach of the Terms of Sale.