Terms and Conditions of Sale

Terms and Conditions of Sale

1. Legal Notice

The website https://www.lagambade.net (hereinafter the "Site") is open to all Internet users without conditions.

It is published by:
La Gambade Création, a micro-enterprise, with its registered office at 9B rue Yves Kermen 92140 Clamart and registered under SIRET number 51212907300023. It is hosted by: Shopify

The Site allows La Gambade Création to offer clothing products and accessories (the "Products") for sale to Internet users browsing the Site (hereinafter the "Customer").

As production is limited, if the customer purchases a product in stock, they acknowledge that they may not be able to change the size or model after receipt. If the customer wishes to be reimbursed for an order placed from stock and makes a request, the reimbursement procedure will be initiated immediately upon receipt of the returned item.

Any order or pre-order (hereinafter "Orders" or "Pre-orders") of Products featured on the Site implies prior consultation of these general terms and conditions (the "T&Cs") and their unreserved and irrevocable acceptance.

Consequently, the Customer acknowledges being perfectly informed that their agreement regarding the content of these T&Cs does not require a handwritten signature of this document, inasmuch as the Customer wishes to order online the Products presented in the Site's store.

The Customer declares having the capacity to enter into this contract, i.e., being of legal age, eighteen (18) years old, and not being under guardianship. The parties agree that their relations will be exclusively governed by these T&Cs.

La Gambade Création reserves the right to adapt or modify these T&Cs at any time. It is agreed that in case of modification, the version of the T&Cs applicable to any Order or Pre-order is that appearing online on the Site on the day the Order is placed.

These general terms and conditions of sale (hereinafter referred to as "the T&Cs") apply to any order placed on the website www.lagambade.net (the "site") concerning the purchase of products presented on the site (hereinafter referred to as "the products") by La Gambade Création, a micro-enterprise, with its registered office at 9B rue Yves Kermen 92140 Clamart and registered under SIRET number 51212907300023.

La Gambade Création reserves the right to adapt or modify these general terms and conditions of sale at any time, the version of the general terms and conditions of sale applicable to any transaction being that appearing online on the website www.lagambade.net at the time of the order.

Any order placed for a product featured in the online store of the website https://www.lagambade.net implies prior consultation of these general terms and conditions and their unreserved and irrevocable acceptance. Consequently, the consumer acknowledges being perfectly informed that their agreement regarding the content of these general terms and conditions of sale does not require a handwritten signature of this document, inasmuch as the customer wishes to order online the products presented in the site's store.

The consumer declares having the capacity to enter into this contract, i.e., being of legal age, eighteen (18) years old, and not being under guardianship.

2. Products

In accordance with Article L. 111-1 of the Consumer Code, La Gambade Création presents the Products for sale and their characteristics on the Site. The Customer has the possibility to know, before placing a final order, the essential characteristics of the Products they wish to purchase.

Stock offers presented by La Gambade Création are only valid within the limits of available stock.
The photos representing the Products are for indicative purposes only. These photos, like the texts illustrating the Products, are not part of the contractual scope.

3. Price

The prices displayed on the Site are indicated in euros, inclusive of all taxes (TTC), and are valid only on the date the Order is validated by the Customer. La Gambade Création reserves the right to modify them, without notice, at any time, it being understood that the billing of Products will be based on the rates in effect at the time of registration of the Order or Pre-order.
Prices do not include delivery charges, which are billed additionally and indicated before the validation of the Order or Pre-order. Prices include the VAT applicable on the day of the Order or Pre-order, and any change in the applicable VAT rate will be automatically reflected in the price of the Products appearing on the Site.

The payment of the total price must be made at the time of the Order or Pre-order. At no time can the sums paid be considered as deposits or down payments. These prices are guaranteed subject to typographical or printing errors.

The price of Products shipped outside the European Union and French overseas territories will be calculated excluding taxes. In this case, the Customer is considered the importer of the products. In the event of customs duties, import taxes, or other applicable charges due to the geographical destination of the products, these costs are borne by the Customer, who is recommended to carry out the necessary checks and procedures prior to validating their Order.

4. Payments

Products are payable in euros on the day of the effective Order.

To pay for their Order, the Customer has several payment methods, including PayPal with online payment through their site, and credit card.

For credit card payment, the Customer provides their credit card number, associated with its expiration date, as well as the cryptogram digits on the back of their credit card.

Accepted cards are: Visa, Mastercard, American Express.
 
Regardless of the payment method used, La Gambade Création covers the occasional bank fees incurred by the payment, up to the amount of the charged management fees.
Any other fees, for whatever reason, will be charged to the Customer or paid directly by them, as is the case for PayPal payments.

La Gambade Création reserves the right to suspend or cancel any Order or Pre-order and any delivery in case of refusal of credit card payment authorization from officially accredited organizations or in case of non-payment.

La Gambade Création specifically reserves the right to refuse to make a delivery or honor an Order or Pre-order from a Customer who has not fully or partially paid a previous order or with whom a payment dispute is ongoing.

The delivered goods remain the property of La Gambade Création until receipt of payment. The transfer of risks to the Customer occurs upon delivery of the Products.
The computerized records, kept in La Gambade Création's computer systems under reasonable security conditions, will be considered as proof of communications, Orders, and payments between the parties.
The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as evidence. 

Installment payment with Paypal. If you pay for your order in installments, you accept Paypal's customer general terms and conditions. In particular, you can only pay in installments for purchases whose amount is defined by Paypal. The fees applicable to this payment method are defined between the customer and Paypal.

5. Orders and Pre-orders

Any Order or Pre-order will be confirmed when the Customer clicks the "Place my order" button.
Confirmation of the Order or Pre-order implies the Customer's acceptance of the T&Cs and the essential characteristics of the Products.

As soon as the Order or Pre-order is registered, a confirmation email summarizing it (products, price, product availability, quantity, etc.) will be sent to the Customer by La Gambade Création. For this purpose, the Customer formally accepts the use of email for La Gambade Création's confirmation of their order content. In any event, invoices are provided upon delivery.

If the Product is in stock, the Order will be executed within a maximum of 7 days from the day following the day the Customer placed their Order. In the event of unavailability of the ordered Product, particularly due to suppliers, the Customer will be informed as soon as possible and will have the option to cancel their Order. Our pieces are produced in limited series as part of a slow fashion approach.
In accordance with the law, you have a period of 14 days from receipt of your order to exercise your right of withdrawal. Return shipping costs are at the customer's expense.
We invite you to choose your pieces carefully, as each return has an impact on our reasoned production and our artisans.

6. Delivery

6.1 DELIVERY LOCATION

Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the Customer's residential address or that of any other natural person of their choice, if this is clearly specified during the Order or Pre-order.
Delivery cannot be made to hotels or post office boxes.

When registering the Customer's personal details, the latter must ensure the accuracy and completeness of the mandatory data they provide.
In the event of an error in the wording of the recipient's details, La Gambade Création cannot be held responsible for the impossibility of delivering the Product(s).

6.2 DELIVERY TIMES

Delivery times are indicated when placing the Order. These are indicative times, expressed in working days and correspond to average processing and delivery times.
La Gambade Création cannot be held responsible for consequences due to a delay in delivery that is not its fault or is due to an act of force majeure.

6.3 RECEIPT OF PRODUCTS

Delivery is deemed to have been made upon handing over the Products to the Customer by the carrier, evidenced by the control system used by the latter.
Upon receipt of the Products, the Customer is required to check the condition of the merchandise packaging and report any damage due to the carrier on the delivery note, as well as to La Gambade Création, within three (3) days by sending an email to contact@lagambade.net or by sending an email via the contact form on our site.
The Customer may, upon request, obtain an invoice sent to the billing address and not to the delivery address.
Delivery costs are to be paid by the customer in France and worldwide. Return costs will be borne by La Gambade Création in case of return for non-conformity, except when the delivery address is not located in France. We cover return costs if necessary in France, but they are borne by our international Customers, except in the case of a non-conforming product, in which case we cover the return shipping costs.

7. Legal Guarantee


La Gambade Création is liable for defects of conformity existing at the time of delivery of the Product under the conditions of articles L. 217-4 et seq. of the Consumer Code.

When acting under the legal guarantee of conformity, the Customer:
- benefits from a period of two years from the delivery of the Product to act.
- can choose between repair or replacement of the goods; in accordance with article L. 211-19 of the Consumer Code, La Gambade Création cannot, however, proceed according to the Customer's choice if this choice entails a cost that is clearly disproportionate to the other modality, taking into account the value of the goods or the importance of the defect. It is then obliged to proceed, unless impossible, according to the modality not chosen by the Customer.
- is exempt from proving the existence of the defect of conformity of the goods during the twenty-four months following the delivery of the goods.
This legal guarantee of conformity applies independently of any commercial guarantee that may be granted.

The Customer may decide to invoke the guarantee against hidden defects of the sold item within the meaning of article 1641 of the Civil Code, which render it unfit for its intended use, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price for it, had they known of them. In this hypothesis, they can choose between rescission of the sale or a reduction in the selling price in accordance with article 1644 of the Civil Code.
The action resulting from redhibitory defects must be brought by the Customer within two years from the discovery of the defect.

8. Right of Withdrawal

In application of articles L.221-18 et seq. of the Consumer Code, the Customer has a period of fourteen (14) clear days from the date of delivery of the Order to exercise their right of withdrawal on their order.
This period runs from the receipt of the Products by the Customer.
The Customer must attach to their withdrawal request a copy of the invoice or any other element allowing identification of the Order in question, and its holder.
Only the Customer identified as such with La Gambade Création can exercise this right, to the exclusion of any other person, and particularly the recipient of the delivery (for example, in the case of a gift).

9. Return and Refund Policy


Any exchange or return must be declared by the Customer to La Gambade Création, via the contact form on the Site.
Products must be returned by the Customer no later than fourteen (14) days following the communication of their decision to withdraw.
The Product must be returned by the Customer in its original packaging or any equivalent packaging and in perfect condition (allowing re-marketing, neither worn nor washed), to request an exchange, refund, or credit note without penalty.
If the package is lost or damaged during the product return, the cost of the damage is borne by the Customer.
Products not returned within the aforementioned deadlines and conditions will not be refunded or exchanged by La Gambade Création.

The return address is:
La Gambade Création
9B rue Yves Kermen
92140 Clamart France
 
In accordance with article L. 221-24 of the Commercial Code, La Gambade Création undertakes to refund the sums collected for the Order or Pre-order within fourteen (14) days. This period runs from the earlier of the following two dates: (i) receipt by La Gambade Création of the returned Products or (ii) receipt by La Gambade Création of proof of shipment of the Products by the Customer.
The refund will be made by crediting the Customer's bank account corresponding to the credit card used for payment of the Order or Pre-order. If you have changed bank accounts, remember to provide your new bank details to your old bank.

10. Applicable Law

These general terms and conditions are subject to French law. In the event of a dispute or claim, the Customer will first contact La Gambade Création to seek an amicable solution.
The Customer is informed that any consumer can resort to a consumer mediator free of charge to amicably resolve a dispute with a professional. Consumer mediation applies to any national or cross-border dispute between a consumer and a professional within the framework of the performance of a sales or service contract.
It is possible to contact either a consumer mediator from the list available on the consumer mediation website, or to fill out the automated complaint form to get in touch with a dispute resolution body.

The request cannot be accepted by the consumer mediator if:
1° The Customer does not provide proof of having attempted, beforehand, to resolve their dispute directly with La Gambade Création by a written complaint according to the prescribed procedures;
2° The request is manifestly unfounded or abusive;
3° The dispute has previously been examined or is currently being examined by another mediator or by a court;
4° The consumer submitted their request to the mediator more than one year after their written complaint to La Gambade Création;
5° The dispute does not fall within their scope of competence.
The consumer will be informed by the mediator, within three weeks of receiving their file, of the rejection of their mediation request.
Failing recourse to mediation, the courts within the jurisdiction of the company's registered office will have jurisdiction.

11. IT and Freedoms


In order to provide the services offered on the Site, La Gambade Création may be required to process your personal data, particularly those collected during your registration on the site, or when placing your order.

The information and data concerning the Customer are strictly necessary for the management of orders, the execution and monitoring of commercial relations, as well as for internal statistical purposes.

This data may be transmitted to companies involved in these relationships (such as those responsible for the execution of services and orders) for their management, execution, processing, and payment. This data is also retained for security purposes, identification, improvement, and personalization of services.

The Client has at all times a right to access, rectify, and object to personal data concerning them, under the conditions provided by the law of January 6, 1978. To do so, they simply need to send an email to contact@lagambade.net and the necessary arrangements will be made immediately.

The Client may receive offers from La Gambade Création concerning products or services similar to those already ordered, or newsletters. They will have the option at any time to object to these for the future, free of charge, according to the procedures specified in each mailing.

We invite you to consult our Privacy Policy page for more information on how La Gambade Création uses your personal data.