Jean Paul Gaultier’s website General Terms and Conditions of Sale
Last update in October 2021.
Article 1 – Company information
JEAN PAUL GAULTIER S.A.S (hereafter “Jean Paul Gaultier” or the “Company”) is a French simplified joint-stock company (SAS) whose head office is located at 325 rue Saint-Martin 75003, Paris (France), which is registered at the register of trade and companies of Paris under number 325730380, with a company capital of 558.880,00 euros, with Tax Identification number (SIRET) 325 730 380 00053 and Intra-European VAT n°: FR57325730380 which creates, designs and sells luxury ready-to-wear clothing and fashion accessories, as well as cosmetics and perfumes. For any question or help you may need, you may contact us at: firstname.lastname@example.org
Article 2 - Scope of application of the Terms and Conditions of Sale
These are the general terms and conditions of sale of the Company (hereafter the “Terms and Conditions of Sale”) which apply to any sales by Company and purchases by final consumers (for personal use only) of products carrying the Company's trademarks (hereafter the “Products”) offered for sale on the Company's website fashion.jeanpaulgaultier.com (hereinafter the "Website").
This Website is controlled and operated by Jean Paul Gaultier from France and aims to target consumers located in France. If you are not located in France, please note that Company can also organize delivery of its products in the following countries only:
Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Drom-Com, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, the United States of America, the United Kingdom, Japan and South Korea.
If you do not reside in any of these countries, you will be responsible for organizing the collection or shipment of your product(s) in or from any of the countries where the Company offers the delivery of its products on the Website.
All sales of products carried out through the intermediary of the Website, even to consumers located in the above mentioned countries, are subject to these Terms and Conditions of Sale, which the customer expressly accepts when placing its order. Euro remains the applicable currency for all and any orders placed by consumers irrespective of their location.
These Terms and Conditions of Sale may be modified or updated by Company at any time; the Terms and Conditions of Sale applicable to an order placed by a customer are those in force on the day on which the order is placed.
Article 3 – Information concerning the products
While taking the utmost care to ensure the maximum degree of accuracy as regards the information on the products (categories, names, reproduction, pictures, descriptions, properties, characteristics and composition, etc.) offered for sale on the Website, and regularly updating said information, descriptions and data, the Company cannot accept liability for any non-substantial errors that may occur.
Furthermore, although photographs and other reproductions of the products for sale shall represent them faithfully on the Website, within the limits of the available techniques, they may nevertheless contain non-substantial errors.
The products are offered for sale within the limits of their availability. If, despite the Company's vigilance, the products ordered are no longer available, the Company will inform the customer of this by any appropriate means (telephone or e-mail) as soon as possible and agree on any alternative satisfactory solution for the customer.
Article 4 – Ordering products on the Website
In order to place an order on the Website, the customer must have reached the age of majority, enjoy legal capacity and hold a credit card or any other payment instrument accepted on the Website (as indicated at the time of validating the order).
The customer undertakes to ensure that all the information communicated to the Company via the Website in the context of his/her order is compliant with these Terms and Conditions of Sale, accurate and up-to-date. Failing this, the Company reserves the right to cancel the order and the corresponding payment.
Company will not be responsible for any consequences of an inaccurate information provided by the customer.
It is expressly agreed between the Company and the customer that e-mails exchanged between the parties and any information registered on the Website through the Company’s automatic registration systems shall be held to be authentic and serve as proof.
The products are offered for sale on the Website to final consumers for their personal use only.
The Company will also be entitled to refuse any order: (i) placed by a customer with whom there is an outstanding dispute relating to the payment of any previous order; or (ii) that is not compliant with these Terms and Conditions of Sale.
4.2 Steps to place an order
Step n°1: selection of the products
On the Website, the customer selects the product(s) of its choice, their required quantity and, as the case may be, the relevant size or format, and adds the selected products to its shopping cart by clicking on the “BUY NOW” button.
Step n°2: verification of the selected products.
The customer may freely modify online his/her “CART” containing the products selected, remove a product initially selected, modify the quantities ordered or alternatively add a product to its “CART”. The price of the products selected will be automatically displayed in the “CART”.
Step n°3: order validation
Once the customer has made his/her selection and wishes to validate the contents of his/her “CART” he/she must click the “BUY NOW” button (or “PRE-ORDER” button in case of pre-orders) and then, identify himself/herself as follows: Place the order as a guest: by adding his/her name, address to which the order will be invoiced to him/her, telephone number. The customer must validate:
- The delivery address, which must be in one of the countries where Company offers the delivery of the products on its Website (See Article 2);
- The shipping method.
- The chosen payment method.
Once all this information has been duly fulfilled and validated, the price of the products, and, as the case may be, the extra shipping costs, will be automatically displayed on the Website and the customer must click on the “PLACE ORDER” button (or “PRE-ORDER” button in case of pre-orders).
After communicating its payment information, the customer must then click on the "PLACE ORDER" button in order to debit his/her bank account. Provided that the customer's bank has authorized the debiting of his/her bank account, his/her “SHOPPING BAG” will be directly forwarded to the Company’s department responsible for preparing orders; the customer will then see his/her order number displayed.
Step n°4: acknowledgement of receipt of the order
The Company will acknowledge having received the order by means of an e-mail sent to the email address communicated by the customer. This confirmation e-mail will contain the ordering and customer information and/or, where relevant, any difficulties concerning the order (availability of the products, delivery timeframes or payment difficulty). The orders are binding on the Company and the customer once a confirmation e-mail without reservations has been sent to the customer.
Step n°5: dispatching of the product(s)
At the time of dispatching the products to the delivery address chosen by the customer, the Company will send the latter an email informing him/her of the said dispatch. In case of pre-orders, the customer will receive the products at the latest in 6 months from the order confirmation e-mail.
Article 5 – Price of the products
The prices displayed on the Website are given in Euros and include all taxes applicable, such as VAT, but do not include extra delivery costs. Any bank charges remain the responsibility of the buyer (including in the case of a refund).
The amount of the extra transport costs will be automatically displayed, if relevant, on the Website at the time of the validation of the order.
The prices of the Products are those in force at the date of placing the order.
Article 6 – Payment
The customer's purchases will be paid by credit card. The following credit cards are accepted by the Company: VISA, MASTERCARD, AMERICAN EXPRESS, APPLE PAY, iDEAL, SOFORT BANKING, BANCONTACT, PAYPAL or any other ones indicated on the Website, at the moment of the transaction.
The customer undertakes to effect payment via a credit card of which he/she is to be the holder, which mentions his/her identity (surname and first name).
The customer will access a secure server that has been certified by a certification authority.
The customer must provide his/her credit card number and/or his/her bank details by filling in the online payment form.
The transaction will then be effected by the customer in accordance with secure banking standards, by communicating his/her credit card number and/or bank details; the customer unconditionally agrees in advance that the Company may complete the secure transaction in question. The authorization to debit the customer's account is always given only for the amount of the products bought.
The customer's credit card will then be debited after verification of its identification and banking information. If, for any reason whatsoever (objection, refusal on the part of the issuing centre, etc.), debiting the sums payable by the customer proves to be impossible, the order will not be registered by the Company and/or will be cancelled.
The Company reserves the ownership of the products until the full price of the products has been paid to Company, i.e. once the price has effectively been debited from the customer’s bank account.
Article 7 – Delivery
Products can only be delivered to the delivery address indicated by the customer at the time of placing his/her order, provided that such delivery address is located in one of the countries where Jean Paul Gaultier offers delivery of its products (see Article 2).
To that end, the customer undertakes to have communicated an exact delivery address to the Company.
Once payment of the amount payable for the products ordered has been duly validated, these products will be delivered to the delivery address indicated by the customer.
The products ordered will be delivered on the date or within the timeframe indicated on the Website and in the confirmation e-mail, without exceeding 7 business days as from the confirmation of the order.
Please note that in case of pre-orders, the delay between order validation and delivery may take up to 6 months.
The Company will deliver the products ordered by standard or express post as chosen by the customer. Please note that for international shipments, only express delivery is available.
Article 8 – Right of withdrawal
In accordance with EU Directive 2011/83/EU, the customer has a right of withdrawal that he/she may exercise until 14 days from the receipt of the products, or in case of multiple products purchased in one order 14 days from the receipt of the last of the products, without having to justify his/her decision, by returning to the Company the withdrawal form sent to him/her on demand by the customer service of the Company.
The customer must then return the products delivered:
- Either by following the steps of the procedure suggested by the customer service of the Company, in the context of which the costs of returning the products will be borne by the Company;
- By any other means chosen by customer, at his/her own expense. Customer is advised to keep any proof of having returned products, which presupposes that the products will be returned by the customer by recorded delivery or any other means that allows proof of a specific date of return.
The return of the products must be made by the customer:
- Within fourteen (14) days as from the time of his/her has notified to Company his/her intention to exercise his/her right of withdrawal;
- In their original packaging, with the sales tags still attached, in perfect condition, unused, and accompanied by all the accessories and documents provided with them at the time of delivery (notice, warranty, tags, certificate of authenticity, eyewear case, plastic film for swimsuit etc.) and the delivery slip enclosed with the products delivered.
Reimbursement of the price invoiced for products returned will be made by crediting the customer's bank account within (14) days as from the receipt by the Company of the returned product or, if earlier, the day on which the customer supplies evidence of having sent the products back.
Please note that this right of withdrawal may only be exercised from the reception of the product(s). Thus, it cannot be exercised during the time between the order confirmation and the reception of the product(s).
Any personalized, revised or altered products, or any product returned in a damaged, used, incomplete or soiled condition, may not be refunded or exchanged.
Article 9 – Legal warranties
The customer must verify that the product(s) delivered are compliant to his/her order.
Customer is informed that Company's products are subject to the following legal warranties concerning conformity and hidden defects, which apply independently from any commercial warranty provided, as the case may be, by Company:
The seller shall deliver a product compliant to the contract and is responsible for any lack of conformity which exists at the time of delivery. The seller is also responsible for the conformity defects resulting from the packaging, instructions for assembly or installation when these have been made its responsibility by the contract or have been produced under its responsibility.
The customer has the right to reject the product because of its lack of conformity within 24 months from the delivery of the goods.
Any non-conformities which appear within 24 months from the delivery of the products are deemed to exist at the time of delivery, unless the contrary is proved.
The customer may choose between the repair or replacement of the product, except where one of these options implies excessive costs for Company as regards the value of the product or the significance of the defect. In such case, Company may choose the second option which was not chosen by the customer.
The conformity warranty shall not imply any costs for the customer.
9.2 Hidden Defect
A seller is bound to a warranty for any hidden defects of the product sold which make the product unfit for the use for which it was intended, or which impair the use of it so that the purchaser would not have purchased it, or would only have offered a lower price for it, if purchaser had known them.
The customer has the right to reject the product because of its redhibitory defects within a period of two years following the discovery of the defect.
In case of hidden defects, the customer may choose between returning the product to Company and being reimbursed the price of the product, or keeping the product and obtaining a reduction in price.
If the products delivered are not the products that were ordered, the customer shall:
- Inform the Company as soon as possible, by means of an email sent to: email@example.com explaining why the product is not in conformity with his/her order number.
- Return the concerned product(s) in their original packaging, in perfect condition, unused, and accompanied by all the accessories and documents provided with them (notice, warranty, certificate of authenticity, etc.) and a copy of the delivery slip enclosed with the delivered product(s);
- Follow the steps of the return procedure suggested by the Company, as described on the Website link and/or in the return information notice that came with the order, in the context of which all the costs of returning the product(s) will be borne by the Company;
- The costs of returning the product(s) will however be borne by the Company, only if the customer is right in claiming that the product returned is not compliant with his/her order, and subject to providing evidences of said costs to the Company. They will then be reimbursed by crediting the customer's bank account accordingly;
- If it is not possible to exchange or repair the returned product, reimbursement of the price invoiced for non-compliant products that have been returned will be effected by crediting the customer's bank account within, at the latest, fourteen (14) days as from the Company's receipt of the returned products.
Article 10 – Intellectual property rights
The Company's products and trademarks whether figurative or not, and, in general, any other trademarks, illustrations, images, designs, models and logos displayed on the Website, are and will remain the exclusive property of the Company. Any contents published on the Website are protected by copyrights.
Nothing herein shall be construed as granting customer any right in the trademarks, products, distinctive signs of Company, and any intellectual property rights attached to it.
The customer undertakes not to download, disseminate, reproduce or modify the Website, either in whole or in part, in any form whatsoever.
The customer undertakes, more generally, to read and comply with the Terms and Conditions of Use of the Website, accessible by clicking on following link.
Article 11 – Personal Data
Company collects the following personal data: the identity, login and password chosen by the customer on the Website, its e-mail address, telephone number, the address of the customer's usual place of residence, the delivery address, the means of payment.
This data is strictly necessary in order to process the order and may only be communicated to the Company's contractual partners intervening in the performance of the order (e.g. banking institutions for the payment of orders or shipment companies ensuring delivery of the products).
The customer has the right to access, require deletion or modification of his/her personal data.
In order to exercise this right, he/she may send a letter to: firstname.lastname@example.org
However, customer is informed that without such data, Company may not be able to perform its order(s).
Article 12 – Liability
Company may only be held liable for direct damages resulting from its fault, negligence or fraud under these Terms and Conditions of Sale.
The products are designed for a personal and domestic use, to the exclusion of resale purposes. Company may not be held responsible for any loss of profits or business in relation with any resale activity carried out by customer.
Company may not be held responsible for any indirect damages resulting from the use of the products by customer or any third party. The loss or impossibility to use products due to events beyond the Company’s control may not give rise to any reimbursement or indemnification by Company.
Article 13 - Miscellaneous
The Company's performance of all or part of its obligations will be suspended, as of right, without liability, in the event of the occurrence of a force majeure case, as defined in article 1218 of the French Civil Code.
The Company will inform the customer of any such event within at the latest eight (8) days of its occurrence. If this suspension of the Company's performance of its obligations continues for more than thirty (30) days, the customer will have the possibility of cancelling the order in course. In this case, the customer will be reimbursed by the Company as soon as possible by crediting his/her bank account.
Should any of the provisions of these Terms and Conditions of Sale come to be declared wholly or partially null and void, the other provisions and all the other rights and obligations resulting therefrom will remain unchanged and will continue to be applicable.
Article 14 – Competent jurisdiction - Applicable law
The Terms and Conditions of Sale are submitted to French law, to the exclusion of the Vienna Convention on International Sales of Goods, without prejudice however to any applicable local public order regulations benefitting to consumers in accordance with EU Regulation 593/2008 (“ROME I”) of 17 June 2018.
In case of any dispute between Company and a customer located in the EEA that has not been resolved amicably by Company’s customer services, customer has the possibility to bring the matter before an independent dispute resolution body before going to court.
In that respect and in accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, Company adheres to the mediation service of the Center for mediation and arbitration of Paris (“CMAP”) whose contact details are as follows: 39 avenue Franklin Delano Roosevelt, 75008 Paris (FRANCE) http://www.cmap.fr/.
Customers based in the EU, Norway, Iceland, or Liechtenstein may also file a complaint on the following website, in order to seek online dispute resolution: http://ec.europa.eu/consumers/odr/. The European Commission will transfer complaints to the relevant national ombudsmen.
Where the dispute is not resolved amicably, such dispute shall be submitted to the competent courts of France, without prejudice to any rights the consumer may have under Regulation (EU) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, (“Bruxelles I bis”) of 12 December 2012. judgments in civil and commercial matters, (“Bruxelles I bis”) of 12 December 2012, or any other applicable law.
These Terms and Conditions of Sale have been updated in October 2021.
© JEAN PAUL GAULTIER, SAS, 2021 All rights reserved.