Preamble, object and scope
Please read these general terms and conditions of sale and use our site only if you approve them.
These general terms and conditions, hereinafter referred to as “GTC”, rule the online sale of the products presented on the site gentlemaan.com and aims to define the terms and conditions of sale between the Seller and the Buyer from the placing of the order to the after-sales services, including payment and delivery. They are contracted between, on the one hand, the GENTLEMAAN Company, hereinafter referred to as “THE COMPANY”, “THE WEBSITE”, “THE SELLER” or “US” and, on the other hand, natural persons with legal capacity, acting for personal purposes and wishing to make a purchase via the website, hereinafter referred to as “THE CUSTOMER”, “THE BUYER” or “YOU”. Any joint mention of the seller and the customer shall be made in this contract under the name “THE PARTIES”.
The Seller carries on a commercial activity of designing products and services dedicated to jewellery, importing works of precious metals and retailing watchmaking articles through its website gentlemaan.com. The list and description of the goods and services offered by the Company can be found in the present general conditions of sale, which are subject to French law. The seller shall not be held liable in the event of non-compliance with the legislation of another country of destination.
The parties agree that these apply to all transactions made through the website, determine the respective rights and obligations of the parties and constitute the contract of sale. Placing an order implies the buyer’s full and unreserved acceptance of these general terms and conditions of sale, to the exclusion of all other information and conditions available on the site or documents such as brochures, catalogues and other physical or digital communications issued by the Seller, which are only indicative. The Customer acknowledges that he/she has been provided with the necessary information to ensure that the offer is suitable for his/her needs. In addition, the Seller ensures that acceptance of the general terms and conditions of sale is mandatory, clear and unreserved by providing a checkbox and a validation click before finalising the order. To this end, it is up to each Customer to read them before ordering.
If the Customer refuses to accept these general terms and conditions of sale, he/she will not be able to place an order on the site.
The Seller reserves the right to modify these general conditions of sale at any time and at its own discretion by publishing a new version on its website. The applicable GTC are those in force at the date of payment (or first payment in case of multiple payments) of the order. Generally speaking, in the event of a dispute, it is agreed between the Buyer and the Seller that the archiving of recorded information and communications may be produced as proof of the sales contract (electronic writing, order form, invoice, etc.) as to the nature and date of the order.
The Customer declares that he/she has legal capacity and is able to contract legally under French law or validly represent the natural person for whom he/she is contracting. If the Customer is a minor or does not have this legal capacity, he/she declares that he/she has parental permission or that of his/her legal representative. By placing an order, the Client assumes the position of a consumer and declares that he/she is a bona fide end-user and will not sell, deliver or distribute the Company’s products in any way, nor will he/she purchase products for commercial purposes or with the intention of damaging the business.
If, despite efforts, the product is no longer available or if the Company has valid reasons to believe that an order has been placed in violation of these general terms and conditions of sale, then it may refuse the order. Please note that any violation will result in immediate termination of our services.
The site reserves the right to modify the range of items offered and may, in particular, limit the quantity of products that may be ordered by a Customer in a single purchase transaction in order to limit dubious attempts and fraudulent payments.
Article 1: Prices
1.1 – The selling prices of our products, in accordance with the article L.112-1 of the code of the consumption, are indicated in euros all inclusive of tax for metropolitan France and the European zone, except participation in the expenses of port for the products concerned, except contrary indication, as well as the additional options to which the purchaser would be likely to subscribe in addition to the order.
1.2 – The prices displayed take into account any commercial discounts and reductions. If a promotional code is used, the discount will be applied directly to the buyer’s basket. The total amount due by the customer is shown on the order confirmation page of the website.
1.3 – The transfer of ownership takes place upon full payment of the order. In such a case, the Seller remains the owner of the products until the price has been paid in full, unless otherwise agreed in writing by the Seller.
1.4 – The Vendor reserves the right to change its prices at any time, at its own discretion and without notice. However, orders will be invoiced according to the rates in effect at the time the order is placed, subject to product availability.
1.5 – In accordance with article 293B of the CGI, the prices are not subject to VAT. For any delivery outside the European Union, the invoice is automatically established on the basis of prices excluding taxes. Due to the international nature of our delivery area, customs duties and import taxes may in some cases be added at the expense of the recipient at random and beyond the control of the Seller. As an importer, the customer accepts that in such cases it may be materially impossible for the Seller to provide him with accurate information on the total amount of the costs of importation and that he is solely responsible for the declaration and payment of all taxes and formalities that may be due in his country and undertakes to take all necessary legal steps with the competent authorities.
Article 2: Payment and method of payment
2.1 – Payment is due immediately upon ordering, including for pre-ordered products. The payment of your purchases is made by credit card: Visa, Mastercard, American express and other blue cards or through Paypal / Stripe. All orders will only be taken into consideration after payment has been received and will be validated by an order confirmation e-mail. A payment is considered confirmed once the purchase amount has been credited to the Seller’s account. In some cases the payment may take several days to be validated. If the customer has not paid the full amount at the time of ordering, the difference between the deposit paid and the full amount will be demanded before the product is delivered, unless GENTLEMAAN has given its prior written consent. Any temporary or permanent suspension of a means of payment cannot be attributed to the Seller.
2.2 – Online payments are made using the “SSL” security system, which encrypts your data when it is being transmitted over the network. The transaction is carried out via the secure payment module integrated into the site by a banking establishment. No sensitive data is processed or stored on the website. Despite the best efforts, any guarantee as to the security of this system is entirely the responsibility of the specialist company and the site cannot be held responsible for any damage or loss resulting from the use of the Internet network in the event of hacking.
2.3 – In certain cases, notably failure to pay, delivery address not referenced, erroneous information, suspicious payment or other problems on the Buyer’s account for non-compliant or dubious orders, as well as those from a customer with whom there is a dispute relating to the payment of a previous order or any other dispute of any kind, the Company reserves the right to refuse, cancel or suspend the order until the problem is resolved. Including any order with legitimate reasons and particularly if the quantities of products ordered are abnormally high for Buyers with consumer status. For security reasons, we reserve the right to limit or ban orders that, in our sole discretion, may appear to come from merchants, resellers or distributors. The Company may from time to time transmit or obtain information to authenticate the identity of the Customer, suspend a payment method, obtain initial authorisation and authorise or not authorise a particular purchase transaction.
2.4 – The Buyer guarantees that he/she is legally entitled to use the bank card used to pay for the order and declares that he/she is part of a mature public capable of understanding the implications and responsibilities of the business world and the economy. The debit of your order is made on the condition that you have obtained prior authorisation from your bank (or Paypal account), otherwise your order cannot be taken into account.
2.5 – Gentlemaan offers its customers a deferred payment service monitored and secured by the partner Partial.ly: please take note of the special conditions of sale concerning payment facilities.
To guard against fraudulent payment intentions and other malicious attempts, Gentlemaan reserves the right to cancel the order and/or extend its usual shipping time in order to make the necessary verifications. In the most extreme cases, this period may extend to the due date of the second payment.
Article 3: Products
3.1 – The products offered for sale are those described on the site. The Company takes great care to present the products in its collection as faithfully as possible. Despite our efforts, the site may contain omissions and/or old, incorrect or incomplete information. For this purpose, the photos, descriptions and contents used on the website are not contractually binding and are for information purposes only. Therefore, no claims related to these contents will be accepted. The Company cannot guarantee perfect conformity with the product (in particular due to certain parameters such as lighting, which may cause the colors of the product presented as a reference to differ slightly from the colors of the product delivered and/or inaccuracies in the characteristics provided by the suppliers). In case of non-conformity estimated by the Customer, he/she will be able to exercise his/her right of withdrawal within the legal period of 14 days from the reception as indicated in the return policy below.
3.2 – The Company undertakes to fulfil orders placed by the Buyer within the limits of available stocks and under the terms of these GTC. The Company undertakes to make every effort to keep the availability of products on the site up to date. In the event that, despite the Company’s vigilance, one or more products ordered by a Client are temporarily or permanently unavailable, the Client will be informed by e-mail. The Customer will then have the option of modifying or cancelling the order and resorting to a refund. In this case, the customer will be notified by e-mail once the order has been refunded. The Seller may also offer a voucher to be used for any future order and is under no obligation to pay any cancellation compensation to the Customer.
Article 4: Ordering
4.1 – Placing an order on the site is subject to compliance with the procedure set up by the Company, which consists of a succession of different compulsory steps to finalise the purchase. The Buyer fills the virtual cart by selecting the product and indicating the desired quantities, then provides the delivery information. When registering his personal information, the Customer must ensure the accuracy of the data required for the proper processing of his order. Finally, he/she declares that he/she has read and accepted these general terms and conditions of sale by ticking the box provided for this purpose. Before proceeding with the payment, the Customer has the possibility to check his order and if necessary to correct any errors. The Buyer expressly acknowledges that the transmission of his/her identity, card number, expiry date and cryptogram of the latter is deemed to be an authorization to debit his/her account for the amount of the product(s) ordered on the site. The online payment constitutes the conclusion of the sales contract and therefore the acceptance of the prices, products and quantities as well as the clauses contained in these GTC. Payment is the final step in the validation of the order and triggers the delivery. An e-mail confirmation of the order will be sent to the Customer in the form of an invoice to the e-mail address previously provided.
4.2 – Any request for modification or cancellation is subject to the acceptance of the Seller who is under no obligation to proceed with the reworking of the order which would generate additional processing costs. Indeed, it is provided by agreement between the parties that the payment is already validating and locking the order. However, the Seller will endeavor to take into consideration any request for modification or cancellation of an order received by the customer service department by means of a formal e-mail within a very short period of time (30 minutes after the order has been placed) to the address : firstname.lastname@example.org. After this period, the order will be considered final and it will no longer be possible to reverse it, and we will proceed to generate the dispatch notification confirming the sending of the package. The only recourse will be to exercise your right of withdrawal following receipt of the package, in accordance with our return policy below.
4.3 – The Seller certifies by e-mail that the product has been dispatched by communicating to the Customer the tracking number relating to the order. This number allows the Customer to track the delivery of the package in the carrier’s interface. The Seller reserves the right to inform the Customer about the delivery of his order by sending logistic notifications by e-mail.
4.4 – The Seller acknowledges receipt of the order by e-mail through the logistic information issued by the partner carrier.
4.5 – The seller reserves the right to contact the customer to request a deposit of notice following receipt of the order and subsequent use of said product, within a maximum period of 1 year from the day of the order.
Article 5: Delivery
5.1 – The Seller delivers the products ordered on the site in metropolitan France and abroad. The products will be sent to the delivery address previously indicated by the Customer during the ordering process. In order for the order to be processed correctly, the Customer must ensure that they have provided accurate and complete information regarding the delivery address and other mandatory data. In the event of an error in the delivery address, GENTLEMAAN cannot be held responsible for the impossibility of delivering the order.
5.2 – The processing and shipping time for orders may vary from one to three working days depending on the products ordered, available stocks and the delivery method chosen. In accordance with article 4 paragraph 3 of these general terms and conditions of sale, the Customer is informed of the shipment by e-mail. The deadlines indicated in the dispatch notification are optional for the Seller and purely indicative for the Customer and have no contractual value whatsoever. They correspond to the average delivery times and reflect the times announced by the partner carriers in number of business days. Despite our efforts, this figure may change due to factors such as logistical problems, strikes, customs control, annual holidays, Covid 19 and other special operations (inventory, fairs and exhibitions) which could slow down the delivery of your package. The delivery time is taken into account from the moment the package is handed over to the carrier and the tracking number is given to the Customer. The Company’s ability to intervene in the said delivery times ends at the moment the parcel is taken over by the logistics subcontractor. The Seller shall not be held liable for failure to respect its contractual obligations in the event of delay or if such failure is due to an incidental event or force majeure as defined by the applicable law.
5.3 – Delivery times depend on (1) the time it takes to confirm payment (2) the time it takes for the order to be processed by the customer service department (3) the delivery times of the partner carrier or carriers. Any delays in delivery shall under no circumstances give the right to a refund or other compensation. In the event of non-receipt of a delivery within the time limit indicated (as an indication), the Customer must first of all, thanks to his tracking number, check the information available on the routing of his order with the carrier. If the ordered product is not delivered by the end of this period, an automatic extension protects the Seller to deliver the order. In accordance with the law, the latter shall deliver the goods or perform the service at the latest thirty days after the conclusion of the contract.
If the search is unsuccessful, the Customer is invited to contact customer service at email@example.com or through the contact form. An investigation will then be opened with the carrier. During this investigation, no refunds or returns of goods can be made. If the investigation leads to the recovery of the package and enables the Seller to execute the delivery within a reasonable additional period of time, the contract is maintained and the Seller undertakes to fulfil the service. If, at the end of the investigation, the carrier considers the package to be lost, we will return a product to you at our expense.
If the legal deadline of 30 days is not met, the Customer may, after having requested the Seller to comply with the delivery within an acceptable additional period, cancel the contract by registered letter with acknowledgement of receipt following the withdrawal procedure defined below.
5.4 – Your package will be delivered to your mailbox or by hand, by a partner carrier. In the event of absence in the case of a parcel with signature, the carrier may either drop it off at a relay point or retry a delivery later. In this case, the Customer is required to check the delivery of his parcel and its type of deposit through the carrier’s website using its tracking number. In the case of a drop-off at a relay point, the customer is required to collect the parcel within a few days. After a certain period of time, the site cannot be held responsible if the package is returned to the sender. In this case, the costs of a new shipment shall be borne by the Customer.
5.5 – The Company undertakes to take all the precautions required for the execution of the delivery and the service offered to the Client. The Company is responsible, within the limits of these GTC, for sending the products to the address provided by the Customer and for the follow-up of the orders through specialized shipping companies. However, the beneficiary is responsible for checking the package on arrival and making any reservations and claims that appear justified to the delivering agent when possible. The Buyer is requested to refuse delivery if the merchandise is damaged, missing or if the package has been opened or damaged and shows obvious signs of deterioration or suspicion of repackaging and to notify the Seller immediately by a formal e-mail to : firstname.lastname@example.org or through the contact form. In his own interest, the customer is expected to have the damage recorded by the deliverer in order to be able to take out spoliation insurance, which will simplify the handling of the claim.
Otherwise, the Customer must send a registered letter to the carrier stating the reservations made when the package was opened within 3 days of delivery of the order. If not, any service will be automatically rejected and no refund or exchange can be considered. These instructions are beyond the control of the Seller and are only an extract from the application of the general terms and conditions of sale of the partner carriers indicated in these GTC for information purposes and without any guarantee of accuracy or recency of the information. The Seller will support your efforts to assert your rights within the limits of its responsibility and subject to compliance with the applicable procedure and supporting documentation. By default, no further recourse against the carriers can be supported by us and we cannot be held responsible in any way for the dispute between the transport company and the Customer. In order to ensure that no Customer is prejudiced, the Seller reserves the right to deal with such disputes on a case-by-case basis, and any refund, exchange or after-sales service is subject to its acceptance. In all cases, the Customer is invited to contact the Seller’s customer service department.
5.6 – Any merchandise accepted without reservations by the Buyer at the time of delivery and/or in the absence of immediate notice from the Vendor and a formal letter sent to the carrier within 3 days, is considered to have been delivered in good condition and in its entirety. In accordance with Article L138-4 of the French Consumer Code, any risk of loss or damage to the goods is transferred to the Customer at the time the Customer or a third party representative takes physical possession of the goods.
5.7 – The seller undertakes to deliver the package as quickly as possible. To do this, it uses specialized delivery companies that are recognized worldwide for their efficiency. However, the latter reserves the right to ship the order through the carrier it wishes, at its own discretion at the time of shipment, and is in no case required to deliver the package through a provider or specific means, without prior written agreement between the parties. The partner companies are UPS and Colissimo but not limited to them if needed.
Article 6: Returns, right of withdrawal, exchanges and refunds
6.1 – Prior to the return of the product(s) by the Customer, the latter must make a withdrawal request to customer service via the withdrawal form. The purchase invoice will be requested and the Customer will then be guided by email on the return procedure. Any returns received that are not returned in accordance with the procedures outlined by customer service and in these GTC may not be refunded. It is in the Customer’s interest to respect them in order to receive a prompt refund or compensation.
6.2 – In accordance with Article L121-20 of the French Consumer Code, the Customer has a right of withdrawal of 14 calendar days after delivery of the items, without having to give any reason. All return requests must be submitted to the customer service department. To do so, the Customer must unambiguously express his wish to return the product or products through the retraction formand return the product via a tracking solution to the address that will be communicated by e-mail (any risk related to the return of the product is the responsibility of the Buyer) and according to the procedure determined by the customer service. In this case, GENTLEMAAN will refund the amount corresponding to the product, with the cost of returning the ordered item(s) being borne by the Buyer.
6.3 – Your right of withdrawal may be exercised under the condition that the products have not been used or damaged and that the order is returned in its entirety, in its original packaging (case, card, manual, etc.) and in perfect condition for resale. Any loss of value will be charged to the Customer. If he is responsible for the depreciation of the goods received due to handling of these goods not being necessary to establish their nature, characteristics and proper functioning, then the right of withdrawal will be set aside or the Customer will be led to a partial refund. The Seller shall not be liable for any defects resulting from improper handling or use by the Customer or a third party.
6.4 – The refund will be assessed following receipt of your return to the address specified by customer service. The refund will be made within 30 days of receipt of the goods in our facilities. The Seller shall give preference to the original means of payment for refunding the Customer, but shall also reserve other refund options.
6.5 – Any items available for pre-order are neither exchangeable nor refundable. The same applies to items on sale or acquired during promotions.
6.6 – In the event of receipt of a defective or damaged product, the Customer must inform the customer service department by a formal e-mail on the same day or, at the latest, three days after receipt, indicating his/her name and order number at email@example.com. If necessary, depending on the scenario, he/she must follow the procedure described in Article 5, paragraph 5, in order to take the necessary steps with the carrier. If the problem seems to come from the product itself and not from the transport, the Buyer will have to join to the Seller photos of the article and/or the packing and join a clear and detailed description of the problem met with the product so that the Seller’s staff can note the dispute and proceed to the exchange (within the limit of available stocks) or to the refund of the order. If the product is defective, the Customer will not be charged for the return shipment. In all cases, in the event of receipt of a defective product, the Customer is invited to contact customer service in order to proceed with the replacement or full refund of the item.
6.8 – In addition, if, by chance, the Customer receives a product that does not correspond to his/her order (human error not being excluded), he/she will be invited to contact customer service within 3 days of receiving his/her order so that the Company can confirm this non-conformity and indicate the procedure for returning it at the Vendor’s expense.
Article 7: Legal warranty of conformity and hidden defects
All products on sale on the Site benefit from the legal warranty of conformity and the warranty against hidden defects. In accordance with the law, the Seller assures the Buyer of the repair of apparently defective products or the exchange of those that do not correspond to the order placed in accordance with the provisions of the law and of these general terms and conditions of sale.
Legal warranty of compliance
According to articles L.217-4 et seq. of the French Consumer Code, the Seller is obliged to deliver goods in compliance with the contract concluded with the Customer and to answer for any defects in conformity existing during the delivery of the Product. The guarantee of conformity may be exercised if a defect should exist on the day of acquisition of the Product. However, where the defect has arisen within 24 months of that date (or within 6 months if the order was placed before 18 March 2016 or the Product is sold second-hand), it is presumed to meet this condition. However, in accordance with Article L.217-7 of the Consumer Code, ” the Seller may rebut this presumption if it is not compatible with the nature of the [Produit] or the claimed lack of conformity“.
After this period of 24 months, however, it will be up to the Customer to prove that the defect existed at the time of taking possession of the Product.
In accordance with Article L.217-9 of the Consumer Code: ” in the event of a lack of conformity, the buyer chooses between repairing or replacing the goods. However, the seller may not proceed according to the buyer’s choice if this choice would entail a cost which is clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer “.
In case of non-conformity of a delivered Product, it may be returned to the Seller who will exchange it. If it is impossible to exchange the Product (obsolete Product, out of stock, etc.), the Customer will be reimbursed the amount of the order. The costs of the exchange or refund procedure (including the cost of returning the Product) shall be borne by the Seller. However, the sale cannot be rescinded if the lack of conformity is minor.
To be in compliance with the contract, the goods must be fit for the purpose usually expected of similar goods and, where applicable: correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model; have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling.
Legal warranty against hidden defects
According to articles 1641 to 1649 of the Civil Code, the Customer may request the exercise of the guarantee for hidden defects if the defects presented did not appear at the time of purchase, were prior to the purchase (and therefore do not result from normal wear and tear of the Product for example) and are sufficiently serious (the defect must either render the Product unfit for the purpose for which it was intended, or diminish that purpose to such an extent that the buyer would not have purchased the Product or would not have purchased it at such a price had he known of the defect).
Article 8: Product warranty policy
8.1 – Any request for a warranty must be made in advance and is subject to acceptance by the Vendor. You can file your warranty request by contacting customer service via the contact form and then follow the procedures stipulated by customer service.
8.2- The warranty on the products is a free service that is implicit in the order. It applies to the original purchaser of the product and subsequent owners of the product for the duration of the warranty. It covers manufacturing defects and any defect in design or material. The warranty period is 1 year from the date of purchase.
8.3 – The Customer is solely responsible for the order information it provides, which is necessary for all warranty claims. Including if the product has been purchased and offered by a third party. The invoice, among other things, serves as proof of purchase or of the authenticity of the products purchased and as proof of entitlement to this warranty. The Seller reserves the right to check whether the information matches the customer account in its database.
8.4 – The defective part must be sent to the head office for expertise at the Customer’s expense (the Seller declines all responsibility in case of damage, loss or theft during transport, therefore it is the Customer’s responsibility to take care of it). The right to this warranty is determined on receipt and after examination of the product by our teams. If the repair is not due for any of the reasons mentioned below, you will have to pay for a new shipment to regain possession of your goods. However, if you want us to repair your watch, you will be charged for this service. Nevertheless, the Seller reserves the right not to take responsibility for repairs not covered by the warranty conditions and to refer the Customer to a third party for repairs.
If, on the other hand, it is established that there is a material or manufacturing defect not due to wear and tear or other reasons mentioned above, the Seller will define the options of replacement, substitution or repair according to the availability of spare parts / product and the possibility of carrying out the repair. In this case, we will return the item to you in working order at our expense and reimburse the original shipping costs.
If the defective part is not repairable and the replacement of the product is impossible or requires more than three months from your declaration, you can obtain a full refund. This does not entitle the Buyer to any compensation.
8.5 – Attention, this warranty does not cover:
(1) Damage caused intentionally or by accident, misuse or abuse or abnormal use (crushing, falls, impacts and other damage)
(2) Attempted repairs or modifications: unauthorized changes such as adding or removing parts of the watch, or accessories not supplied by The Company will not be covered. Also, watches sold by an unauthorized retailer are not guaranteed.
(3) Damage related to waterproofing
(4) Lack of care or neglect (scratching, bouncing, abrasion, etc.)
(5) Natural wear and tear of materials
(6) Theft or loss
Please note that the warranty on our watches applies to the mechanical movement and its functioning and not to other parts such as the glass or the watch band.
Article 9: Limit of liability
9.1 – In accordance with Article 1147 of the Civil Code, the Seller is automatically contractually liable to the Customer in the event of non-performance or improper performance of the contract concluded. However, this contractual responsibility cannot be engaged if this non-performance is attributable to the consumer or in case of force majeure or fortuitous event as defined by the jurisprudence or a foreign and insurmountable fact of a third party which cannot be attributable to the Seller.
9.2 – We decline all responsibility in the event that the item delivered does not comply with the legislation of the country of delivery in question (outside the European Union). The Seller shall not be held legally responsible if the taxes are not paid by the Customer.
9.3 – Furthermore, in the event of non-substantial differences between the presentation photos of the articles on our site (as well as any text and illustrations) and the articles ordered, we shall not be held liable. The Seller and its suppliers are not responsible for or carrying any promise or warranty of success in your personal life.
9.4 – Under no circumstances shall we be liable for loss of profits, loss of data, costs or any other indirect or unforeseeable damage not agreed upon in the conditions of use of the site and in the conclusion of the sales contract.
9.5 – The Seller shall not be held liable for any damages of any kind, either material or immaterial, which may result from improper use of the products sold. The same applies to any changes in the products resulting from the manufacturers. The responsibility of the Company is systematically limited to the value of the product in question, value at its date of sale and this without possibility of engaging abusive or disproportionate recourse towards the platform of sale for simple errors or omissions judged human which would have been able to remain in spite of all the precautions taken in the presentation of the products available to the sale. No compensation may be claimed other than that provided for in the Consumer Code and these GTCs and may in no case exceed the amount of the order.
9.6 – For all stages of access to the site, consultation, browsing, filling in forms, placing orders and any other interaction, the Seller has only an obligation of means. Consequently, the Website cannot be held responsible for any inconvenience or damage inherent in the use of the Internet network and totally external to the diligence and precautions taken by the Website to ensure an optimal quality of service. En particulier, toute perturbation dans la fourniture du service, ou toute intrusion extérieure ou présence de virus informatique, ne saurait être imputable au Vendeur de même, tout fait qualifié de force majeure au sens de la jurisprudence exonère totalement le site de toute responsabilité.
We make no warranty or claim that your use of our Service will be uninterrupted, fast, or error-free. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services provided to you through the Service are (unless we expressly state otherwise) provided on an “as is” and “as available” basis for your use without representation, warranty or condition of any kind, either express or implied. We do not warrant that the quality of any products, services, information, or other merchandise obtained or purchased by you will meet your expectations, nor do we warrant that any errors in the Service will be corrected insofar as the malfunction, unavailability of access, misuse, use of a particular browser, and other misconfigurations of the Customer’s computer are beyond the Company’s control.
9.7 – Hypertext links may point to other websites. These other sites are not under our control and as such we cannot be held responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of these sites.
Article 10: Intellectual Property
10.1 – All the contents of this Site are protected by the laws in force on intellectual and/or industrial property. All elements are owned by the Seller or a third party agent, or are used by the Seller with the permission of their owners. Any reproduction, representation, adaptation of logos, textual, pictographic or video content, without this list being restrictive, is strictly forbidden. Indeed, We grant You access and use of the Site for your personal use. Under no circumstances You are allowed to download, reproduce, copy, sell, exploit or modify all or part of this Site (including products listed, descriptions, prices, downloading or copying of information, use of data, software, sound extracts, graphics, images, texts, photographs, tools…) without Our express written permission.
10.2 – Any Customer (as well as any natural or legal person) who is guilty of infringement may have his account deleted without notice or compensation and without this deletion constituting damage to him, without prejudice to any subsequent legal proceedings against him, at the initiative of the Seller or his agent. Trademarks, patents, designs, products, domain names, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of Gentlemaan. No transfer of intellectual property rights is made through these General Terms and Conditions of Sale. Any total or partial reproduction, modification or use of these goods for any purpose whatsoever is strictly prohibited.
10.3 – The trademarks and logos contained in the Site may be registered by The Company. Any person proceeding to their representations, reproductions, imbrications, diffusions and rebroadcasts incurs the sanctions provided for in articles L.713-2 and following of the Intellectual Property Code.
10.4 – For the proper management of the site, the editor may at any time suspend, interrupt or limit access to all or part of the site for updates, delete any information that may disrupt its operation or contravene national or international laws. You agree that we may discontinue the Service at any time, without notice to you, in view of the Seller’s free will on its business. This does not in any way release it from the obligation to fulfil outstanding orders.
Article 11: Comments and suggestions from users
11.1 – If, at our request, you submit specific content (for example, to participate in contests), or if, without our request, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by mail, or otherwise (collectively, “Feedback”), you grant us the right, at any time, and without limitation, to edit, copy, publish, distribute, translate, and otherwise use in any media any Feedback you send to us. We are not and shall not be required to maintain the confidentiality of comments; to pay compensation to anyone for any comments provided; to respond to comments.
11.2 – We may, but are under no obligation to, monitor, edit or remove content that we believe, in our sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or which infringes any intellectual property or these GTCs.
11.3 – You agree to write comments that do not violate the rights of third parties, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. You also agree that your comments will not contain any illegal, defamatory, offensive or obscene material, nor will they contain computer viruses or other malicious software that could in any way affect the operation of the Service or any associated website. You may not use a false email address, pretend to be someone you are not, or attempt to mislead us and/or third parties as to the origin of your comments. You are entirely responsible for all comments you post and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any other third party.
Article 12: Invalidity and modification of clauses
12.1 – If any of the provisions of these GTCs are null and void, they shall be deemed to be unwritten, but this shall not invalidate all the contractual provisions which shall remain in force between the parties.
Any tolerance on the part of the Company, in the application of all or part of the commitments made within the framework of these GTCs, regardless of their frequency and duration, shall not constitute a modification of the GTCs, nor generate any right whatsoever for the Customer.
12.2 – Any modification or amendment to a contract, whether in progress or not, is only valid after a written and signed agreement by the parties.
Article 13: Jurisdiction, applicable law and mediation of disputes
13.1 – These general conditions of sale are subject to French jurisdiction. The French courts therefore have exclusive jurisdiction to deal with disputes.
13.2 – In the event of any difficulty, the customer service department is at your disposal to find an out-of-court solution.
13.3 – If no solution is found, the Customer has the possibility of resorting to a conventional mediation insured by the European Commission.