Any online purchase made on the andrewgn. com website is subject to prior knowledge and acceptance of these general conditions of sale.
Article: Articles of any kind offered for sale (e-commerce service) on the Site
Customer: natural person who is not a merchant carrying out the Order and possesses full legal capacity.
Order: commitment to purchase all the Articles selected by the Customer via the electronic commerce service of the Site.
Site: merchant site edited by Andrew Gn and accessible at andrewgn. com
Company: Andrew Gn company
The Site proposes to the Customer the possibility of acquiring clothing shoes and fashion accessories.
Before any use of the Site, the Customer must ensure that he/she has the technical and computer means to use the Site and to order the articles of the Site, and that his/her browser allows secure access to the Site. The Customer must also ensure that the computer configuration of its hardware/equipment is in good condition and free of viruses.
The purpose of these General Terms and Conditions is to define all the conditions under which the Company markets the articles as proposed for sale on the Site to the Customer. They therefore apply to any Order ("Ordering") for items placed on the Site by the Customer.
The Customer declares having read and accepted the present General Terms and Conditions before placing his Order.
The validation of the Order therefore constitutes acceptance of these General Terms and Conditions. These are regularly updated, the applicable General Terms and Conditions are those in force on the Site at the time of placing the Order. The Customer will be informed of changes to the Terms and Conditions by any means.
Any contrary condition imposed by the Customer would therefore, in the absence of express acceptance, be unenforceable against The Company at any time when it may have been brought to its attention.
The fact that the Company does not at any time avail itself of any provision of these General Terms and Conditions shall not be construed as a waiver of any subsequent provision of these General Terms and Conditions.
The articles offered for sale are described and presented with the greatest possible accuracy. Nevertheless, a minimal variation in the color of the Articles does not engage the responsibility of The Company and does not affect the validity of the sale
The Company reserves the right to correct the content of the site at any time.
The Customer selects the item (s) he/she wishes to purchase, and can access the summary of his/her Order at any time.
The summary of the Order contains a list of the items that the Customer has selected, and includes any additional costs such as the delivery price added to the price of the items in the Order. The Customer has the possibility of modifying his Order and correcting any errors before accepting his Order.
After accessing the summary of his Order, the Customer confirms the acceptance of his Order by checking the box for validation of the General Terms and Conditions, then clicking on the icon for validation of the Order.
After acceptance of the General Terms and Conditions and validation of the Order with payment obligation, the contract is validly concluded between the Company and the Customer and irrevocably binds them.
After the validation of his Order and in order to be able to proceed with the payment, the Customer enters the details to which he wishes to obtain the invoicing of the article (s) ordered, and the delivery if these addresses are different. The delivery process of the item (s) is described in Article 5 of these GTC.
The Customer validates its billing and delivery details if applicable by clicking on the checkbox in the contact information validation box. The Company then sends him an order confirmation by email, containing the elements of the summary of his Order and the invoicing and, if necessary, delivery addresses.
After validating his billing and delivery details, the Customer shall proceed with the payment of his Order according to the terms and conditions specified in articles 5.3 and following of these GCS.
Our offers of articles are proposed within the limits of available stocks. Errors may exceptionally exist, such as in the case of simultaneous purchase orders of the same material by several customers.
In the event of an unavailability of article after placing your order, we undertake to keep you informed by email or telephone as soon as possible.
When an item is no longer available, it will be displayed "Out of stock" and therefore it is no longer possible to order it.
However, if the article in question were to be available again on the site, you can receive an email automatically to be kept informed by clicking on "Receive an email if available".
andrewgn. com does not incur any liability in the event of stock shortage or unavailability of items.
The prices are mentioned on the Site in the descriptions of the articles, in euros and all taxes included. If the sale involves payment of customs duties, these are payable by the Customer, in accordance with Incoterm: Delivered at Place (DAP).
The total amount is indicated in the summary of the Order, before the Customer accepts these Terms and Conditions, validates his Order, completes and validates his billing and, if applicable, delivery details and makes payment. This total amount is indicated in all taxes included.
The Order of articles on the Site is payable in euros. The totality of the payment must be carried out on the day of the Order by the Customer, by credit card, except for special conditions of sale accepted expressly by the Customer and the Company (see article "Preorder").
In case of payment by credit card, the Site uses the security system of Hipay, a service provider specialized in the security of online payment. This system guarantees the Customer total confidentiality of his banking information. The bank transaction by credit card, carried out between the Customer and the secure system is therefore completely encrypted and protected. This means that information related to the Order and the credit card number do not circulate on the Internet. The Customer's bank details are not stored by the Company.
Once the pre-order has been accepted, we will not be able to modify the order. We will try to respond to late pre-order requests, but this remains at our discretion. As soon as the pre-order has been placed and the item is no longer available for pre-order on the Site, it can only be cancelled if the shipment is inevitably delayed. In this case, we will do our best to cancel the order if necessary. Any delay, change of production or cancellation will be communicated to the customer upon confirmation of the production stages.
If you order Pre-Order Items, you will have to pay fifty percent (50%) of the amount due in advance at the time of order, excluding delivery charges and taxes. We will invoice the remaining fifty percent (50%) of the amount due, plus shipping costs, and any taxes or duties due at the time the Item is ready for despatch. Please note that any credit available on the site will automatically be applied to the balance of any pending order.
Please note that due to the "pre-sale" nature of these transactions, you should expect a waiting period of approximately three to five (3 to 5) months from the date you place your order to the date the Item is ready to ship. The estimated delivery window will be noted on the article sheet of the corresponding Pre Order Item.
For Pre-Order Items, all applicable shipping charges, taxes and customs duties will be charged at the time the Item is ready to ship and for all other Items, such shipping charges, taxes and customs duties will be charged at the time you place your order for the Item. Shipping charges, import taxes and duties paid are non-refundable.
The articles offered on the Site may be delivered to France (excluding the French Overseas Departments and Territories and Spain), Spain, the United Kingdom, Germany and Italy. In the event of delivery outside the European Union, customs and delivery charges will be charged to the Customer.
The Company undertakes to deliver the items within a period not exceeding 7 days from the date of the Order.
The Customer is informed by email, when his Order is ready, of his shipment. The article (s) ordered is (are) delivered to the delivery address indicated by the Customer at the time of its Order under the conditions specified in article 5 (in full) of these General Terms and Conditions.
The Customer must ensure that the information communicated referred to in article 8 and mentioned in the confirmation email referred to in article 3.9 of these GCS are correct, and that they remain so until complete delivery of the article (s) ordered. The Customer therefore undertakes to inform the Company of any change in billing and/or delivery details that may occur between the Order and delivery, by sending an email immediately to the customer service email address.
Failing this, in the event of delay and/or delivery error, the Customer shall not be held liable by the Company for any failure to deliver, and the Company's Customer Service Department shall contact the Customer for a second delivery at the Customer's expense.
The Company will also not be liable if the non-receipt of items is due to the fact of a third party outside its intervention or in the event of theft.
In the event of return of the Order due to the Customer's absence, the Company's customer service department will contact the Customer for a second delivery at the Customer's expense.
The Customer may track the delivery of his Order by contacting the Customer Service Department whose number appears in ARTICLE 6 of these GCS.
For any request for information, clarification or complaint, the Customer must contact, as a matter of priority, the Customer Service Department of The Company, in order to allow the latter to try to find a solution to the problem.
The Company's Customer Service Department is available between 9:30 am and 1:00 pm and between 2:30 pm and 5:00 pm, Monday to Friday, using the following contact information:
telephone (not surtaxed): 01 44 61 74 00
mail: Andrew Gn Customer Service, 74 rue du Temple, 75003 PARIS, France
All articles offered by the Company are subject to the legal guarantee of conformity provided by law, and in particular articles L. 217-4, L. 217-5 and L. 217-12 of the Consumer Code, and to the guarantee of latent defects provided by articles 1641 and 1648, first paragraph, of the Civil Code:
Article L. 217-4 of the Consumer Code:'' The seller delivers a good in conformity with the contract and is liable for any defects in conformity existing at the time of delivery, and also for any defects in conformity resulting from packaging, assembly instructions or installation when the latter has been charged to him by the contract or carried out under his responsibility''.
Article L. 217-5 of the Consumer Code:"The good is in conformity with the contract:
1° If it is fit for the use usually expected of a similar property and, where applicable:
if it corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model;
if it presents the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it presents the characteristics defined by mutual agreement between the parties or if it is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.
Article L. 217-12 of the Consumer Code:"The action resulting from the lack of conformity is time-barred within two years from the delivery of the good.
Article 1641 of the Civil Code:'' The seller is bound by the guarantee because of the latent defects of the thing sold which make it unfit for the intended use, or which diminish so much this use that the buyer would not have acquired it, or would have given only a lesser price, if he had known them''.
Article 1648 of the Civil Code, first paragraph:"The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
If a Customer believes that he/she has received an item considered defective or non-compliant, he/she should contact the Company as soon as possible after receipt of the Order, at the following e-mail address: firstname.lastname@example.org, or by registered mail with acknowledgement of receipt at the following address: Andrew Gn, 74 rue du Temple 75003 Paris, France, specifying the defect or non-compliance in question.
It is the Customer's responsibility to provide any justification as to the designation of apparent defects and/or anomalies noted. The Customer shall leave to the Company any facility to proceed with the detection of these defects or non-compliances and to remedy them if necessary. It will refrain from intervening itself or involving a third party for this purpose.
If defects and/or anomalies are confirmed by the Company, the latter will then send instructions to the Customer on how to proceed after having read the complaint thus formulated and, if necessary, will proceed to the replacement of the article for which the Company would have been led to note the lack of conformity, or the defect.
In the event that it is impossible to exchange the item, the Company shall be obliged to reimburse the Customer within fourteen days of receipt of the item. Reimbursement will be made on the Company's proposal by crediting the Customer's bank account, with the Customer being able to opt for a different method of reimbursement than that proposed.
The Customer undertakes to comply with the terms of these GTC.
The Customer undertakes to use the Site and the articles in accordance with the Company's instructions.
The Client agrees that he/she uses the Site only for his/her own personal use, in accordance with these GCS. In this respect, the Customer agrees to abstain:
To use the Site in any way unlawful, for any illegal purpose or in any way incompatible with these Terms and Conditions.
To sell, copy, reproduce, reproduce, rent, lease, lend, distribute, transfer or sublicense all or part of the contents appearing on the Site or to decompile, reverse engineer, disassemble, modify, display in readable form by the Customer, attempt to discover any source code or use any software that activates or includes all or part of the Site.
To attempt to gain unauthorized access to the Site's computer system or to engage in any activity that disrupts, impairs quality or interferes with performance or degrades the functionality of the Site.
Use the Site for abusive purposes by deliberately introducing viruses or other malicious programs and attempting to gain unauthorized access to the Site.
To infringe the Company's intellectual property rights and/or to resell or attempt to resell the items to third parties.
To denigrate the Site and/or articles as well as the Company on social networks and any other means of communication.
If, for any reason whatsoever, the Company considers that the Customer does not comply with these General Terms and Conditions, the Company may at any time, and in its sole discretion, terminate access to the Site and take all measures including any civil and criminal proceedings against it.
In accordance with articles L. 121-18 et seq. of the Consumer Code, the Customer has a period of 14 clear days from receipt of the last article ordered on the Site to exercise his right of withdrawal from the Company, without having to justify reasons or pay a penalty.
In order to exercise its right of withdrawal from the Order, the Customer must notify its decision to withdraw by means of an unambiguous declaration, without giving reasons. The Customer may communicate his decision to withdraw to the Company by any means, notably by sending it by mail to the Company at the following address: Andrew Gn, Customer Service, 74 rue du Temple, 75003 Paris or by e-mail at email@example.com.
The Customer has on the Site a withdrawal form, to print and complete with the order number. Once completed, the withdrawal form can be sent directly to the Company. The form can be found at the following address:[link to the form available on the website].
In the event that the Customer notifies the Company of its decision to withdraw, by any means whatsoever, the Company will immediately send it an acknowledgement of receipt of the withdrawal on a durable medium (in particular by e-mail).
The Customer must return the item (s) in the same condition as the one in which it was received, and with all the packaging elements, accessories, labels attached and notices (even if the item (s) have been unpacked), as soon as possible and no later than 14 days after the notification of the decision to withdraw from this contract, to the following address: Andrew Gn, Service Retour, 74 rue de France. In accordance with the law, the Customer shall bear the cost of returning the item or items.
The Customer is invited to indicate the reason for return/retraction in order to help the Company improve its service.
In the event of the Customer's withdrawal, the Company shall reimburse the article or articles which have been subject to the right of withdrawal by the same means of payment as that used for the initial transaction, unless the Customer expressly agrees otherwise. In any case, this refund will not entail any expenses for the Customer. Reimbursement shall be effected as soon as possible and no later than 14 days from the day on which the Company is informed of the Customer's decision to withdraw its Order.
In accordance with article L. 221-23 of the Consumer Code, the Customer is informed that his responsibility is engaged towards the Company only for an impairment of the articles, returned following the exercise of his right of withdrawal, resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this or these goods.
All products not eligible for return will be noted in the product details. No return or exchange will be accepted on the following items and the sale of the following items will be considered as a final sale:
Items on Sale
Articles in Special Order
The Company shall take all necessary measures to ensure that the Customer is provided with quality products under optimum conditions. However, under no circumstances shall it be liable for any non-performance or improper performance of all or part of the services provided for in the contract, which is attributable either to the Client or to the unforeseeable and insurmountable event of a third party outside the contract, or to force majeure. More generally, if the Company's liability were to be incurred, it could in no case agree to indemnify the Client for indirect damages or for which the existence and/or the quantum would not be established by evidence.
The Site may contain links to other sites not edited or controlled by the Company, which cannot be held responsible for the operation, content or any element present or obtained through these sites.
The setting up of such links or reference to any information, articles or services provided by a third party, cannot and should not be interpreted as an express or tacit endorsement by the Company of these sites and elements or their contents.
The Company is not responsible for the availability of these sites and cannot control their content or validate the advertising, articles and other information published on these websites.
It is expressly stipulated that the Company shall not be held liable in any way whatsoever in the event that the Customer's computer hardware or electronic mail rejects, for example due to anti-spam, the e-mails sent by the Company, and in particular, without this list being exhaustive, the copy of the payment receipt, the summary statement of the Order referred to in article 4.9 hereof.
The Customer is fully aware of the provisions of this article and in particular the above-mentioned warranties and limitations of liability, essential conditions without which the Company would never have contracted.
The Company attaches great importance to respect for privacy and takes all necessary measures to ensure the confidentiality and security of the Customer's personal data. It will keep the site's cookies retrieved by computer navigation, tablet and phone for 13 months.
In connection with the supply of articles, the Company collects the Customer's personal data and in particular the following data:
- Email address
Mailing address and delivery address
- Date of birth
Bank details only when ordering (transmission to the payment service provider)
For this purpose, the Client's data processing is declared to the CNIL under number 1556330.
The Company collects and processes the Customer's personal data for the following purposes:
Supply of articles and services on the Site;
Management of returns, exercise of the right of withdrawal, payment, invoicing...;
Information on the Company, its services and activities;
Answer to any questions/claims from the Client;
Elaboration of statistics;
Management of requests for access, rectification and opposition rights;
Management of arrears and litigation.
The data relating to the management of the Customer's personal data are kept for the duration strictly necessary as defined by the Data Protection Act as amended.
The Customer's personal data are processed by the Company's sales department as well as by the Company's partner companies and subcontractors.
The Company may also communicate personal data in order to cooperate with administrative and judicial authorities.
The Company ensures the security of the Customer's personal data in an adequate and appropriate manner and has taken the necessary precautions in order to preserve the security and confidentiality of the data and in particular to prevent it from being distorted, damaged or communicated to unauthorized persons.
Obligations of the Client
Customers acknowledge that the personal data disclosed by them are valid, up-to-date and adequate;
The Clients undertake not to infringe the privacy, image and personal data protection of any third party and thus not to communicate to the Company the data of third parties without their consent.
Pursuant to the Decree n°2011-219 of February 25,2011 relating to the retention and communication of data allowing the identification of any person who has contributed to the creation of an online content, the Customer is informed that the host of the Site has the obligation to keep for a period of one year from the day of the creation of the content, for each operation contributing to the creation of a content:
The identifier of the connection at the origin of the communication;
The identifier assigned by the information system to the content, the object of the operation;
The types of protocols used for connection to the service and transfer of content;
The nature of the operation;
The date and time of the operation;
The identifier used by the originator of the transaction when it was provided by the originator.
In the event of termination of the contract or closure of the account, the hosting provider must also keep for one year from the day of termination of the contract or closure of the account the information provided at the time of subscription of a contract (Order) by the Customer or at the time of creation of an account, namely:
At the time of account creation: the username of this connection;
Name and surname or company name;
The associated postal addresses;
The pseudonyms used;
E-mail addresses or associated account addresses;
The password and the data used to verify or modify it, in their last updated version.
Each computer connected to the Internet has an IP address. As soon as a Customer browses the Site, the Company collects the Customer's IP address in order to analyze traffic on the Site and to monitor the Customer's activity on the Site in order to ensure that the Customer does not carry out acts likely to infringe the General Terms and Conditions of Sale appearing on the Site.
Finally, in accordance with the French Data Protection Act of 6 January 1978, Clients have the right to access, rectify, delete and oppose the processing of their data collected and processed by the Company for legitimate reasons, by contacting the Company directly at the following email address: firstname.lastname@example.org
COOKIES AND STATISTICAL TOOLS
In accordance with the CNIL's decision n° 2013-378 of December 5,2013, the Company also informs Customers that cookies record certain information stored in the memory of their hardware/equipment. This information is used to improve the use and operation of the Site and the Company's other services. An alert message asks each person visiting the Site, beforehand, if they wish to accept cookies. These cookies do not contain any confidential information about Customers.
The Customer visiting the Site's home page will be informed:
precise purposes of the cookies used;
The ability to oppose cookies and change settings by clicking on a link in the banner;
and the fact that the continuation of its navigation is an agreement to the deposit of cookies on its terminal.
In order to guarantee the Customer's free, informed and unequivocal consent, the banner will not disappear until he/she has continued browsing.
Cookies will not be stored or read without the Client's prior consent:
if the Customer visits the Site (homepage or directly on another page of the Site) and does not continue to navigate: a simple absence of action cannot be considered as a demonstration of will;
or if he/she clicks on the link in the banner that allows him/her to set cookies and, if necessary, refuses to accept cookies.
The Customer undertakes not to compromise the security of the Site. To this end, it undertakes not to carry out any fraudulent access and/or maintenance in the Company's information system. The Customer may not harm or interfere with the Company's information system. Failing this, the Company may take any measure against it, including criminal liability under Articles 323-1 et seq. of the Penal Code.
All elements of this Site and the Site itself are protected by copyright, trademark, design and/or other intellectual property rights. These elements are the exclusive property of the Company. All these rights are reserved for the whole world.
No title or right in any material or software will be obtained by downloading or copying material from this Site. No title or right in any material or software will be obtained by downloading or copying material from this Site. The Customer is expressly prohibited from reproducing (except for his personal and non-commercial use), publishing, publishing, editing, transmitting, distributing, distributing, displaying, removing, deleting, adding to this Site and the elements and software it contains, or modifying them or doing any work based on them, or selling or participating in any sale in connection with this Site, the elements of this Site or any related software.
The Company grants the Customer a non-exclusive license to use the Site. This license is strictly personal and may not be assigned or transferred to any third party. The license is granted for the duration of use of the Site.
Any use by the Client of corporate names, trademarks and distinctive signs belonging to the Company is strictly prohibited except with the express and prior agreement of the Company.
By registering on the Site, the User expressly consents to the Company sending electronic messages such as SMS, MMS, newsletter or any other electronic communication to him/her at a frequency and in a form determined by the Client.
For each mailing, the Society will offer in the body of the message the possibility to unsubscribe from the mailing list. By registering on the Site by choosing to provide its contact information, the User agrees to receive commercial offers from the Company electronically.
These GTC are governed by and construed in accordance with French law, without regard to principles of conflict of laws.
In the event of any dispute that may arise in connection with the interpretation and/or performance of these Terms and Conditions or in connection with these Terms and Conditions, the Customer may decide to submit the dispute with the Company to a conventional mediation procedure or any other alternative dispute resolution procedure.