Terms and conditions of sale

PREAMBLE, PURPOSE AND SCOPE OF APPLICATION

Please read these terms and conditions and use our website only if you agree with them.

These general terms and conditions, hereinafter referred to as the « GTC », govern the online sale of the products presented on the site gentlemaan.com and are intended to define the terms and conditions of sale between the Vendor and the Purchaser, from order placement through payment and delivery to after-sales services. They are concluded 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 in this contract will be referred to as «THE PARTIES».

General information

The Seller is engaged in the business of designing products and services for the jewelry industry, importing precious metal articles and retailing watches through its website. The list and description of the goods and services offered by the Company can be found in these general conditions of sale, which are governed by French law. The seller may not be held liable in the event of non-compliance with the legislation of another destination country.
The parties agree that these apply to all transactions carried out via the website, determine the respective rights and obligations of the parties and constitute the sales contract. Placing an order implies the buyer’s full and unreserved acceptance of these terms and conditions of sale, to the exclusion of all other information and conditions available on the site or documents such as prospectuses, catalogs and other physical or digital communications issued by the Seller, which are for information purposes only. The Customer acknowledges that he has received the information necessary to ensure that the offer meets his needs. Finally, the Seller ensures that acceptance of the general terms and conditions of sale is compulsory, clear and unreserved by setting up a checkbox and a validation click before finalizing the order. It is up to each customer to read them before ordering.
If the Customer refuses to accept these terms and conditions of sale, he will not be able to place an order on the site.

General provisions

The Vendor reserves the right to modify these terms and conditions of sale at any time and at its own discretion by publishing a new version on its website. The GCS applicable are those in force on the date of payment (or first payment in the 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 declares that he has parental authorization or that of his legal representative. By placing an order, the Customer assumes the position of a consumer and declares that he/she is a bona fide end-user and that he/she will not sell, deliver or distribute the Company’s products under any circumstances, nor purchase products for commercial purposes or with the intention of harming the business.
If, despite all 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 assortment of items offered and may, in particular, limit the quantity of products that may be ordered by a Customer during a single purchase transaction in order to limit dubious attempts and fraudulent payments.

Contact

GENTLEMAAN encourages its customers to contact its customer service department at contact@gentlemaan.com for any questions or complaints concerning these GTC.

ARTICLE 1: PRICES

1.1 – In accordance with article L.112-1 of the French Consumer Code, the sale prices of our products are indicated in euros, all taxes included, for metropolitan France and the European zone, excluding shipping costs for the products concerned, unless otherwise indicated, as well as any additional options that the purchaser may subscribe to in addition to the order.

1.2 – Prices shown include any discounts and rebates. 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 indicated on the order confirmation page of the website.

1.3 – Ownership is transferred upon full payment of the order. Where applicable, the Vendor retains ownership of the products until full payment has been received, unless otherwise agreed in writing by the Vendor.

1.4 – The Vendor reserves the right to modify its prices at any time, at its own discretion and without prior notice. However, orders will be invoiced according to the rates in force at the time the order is registered, subject to product availability.

1.5 – In accordance with article 293B of the French General Tax Code, prices are not subject to VAT. For deliveries outside the European Union, the invoice is automatically based on prices exclusive of tax. In view of the international nature of our scope of delivery, customs duties and import taxes may in some cases be added to the consignee’s charges at random and beyond the Seller’s control. As an importer, the customer accepts that, in such cases, it may be materially impossible for the Vendor to provide him with accurate information on the total amount of costs relating to importation, and that he alone is 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. You can pay for your purchases by credit card: Visa, Mastercard, American express and other blue cards, or via Paypal / Stripe. All orders will only be taken into consideration once 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, it may take several days for the payment 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 total 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 Vendor.

2.2 – Online payments are made using the “SSL” security system, which encrypts your data as it travels over the network. The transaction is carried out via the secure payment module integrated into the site by a banking institution. No sensitive data is processed or stored on the website. Despite our 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 liable for any damage or loss resulting from the use of the Internet network in the event of piracy.

2.3 – In certain cases, notably non-payment, non-referenced delivery address, 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 has been resolved. This includes all orders for legitimate reasons and particularly if the quantities of products ordered are abnormally high for Buyers who are consumers. For security reasons, we reserve the right to limit or ban orders which, at our sole discretion, appear to come from merchants, resellers or distributors. The company may from time to time transmit or obtain information in order to authenticate the Customer’s identity, suspend a payment method, obtain an initial authorization and authorize or not authorize 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 belongs to a mature public capable of understanding the implications and responsibilities of the world of business and economics. Your order will only be debited if you have obtained prior authorization from your bank (or Paypal account), otherwise your order will not be processed.

2.5 – Gentlemaan offers its customers a deferred payment service monitored and secured by its partner Partial.ly.
Please take note of the special sales conditions concerning payment facilities.
Gentlemaan reserves the right to cancel the order and/or extend its usual delivery time in order to carry out the necessary checks. In the most extreme cases, this period can 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. GENTLEMAAN takes great care to present the products in its collection as faithfully as possible. Despite our best efforts, the site may contain omissions and/or previous, erroneous or incomplete information. To this end, the photos, descriptions and content used on the site are not contractual and are for information purposes only. For this reason, no claims relating to such content will be entertained. 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 supplied by suppliers). In case of non-conformity estimated by the Customer, he may exercise his right of withdrawal within the legal period of 14 days from receipt as indicated in the return policy below.

3.2 – The Company undertakes to honour orders placed by the Buyer within the limits of available stocks and under the terms of these GCS. The Company undertakes to do its utmost to keep the availability of products on the site up to date. If, despite GENTLEMAAN’s vigilance, one or more products ordered by a Customer are temporarily or permanently unavailable, the Customer will be informed by e-mail. The customer will then have the option of modifying or cancelling the order and requesting a refund. In this case, the customer will be notified by e-mail once the order has been reimbursed. The Vendor 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 GENTLEMAAN, which consists of a succession of different compulsory steps to finalize the purchase. The Buyer fills the virtual basket by selecting the product and indicating the desired quantities, then provides the delivery information. When registering personal information, the Customer must ensure that the data required to process the order is correct. Lastly, he/she declares that he/she has read and accepted these terms and conditions of sale by ticking the appropriate box. Before proceeding to payment, the Customer has the opportunity to check his order and, if necessary, correct any errors. The Buyer expressly acknowledges that the transmission of his/her identity, card number, expiry date and cryptogram of the latter constitutes authorization to debit his/her account for the amount of the product(s) ordered on the site. Online payment constitutes conclusion of the sales contract and therefore acceptance of the prices, products and quantities as well as the clauses contained in these GTC. Payment is the final step in order validation and triggers delivery. An e-mail acknowledging receipt and 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 acceptance by the Vendor, who is under no obligation to rework the order, which would incur additional processing costs. It is agreed between the parties that payment already constitutes validation and locking of the order. However, the Vendor will endeavour to consider any request to modify or cancel 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) to the address : contact@gentlemaan.com. Once this period has elapsed, the order will be considered definitive and it will no longer be possible to reverse it. We will then generate a dispatch notification confirming that the parcel has been dispatched. The only recourse will be to exercise your right of withdrawal following receipt of the package, in accordance with our returns policy below.

4.3 – The Vendor certifies by e-mail that the product has been dispatched, giving the Customer the tracking number for the order. This number enables the customer to track the progress of the parcel in the carrier’s interface. The Vendor reserves the right to inform customers of the progress of their order by sending logistical notifications by e-mail.

4.4 – The Vendor acknowledges receipt of the order by e-mail using the logistical information sent by the partner carrier.

4.5 – The seller reserves the right to contact the customer to request a statement of opinion following receipt of the order and subsequent use of the said product, within a maximum period of 1 year from the date of the order.

ARTICLE 5: DELIVERY

5.1 – The Vendor delivers products ordered on the site in metropolitan France and abroad. Products will be sent to the delivery address previously indicated by the Customer during the order process. In order for the order to be processed correctly, the customer must ensure that he/she has provided accurate and complete information concerning the delivery address and other mandatory data. In the event of an error in the recipient’s details, GENTLEMAAN cannot be held responsible for the impossibility of delivering the order.

5.2 – Order processing and dispatch times may vary from one to three working days depending on the products ordered, stock availability 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 times 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 average delivery times and reflect the times announced by partner carriers in number of working days. Despite our best efforts, this figure may vary due to factors such as logistical problems, strikes, customs controls, annual vacations, Covid 19 and other special operations (inventories, trade fairs and shows) which may slow down the delivery of your parcel. The delivery time is taken into account from the moment the parcel is handed over to the carrier and the tracking number is issued to the customer. The Company’s power to influence delivery times ends when the logistics subcontractor takes charge of the parcel. The Seller shall not be held liable for failure to meet its contractual obligations in the event of delay or if said failure is due to an act of God or force majeure as defined by applicable law.

5.3 – Delivery times depend on (1) the time taken to confirm payment (2) the time taken for the order to be processed by the customer service department (3) the delivery times of the partner carrier(s). Delays in delivery do not entitle the customer to any reimbursement or other compensation. In the event of non-receipt of a parcel within the time indicated (for information only), the Customer must first check the information available on the routing of his order with the carrier, using his tracking number. If the product ordered has not been delivered by the end of this period, an automatic extension protects the Seller from having to deliver the order. In accordance with the law, the latter must deliver the goods or perform the service no later than thirty days after the conclusion of the contract.
If the search is unsuccessful, the customer is invited to contact customer service at contact@gentlemaan.com or via the contact form. An investigation will then be opened with the carrier. During this investigation, no refund or return of merchandise can be made. If the investigation leads to the package being found and enables the Vendor to carry out delivery within a reasonable additional time, the contract is maintained and the Vendor undertakes to honour 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.
In the event of failure to comply with the legal 30-day time limit, the Customer may, after having unsuccessfully requested the Vendor to honour delivery within an acceptable additional time limit, cancel the contract by registered letter with acknowledgement of receipt, following the withdrawal procedure defined below.

5.4 – Your parcel will be delivered to your letterbox 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 attempt delivery at a later date. In this case, the Customer is required to check the routing of his parcel and its type of deposit through the carrier’s website using his tracking number. In the case of a drop-off at a relay point, the customer is obliged to collect the parcel within a few days. After a certain period, the site cannot be held responsible if the parcel is returned to sender. In this case, the cost of a new shipment will be borne by the Customer.

5.5 – GENTLEMAAN undertakes to use all reasonable care in carrying out the delivery and service offered to the Customer. The site is responsible, within the limits of these GCS, for shipping to the address indicated by the Customer and for tracking orders through specialized transport companies. However, the consignee is obliged to check the package on arrival and to make any reservations or claims that appear justified to the deliverer whenever possible. The Buyer is requested to refuse delivery if the goods are damaged or missing, or if the parcel has been opened or damaged and shows obvious signs of deterioration or suspicion of repackaging, and to notify the Seller immediately by sending a formal e-mail to : contact@gentlemaan.com or via the contact form. In the customer’s own interest, he/she is obliged to have the damage recorded by the deliverer in order to be able to claim spoliation insurance, which will simplify the handling of the claim.
Failing this, the Customer must send a registered letter to the carrier stating the reservations made on opening the package within 3 days of delivery of the order. Otherwise, all services will be automatically rejected and no refund or exchange will be possible. These instructions are beyond the control of the Vendor and are only an extract from the application of the general terms and conditions of sale of the partner carriers indicated in these GCS for information purposes only and without any guarantee of the 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 documents. Failing this, we shall have no recourse against the carriers and shall not be liable in any way for any dispute between the carrier and the customer. In an ethical concern to ensure that no Customer is wronged, the Vendor reserves the right to deal with this type of dispute 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 – Goods accepted without reservations by the consignee at the time of delivery and/or in the absence of immediate formal notice from the Vendor and a formal letter sent to the carrier within 3 days, are deemed to have arrived in good condition and in their 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 when the Customer or a third party representative takes physical possession of the goods.

5.7 – The seller undertakes to deliver the parcel as quickly as possible. To do this, it calls on specialist delivery companies recognized worldwide for their efficiency. However, the latter reserves the right to ship the order by the carrier of its choice, at its own discretion at the time of shipment, and is under no obligation to deliver the package by a specific service provider or means, without prior written agreement between the parties. Partner companies include, but are not limited to, UPS, FEDEX, DHL and Colissimo.

ARTICLE 6: RETURNS, RIGHT OF WITHDRAWAL, EXCHANGE AND REFUND

6.1 – Prior to the return of the product(s) by the Customer, the latter must make a retraction request to customer service via the retraction form. The purchase invoice will be requested and the customer will then be guided by email through the returns procedure. Any returns received which are not returned in accordance with the procedures mentioned by customer service and in these GTC may not be refunded. It is in the customer’s interest to respect these terms 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 the right to cancel the contract within 14 calendar days of delivery of the goods, without having to give any reason for doing so. All return requests must be accompanied by a retraction request to customer service. To do so, the Customer must unambiguously express his wish to withdraw via the retraction form and 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 customer service. In this case, GENTLEMAAN will reimburse the amount corresponding to the product, with the cost of returning the item(s) ordered remaining at the Buyer’s expense.

6.3 – Your right of withdrawal may be exercised provided 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 redirected to a partial refund. Any defect resulting from improper handling or use by the Customer or a third party cannot be attributed to the Seller.

6.4 – Refunds will be assessed following receipt of your return to the address indicated by customer service. Refunds will be made within 30 days of receipt of the goods at our premises. The Vendor will give preference to the original means of payment to reimburse the Customer, but also reserves the right to make other reimbursements.

6.5 – All pre-ordered items are non-exchangeable and non-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 means of a formal e-mail on the same day or, at the latest, three days after receipt, indicating his name and order number at the address : contact@gentlemaan.com. If necessary, depending on the case, he must follow the procedure described in article 5 paragraph 5 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 Salesman photos of the article and/or the packing and to join a clear and detailed description of the problem met with the product so that its teams can note the litigation and proceed to the exchange (within the limit of stocks available) or to the refunding of the order. If the product is faulty, the customer will not be charged for re-shipment. In the event of receipt of a defective product, the customer is invited to contact customer service for a replacement or full refund.

6.8 – Furthermore, should the Customer receive 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 the product at the Vendor’s expense.

ARTICLE 7: LEGAL WARRANTY FOR CONFORMITY AND LATENT DEFECTS

All products sold on the Site benefit from the legal guarantee of conformity and the guarantee against hidden defects. In accordance with the law, the Vendor 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 the present general conditions of sale.

7.1 – Legal warranty of conformity

In accordance with articles L.217-4 et seq. of the French Consumer Code, the Vendor is obliged to deliver goods in conformity with the contract entered into with the Consumer Customer, and to be answerable for any defects in conformity existing during delivery of the Product. The guarantee of conformity may be exercised if a defect exists on the day of taking possession of the Product. However, if the defect appears within 24 months of this date (or within 6 months if the order was placed before March 18, 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 French Consumer Code, « the Vendor may rebut this presumption if it is not compatible with the nature of the [Produit] or the alleged lack of conformity».

However, after this 24-month period, 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 French Consumer Code: « in the event of a lack of conformity, the buyer chooses between repair and replacement. However, the seller may not proceed according to the buyer’s choice if this choice would entail a cost that is manifestly 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 the event of non-conformity of a delivered Product, it may be returned to the Vendor who will exchange it. If it is impossible to exchange the Product (obsolete Product, out of stock, etc.), the Customer will be reimbursed for the amount of the order. The costs of the exchange or refund procedure (in particular the cost of returning the Product) shall then be borne by the Seller. However, the sale cannot be rescinded if the lack of conformity is minor.

To be in conformity with the contract, the goods must be fit for the use normally 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; present the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling.

7.2 – Legal warranty against hidden defects

In accordance with articles 1641 to 1649 of the French Civil Code, the Customer may invoke the warranty for latent defects if the defects presented did not appear at the time of purchase, predate 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 its intended use, or diminish that use to such an extent that the purchaser would not have bought the Product or would not have bought it at such a price had he known of the defect).

ARTICLE 8: PRODUCT WARRANTY POLICY

8.1 – Any request for a guarantee must be made in advance and is subject to acceptance by the Vendor. You can submit your warranty claim by contacting customer service via the contact form, then follow the procedures stipulated by customer service.

8.2 – The product warranty is a free service implicit in the order. It applies to the initial 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 materials. The warranty period is 1 year from the date of purchase.

8.3 – The Customer is solely responsible for the order information provided, which is required for all warranty claims. Even if the product has been purchased and offered by a third party. The invoice, among other things, serves as proof of purchase or authenticity of the products purchased and as a supporting document for the right 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 appraisal at the Customer’s expense (the Vendor declines all responsibility for damage, loss or theft during transport, and therefore it is the Customer’s responsibility to ensure follow-up). Entitlement to this warranty is determined on receipt and after examination of the product by our teams. If repair is not possible for any of the reasons mentioned below, you will be required to pay for a new shipment in order to regain possession of your goods. If you wish to have your watch repaired by us, you will be charged for this service. However, the Vendor reserves the right not to take responsibility for repairs not covered by the warranty conditions, and to direct 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 cannot be repaired and replacement of the product is impossible or requires more than three months from the date of your declaration, you will be entitled to a full refund. This does not entitle the Buyer to any damages.

8.5 – Please note that this warranty does not cover :
(1) Damage caused intentionally or by accident, misuse, 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 GENTLEMAAN will not be covered. Similarly, watches sold by unauthorized retailers are not guaranteed.
(3) Waterproofing damage
(4) Lack of care or neglect (scratches, bounces, abrasion, etc.)
(5) Natural wear and tear of materials
(6) Theft or loss
Please note that the warranty on our watches covers the mechanical movement and its operation, and not other parts such as the glass or bracelet.

8.6 – GENTLEMAAN reserves the right to modify or adapt the warranty conditions and their impact on the future at any time and at its own discretion. The warranty conditions applicable are those in force on the date of the order.

ARTICLE 9: LIMITATION OF LIABILITY

9.1 – In accordance with article 1147 of the French Civil Code, the Vendor is automatically contractually liable to the Customer in the event of non-performance or improper performance of the contract entered into. However, this contractual liability may not be incurred if such non-performance is attributable to the consumer, or in the event of force majeure or fortuitous event as defined by case law, or of a foreign and insurmountable act of a third party which cannot be attributed 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 declines all legal responsibility if the taxes are not paid by the customer.

9.3 – Furthermore, we cannot be held responsible for any insubstantial differences between the photos presenting the items on our site (as well as any text and illustrations) and the items ordered. The Vendor and its suppliers are not responsible for or bear any promise or guarantee of success in your personal life.

9.4 – Under no circumstances will we be liable for loss of profits, loss of data, costs or any other indirect or unforeseeable damage not agreed in the conditions of use of the site and in the conclusion of the sales contract.

9.5 – The Vendor cannot be held responsible for any damage of any kind, whether material, immaterial or physical, which may result from improper use of the products sold. The same applies to any product modifications resulting from manufacturers. The liability of GENTLEMAAN is systematically limited to the value of the product in question, value at its date of sale, and this without the possibility of taking abusive or disproportionate action against the sales platform for simple errors or omissions deemed human that could have remained despite all precautions taken in the presentation of products available for sale. No compensation other than that provided for in the French Consumer Code and these GCS may be claimed, and under no circumstances may it 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 Vendor has only an obligation of means. Consequently, the Site cannot be held liable for any inconvenience or damage inherent in the use of the Internet network and totally external to the diligence and precautions taken by the Site to ensure optimum quality of service. In particular, any disruption in the supply of the service, or any external intrusion or presence of a computer virus, cannot be attributed to the Vendor. Likewise, any event qualified as force majeure within the meaning of jurisprudence totally exonerates the site from any liability.
We do not warrant or represent that your use of our Service will be uninterrupted, timely 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 expressly stated otherwise by us) provided on an « as is » and « as available » basis for your use, without representations, warranties or conditions 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 control of the Company.

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, intellectual property rights, legality, decency or any other aspect of the content of these sites.

ARTICLE 10: INTELLECTUAL AND INDUSTRIAL PROPERTY

The principle of the Intellectual Property Code states that all rights to creations, such as inventions, literary and artistic works, logos, images or designs, etc., are the exclusive property of the owner. These rights apply to Gentlemaan exclusively and are enforceable against all parties.

The French Industrial Property Code stipulates that rights are acquired in principle by registration (for patents, designs or trademarks, for example), and sometimes by use (for trade names or brand names). These rights apply to Gentlemaan exclusively and are enforceable against all parties.

10.1 – All content on this Site is protected by intellectual and/or industrial property laws. All elements are the property of the Seller or a third party agent, or are used by the Seller with the authorization of their owners. Any reproduction, representation or adaptation of logos, textual, pictorial or video content, without this list being limitative, is strictly forbidden. We grant you access to and use of the Site for your personal use. Under no circumstances are you authorized to download, reproduce, copy, sell, exploit or modify all or part of this Site (in particular the products listed, descriptions, prices, downloading or copying of information, use of data, software, sound extracts, graphics, images, texts, photographs, tools, etc.) without our express written authorization.

10.2 – Any Customer (as well as any natural person or legal entity) who is guilty of counterfeiting 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 Vendor 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. These General Terms and Conditions of Sale do not transfer any intellectual property rights. Any total or partial reproduction, modification or use of these goods for any purpose whatsoever is strictly prohibited.

10.3 – Trademarks and logos contained on the Site may be registered by La Société. Any person proceeding to their representations, reproductions, imbrications, diffusions and reruns incurs the sanctions envisaged in articles L.713-2 and following of the Code of the intellectual property.

10.4 – For the proper management of the site, the publisher may at any time suspend, interrupt or limit access to all or part of the site for updates, or 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 and without prior notice to you in view of the Seller’s free will regarding its business. This does not in any way release it from its obligation to honour current orders.

ARTICLE 11: USER COMMENTS AND SUGGESTIONS

11.1 – If, at our request, you submit specific content (for example, to enter 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, “Comments”), you grant us the right, at any time, and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any media any Comments you send to us. We are not and shall not be obligated to maintain the confidentiality of comments; to pay compensation to anyone for any comments provided; to respond to comments.

11.2 – We may, but have 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 that infringes any intellectual property or these Terms and Conditions.

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 unlawful, libelous, defamatory, offensive or obscene material, nor will they contain any computer virus or other malicious software that could in any way affect the operation of the Service or any associated website. You may not use false e-mail addresses, 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 any comments you post and for their accuracy. We take no responsibility and assume no liability for any comments posted by you or any other third party.

ARTICLE 12: NULLITY AND MODIFICATION OF CLAUSES

12.1 – If any provision of these GTS is invalid, it shall be deemed 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 GCS, whatever the frequency and duration, shall not constitute a modification of the GCS, 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 if agreed in writing and signed by both parties.

ARTICLE 13: JURISDICTION, APPLICABLE LAW AND MEDIATION OF DISPUTES

13.1 – These general terms and conditions of sale are subject to French jurisdiction. The French courts therefore have exclusive jurisdiction over any disputes.

13.2 – In the event of any difficulty whatsoever, the customer service department will be happy to find an amicable solution.

13.3 – If no solution is found, the customer may have recourse to conventional mediation provided by the European Commission.

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