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Conditions of Sale

Guillemot Corporation S.A. Online General Terms and Conditions of Sale (shop.thrustmaster.com)

Last updated: November 7, 2016

 

The company Guillemot Corporation S.A., with capital of €11,553,646.72, whose registered office is located at Place du Granier, BP 97143, 35571 Chantepie CEDEX, France, registered under number 414 196 758 in the Rennes Trade and Companies Register (hereinafter “Guillemot”), offers for sale to interested parties, via its shop.thrustmaster.com website (hereinafter the “Website”), products marketed under its Hercules or Thrustmaster brand names (hereinafter the “Product” or “Products”).

Confirmation of the order confers upon the user of the Website the status of “Customer” and automatically implies the Customer’s compliance with these general terms and conditions of sale (hereinafter the “General Terms and Conditions of Sale”) and his or her unconditional acceptance thereof, which take precedence over any document furnished by the Customer. Guillemot may modify the General Terms and Conditions of Sale at any time, by publishing a new version thereof on the Website. The applicable General Terms and Conditions of Sale are those in effect on the date of the order (hereinafter the “Order”).

Article 1: Purpose of the contract

The purpose of these General Terms and Conditions of Sale is to define the terms governing the online sale of Products. The description and price of each Product are indicated on the Website. The Customer acknowledges being aware of said description and price, and of having accepted the same unconditionally. Should the Customer fail to accept the General Terms and Conditions of Sale, whether in whole or in part, the Customer may not place an Order on the Website.

The offer to sell is addressed mainly to persons with the legal capacity to contract, domiciled within the delivery territory and considered as consumers, as defined by the French Consumer Code, namely persons acting for purposes which are outside of their professional capacity.

It is understood that these General Terms and Conditions of Sale do not apply to customers of Guillemot with a professional capacity or having an open customer account with Guillemot. However, should professional customers purchase Products via the Website, they acknowledge that by accepting these General Terms and Conditions of Sale, they are not entitled to avail themselves of articles 4.3, 4.4, 6.4 and 9.

Article 2: Description of the offer

2.1 General description of the offer on the entire Website

Products are offered for sale within the limit of available inventories. The Customer shall be informed of the unavailability of Products via the Website.

In the event of the unavailability of a Product which has been ordered, the Customer shall be informed of said unavailability as soon as possible, and will be able to either (i) cancel the entire Order via the withdrawal form, or (ii) wait for the availability and shipment of the entire Order. In the event whereby the Order is canceled, the Customer shall be reimbursed for the amount paid for the Order within fourteen (14) days following dispatch of the notification of withdrawal.

The main features of Products are set out in the product sheets published on the Website (hereinafter the “Product Sheets”). These Product Sheets include, in particular, a photograph of the Product and a technical description of the Product; however, Guillemot shall not be held liable in the event of any errors in the Product Sheets.

Guillemot reserves the right to amend or withdraw the Product Sheets at any time, and it is therefore the Customer’s responsibility to consult the Product Sheets before accepting the offer. Should the Customer have any questions regarding the Products, he or she may contact Guillemot via the form available on the Website and accessible in the “CONTACT” section.

2.2 Products in the “Deals” section

Products made available for sale in the “Deals” section of the Website are discontinued items, Products with damaged packaging or used Products.

2.2.1 Discontinued items

Discontinued items” refers to Products which are no longer manufactured after the release (or following the release) of new models. They are the last remaining new units prior to inventory depletion.

2.2.2 Products with damaged packaging

Products with damaged packaging” refers to any new Product from the inventory of Guillemot or of one of its business customers, whose packaging has been altered or damaged during its storage or logistical processing.

2.2.3 Used Products

Used Products” refers to any Product returned to Guillemot by a customer. The Product, its accessories and/or its packaging may show signs of use (scuffing, scratches, discolorations). Nevertheless, used Products have been subject to various inspections by Guillemot, are fully functional and come complete with their packaging and all original items.

Article 3: Entry into force and duration

These General Terms and Conditions of Sale enter into force on the date of confirmation of the Order by the Customer, according to the conditions set out in article 4.

The sales contract between Guillemot and the Customer is concluded for the period of time required for the provision of the Products ordered, and shall end upon termination of the guarantees and obligations to be provided by Guillemot.

Article 4: Order terms and conditions

4.1 Order procedure

The Customer may place an Order via the Website, after having identified him- or herself by entering his or her email address and password. In order to place an initial Order, the Customer must create a customer account by following the procedure detailed on the Website.

Having carefully consulted the Product Sheets, the Customer may then add his or her choice of Products to the shopping cart, and then validate the contents of said cart.

At any time while browsing the Website and before confirming the Order, the Customer may validate the contents of his or her cart, modify its contents or delete Products in said cart.

After having validated the contents of his or her cart by clicking the “PROCEED TO CHECKOUT” button, the Customer shall be prompted to either create or log in to his or her customer account. In particular, the Customer must:

  • provide or correct his or her billing and delivery addresses;
  • select the method of delivery;
  • carefully verify his or her Order (Product(s), quantity ordered, method of delivery);
  • accept the General Terms and Conditions of Sale;
  • select the method of payment;
  • provide the banking information required for payment of his or her Order.

In order to authorize the transaction, the identity of the holder of the credit card used for payment of the Order will be verified by a 3D Secure authentication system. As the identification procedure is specific to each bank, each Customer must verify with his or her bank the authentication procedure employed.

Once the payment has been authorized by the bank, the Order shall be confirmed and the sales contract shall be deemed to have been concluded between Guillemot and the Customer. The Customer shall receive an email from Guillemot confirming the Order. Guillemot shall then have a maximum of thirty (30) days following the conclusion of the sales contract to deliver the Order to the Customer.

Guillemot reserves the right to cancel any Order and/or delivery, of whatever type and level of completion, in the event of a default in payment or the partial payment of any amount due by the Customer, in the event of a payment problem, or in the event of fraud or attempted fraud regarding use of the Website, including with respect to previous Orders.

For any questions regarding the Order terms and conditions, the Customer may contact Guillemot’s customer service department via the form available on the Website and accessible in the “CUSTOMER SERVICE” section of his or her customer account.

4.2 Pre-orders

Guillemot shall allow Customers to pre-order certain Products on the Website. A “Pre-order” refers to an order on the Website, prior to the official release date of a new Product, or the date on which an out-of-stock Product once again becomes available in Guillemot’s inventory. The presence of “Pre-order” label on a Product’s page shall indicate to the Customer that a Pre-order is possible for this Product.

Customers who have placed a Pre-order for a Product are guaranteed that their Product will be reserved and shipped to them in priority once it is officially released on the Website, or when it once again becomes available in Guillemot’s inventory.

A Pre-order entails acceptance by the Customer of a waiting period which may amount to several weeks before the Product is delivered.

A Customer may only pre-order one unit of the Product available for Pre-order.

A Customer may only place one Pre-order at a time. A new Pre-order will be possible once the Customer has received the pre-ordered Product.

In the event that a Customer has simultaneously placed a Pre-order and an order for Products available in inventory, the Customer will receive the available Products within the time frames indicated in article 6.2 of the General Terms and Conditions of Sale.

Inventory of Products for Pre-order is limited. Pre-orders are processed in the order in which they are received.

Payment for the pre-ordered Product will be required upon confirmation of the Pre-order.

Guillemot reserves the right, at its sole discretion, to:

  • Defer the official release date of a new Product;
  • Defer the date on which an out-of-stock Product once again becomes available in Guillemot’s inventory;
  • Cancel Pre-orders.

Customers who have placed a Pre-order will be informed via email of any changes with respect to dates, or in the event of cancellation of their Pre-order.

In the event that a Pre-order is canceled by Guillemot, the Customer will be reimbursed for the amount paid upon having confirmed the Pre-order. No other indemnity shall be paid to the Customer by way of compensation for cancellation of the Pre-order.

A Customer may cancel his or her Pre-order at any time and free of charge, prior to the Product being shipped, via the “CUSTOMER SERVICE” section of his or her customer account.

4.3 Exercise of right of withdrawal

In his or her capacity as a consumer, the Customer has a period of fourteen (14) days following the day on which a Product is delivered during which to withdraw, without having to provide any reasons for doing so or pay any penalties.

If the period of fourteen (14) days expires on a Saturday, a Sunday, an official holiday or a non-working day, it shall be extended until the following working day.

In order to exercise the right of withdrawal, the Customer must either complete and submit online the form available on the Website and accessible in the “CUSTOMER SERVICE” section of his or her customer account; or print out, complete and mail by registered letter with confirmation of receipt the form available on the Website and accessible in the “CUSTOMER SERVICE” section of his or her customer account. Upon receipt of the online form, Guillemot shall acknowledge receipt via email.

In the event of withdrawal on the part of the Customer, Guillemot shall reimburse the Customer for the amount of the Product(s) subject to the withdrawal, including delivery costs (excluding additional costs which may have been incurred should the Customer have selected a method of delivery other than the least-costly standard method of delivery offered by Guillemot) without undue delay and, in any case, no later than fourteen (14) days following the date on which Guillemot is informed of the Customer’s withdrawal decision. Guillemot shall process the reimbursement via the same payment method as that used by the Customer for the initial transaction. Guillemot reserves the right to defer the reimbursement until such time as it has received the Product(s) or until the Customer has provided it with proof of shipment of the Product(s), whichever of the two is the earliest.

Should the exercise of the right of withdrawal comply with these General Terms and Conditions of Sale, Guillemot shall send the Customer an authorization and a return number via email. The Customer must indicate the return number on the package containing the Product(s) being returned.

The Customer must return the Product(s) to Guillemot Corporation S.A., Rue de l’Epine, 56910 Carentoir, France, without undue delay and, in any case, no later than fourteen (14) days following the date on which the Customer has informed Guillemot of his or her withdrawal decision. This deadline shall be deemed to have been observed if the Customer returns the Product(s) before expiration of the deadline of fourteen (14) days.

The Customer must pay the direct costs involved in returning the Product(s). Guillemot shall not accept packages shipped with postage due.

Each Product returned must be in perfect condition, namely in its original packaging, undamaged and accompanied by all of its accessories (documentation, cables, remote controls, installation CDs, etc.). The Customer shall be held liable for any diminished value of the Product(s) resulting from any handling other than that required to ascertain the nature, features and proper functioning of the Product(s).

4.4 EXCEPTION REGARDING EXERCISE OF RIGHT OF WITHDRAWAL

IN THE EVENT WHEREBY THE CUSTOMER ORDERS A PRODUCT OR PRODUCTS IN DIGITAL FORMAT UNAVAILABLE ON A PHYSICAL MEDIUM AND AVAILABLE FOR DOWNLOAD ONLINE, THE CUSTOMER EXPRESSLY AGREES THAT:

  • DELIVERY OF THE ELECTRONIC CONTENT SHALL TAKE PLACE AT THE SAME TIME AS PAYMENT FOR THE ORDER; AND THAT
  • HE OR SHE WAIVES HIS OR HER RIGHT OF WITHDRAWAL.

Article 5: Financial conditions and payment terms

5.1 Price

A Product’s price is that indicated on the Product Sheet. The amounts indicated include all taxes and exclude delivery costs, and are indicated in euros or pounds sterling.

The price may also include taxes or contributions, particularly with respect to the environment. Should one or more of these taxes or contributions be modified, whether increased or decreased, this change may be reflected in the sales price of the Product(s) concerned. The same situation shall apply should a tax or contribution be created.

The price must be paid in full upon placing of the Order; otherwise, the Order shall be deemed to have been canceled.

Any telecommunication costs incurred for accessing the Website shall be borne solely by the Customer.

5.2 Delivery costs

The amount of delivery costs depends on the amount of the Order, the total weight of the Product(s) and the method of delivery selected by the Customer (see table below). In any case, the amount of delivery costs shall be indicated to the Customer prior to confirmation of the Order.

 

Standard delivery

Order amounting to less than £49.99 (taxes included) in total.

From 0 to 8 kg

£8

More than 8 kg

£20

Order amounting to £49.99 (taxes included) or more in total.

Free of charge

Express delivery

From 0 to 4.99 kg

£13

From 5 to 19.99 kg

£17

20 kg or more

£29

     

5.3 Payment terms

Payment is made upon placing of the Order by the Customer. The full amount of the Order shall be charged on the day of confirmation of the Order.

The Customer may pay for his or her purchases using one of the following payment methods:

  • Credit card: Visa, MasterCard;
  • PayPal® account: When paying for the Order, the Customer shall automatically be directed to his or her PayPal® account.

Online payments via credit card on the Website take place via the secure banking server of Guillemot’s partner, PayPal®: this means that no banking information with respect to the Customer is processed via the Website. Payments via credit card are therefore perfectly secure.

5.4 Electronic billing

By accepting these General Terms and Conditions of Sale, the Customer expressly agrees to receive an electronic invoice. This invoice shall be sent to the Customer via email, in PDF format.

5.5 Combatting fraud

5.5.1 “Default in payment” file

In the event of fraudulent use of a credit card or PayPal® account, the data related to the Customer’s Order associated with this fraudulent use shall be registered in a “default in payment” file managed by Guillemot.

The Customer shall be informed via email of the registration of his or her data in the “default in payment” file. The registration of the Customer’s data in the “default in payment” file shall result in blocking of the Customer’s account, as well as blocking of the creation of any new account and Order using this same data or similar data.

5.5.2 Processing of personal data

According to the French Data Protection Act of January 6, 1978, subsequently amended, the Customer has the right to access, rectify and object to all of his or her personal data at any time by writing to Guillemot using the contact form available on the Website and accessible in the “CONTACT” section and providing proof of his or her identity. For any objection related to article 5.5.1, the Customer must justify his or her request by way of a legitimate reason. In the absence of a legitimate reason, Guillemot reserves the right to deny the objection request.

Article 6: Delivery of the Order

6.1 Delivery regions

Products can only be delivered to England, Scotland, Northern Ireland and Wales. Shipping is not available to overseas islands and territories, Gibraltar and the Channel Islands (Guernsey and Jersey).

 

6.2 Methods of delivery and delivery times

The Customer may choose between two available methods of delivery before confirming his or her Order:

  • Standard delivery: delivery within 5 to 7 working days; or
  • Express delivery: delivery within 2 to 3 working days.

These delivery times correspond to the information provided by third parties responsible for delivering packages (the “Carrier” or “Carriers”). They are calculated from the time that an email regarding shipping confirmation for the Order has been sent to the Customer.

Orders placed from Friday afternoon through Sunday inclusive will be shipped as of the following Monday (except in the event that the Monday is an official holiday).

Regarding express deliveries: Guillemot shall not be held liable for any failure by the Carrier to meet the express delivery deadline.

6.3 Delivery address

When placing the Order, the Customer shall indicate the delivery address, if said address is different than the billing address.

The Customer is solely responsible for any delivery problems resulting from an error in the delivery address provided when placing the Order, or from a lack of accuracy with regard to this address.

6.4 Delivery delays

Guillemot shall have a maximum period of thirty (30) days following completion of the sales contract to deliver the Order to the Customer. If this deadline cannot be met, Guillemot shall inform the Customer via email. The Customer may then authorize Guillemot to deliver the Order within a reasonable additional period of time, either:

  • Via the form available on the Website and accessible in the “CUSTOMER SERVICE” section of his or her customer account; or
  • By registered letter with confirmation of receipt, sent to the following address: Guillemot Corporation S.A., SAV e-shop, BP 2, 56204 La Gacilly, France.

In the event of a failure by Guillemot to deliver the Products within the reasonable additional period of time granted by the Customer, the Customer shall be entitled to cancel the Order, either:

  • Via the form available on the Website and accessible in the “CUSTOMER SERVICE” section of his or her customer account; or
  • By registered letter with confirmation of receipt, sent to the following address: Guillemot Corporation S.A., SAV e-shop, BP 2, 56204 La Gacilly, France.

In the event whereby the Order has not already been shipped upon receipt of the cancellation notice sent by the Customer, the delivery shall be canceled and the Customer reimbursed for any amounts charged, within fourteen (14) days following receipt of said cancellation notice.

In the event whereby the Order has already been shipped by Guillemot prior to receipt of the cancellation notice sent by the Customer, the Customer may, should he or she wish to do so, return the Product(s) received using his or her right of withdrawal pursuant to the conditions set out in article 4.3 of these General Terms and Conditions of Sale.

Guillemot shall not be held liable should any delivery problems which may arise be attributable to the Customer, result from an unforeseeable and insurmountable act by a third party, or result from force majeure.

6.5 Failed delivery

In the event whereby the delivery cannot take place (for example, should the recipient not be present at the delivery address on the day of the delivery, if there is a problem with the delivery address provided, etc.), the Carrier may contact the Customer directly in order to arrange delivery of the Order.

In the event of a failed delivery and the return of the Product(s) to Guillemot, Guillemot shall contact the Customer via email to request that the Customer confirm his or her delivery address within twelve (12) days. The Product(s) will be shipped again, without any additional cost for the Customer, if the confirmed address corresponds to the address indicated when the Order was originally placed. However, in the event that the address is modified, the Customer must pay the cost of reshipping the Product(s) according to the procedure indicated by Guillemot. Should the Customer fail to respond within the required deadline, Guillemot shall cancel the Order and reimburse the Customer for the price of the Product(s), less the cost of the initial delivery, where applicable.

6.6 Verification of the Order upon delivery

Deliveries require the signature of the Order’s recipient. Upon receiving the package from the Carrier, the Customer must verify the state of the packaging (to determine whether the package has been damaged, opened, soiled by any type of liquid, etc.) and ensure that the Product(s) received correspond to the Order.

  • In the event of any problems noted in the presence of the Carrier, the Customer must (i) refuse the delivery, and indicate the problems noted on the Carrier’s delivery slip; and (ii) inform Guillemot within forty-eight (48) hours of the delivery date, either using the contact form, to be completed and sent online, available on the Website and accessible in the “CUSTOMER SERVICE” section of his or her customer account; or via the telephone number indicated on the delivery order.
  • In the event of any problems noted in the absence of the Carrier, the Customer must inform Guillemot within forty-eight (48) hours of the delivery date, either using the contact form, to be completed and sent online, available on the Website and accessible in the “CUSTOMER SERVICE” section of his or her customer account; or via the telephone number indicated on the delivery order.

Failure to comply with this procedure precludes any recourse with regard to the Carrier or to Guillemot. In particular, the Customer shall neither be entitled to request a refund, nor request that Guillemot reship the Product(s).

In the event whereby the Product(s) do not conform in kind or in quality with the specifications set out in the Product Sheet, or in the event of missing Products, the Customer must inform Guillemot using the contact form, to be completed and sent online, available on the Website and accessible in the “CUSTOMER SERVICE” section of his or her customer account and comply, where applicable, with the return procedure set out in article 8.

Article 7: Claims and after-sales service

Any claims must be submitted to Guillemot using the contact form, to be completed and sent online, available on the Website and accessible in the “CUSTOMER SERVICE” section of the Customer’s customer account, making sure to indicate the Order number and date.

Article 8: Return procedure for Products

In the event of a return of the Product(s) pursuant to articles 4.3, 6.6 or 9, the Customer must obtain an authorization and a return number from Guillemot’s after-sales service by sending a request using the contact form, to be completed and sent online, available on the Website and accessible in the “CUSTOMER SERVICE” section of his or her customer account. The Customer must indicate the return number assigned on the package containing the Product(s) being returned.

It is understood that any Product returned without a return authorization number shall be refused by Guillemot, and that no reimbursement shall be made to the Customer.

Products must be returned to the following address: Guillemot Corporation S.A., Rue de l’Epine, 56910 Carentoir, France.

The return package containing the Product(s) must be prepared by the Customer with the utmost care, in order to ensure that no Product suffers any damage in transport. Guillemot shall not be held liable for damage caused to any returned Product as a result of unsuitable or non-resistant packaging, or as a result of a lack of protection or insufficient protection for the Product(s) inside of the package.

The costs associated with returning Products, in the cases provided for in articles 6.6 and 9, shall be borne by Guillemot, subject to the Customer having followed Guillemot’s instructions regarding the return procedure.

Article 9: Warranties

9.1 Legal warranties

All Products sold on the Website are subject to the legal warranty conditions stipulated in articles L.217-4 and following of the Consumer Code and 1641 and following of the Civil Code, so long as they have been used and kept according to normal conditions of use and upkeep.

  • Legal warranty of conformity (articles L.217-4 to L.217-13 of the Consumer Code):

If the Product is unfit for the use normally expected of such a product, if it does not correspond to the description furnished by Guillemot, and/or if it does not possess the qualities advertised by Guillemot, the Customer may enforce the legal warranty of conformity within a period of two (2) years following delivery of the Product. To do so, the Customer must contact Guillemot using the contact form, to be completed and sent online, available on the Website and accessible in the “CUSTOMER SERVICE” section of his or her customer account, making sure to provide the number and date of the Order corresponding to the Product for which the Customer wishes to enforce the warranty, and describe the defect observed.

Guillemot shall choose between the repair or replacement of the Product.

If the repair or replacement of the Product is not possible, the Customer may either return the Product to Guillemot free of charge and be reimbursed for the invoiced price (including standard delivery costs, where applicable), or keep the Product and be reimbursed for a portion of the invoiced price.

The legal warranty of conformity applies irrespective of any other commercial warranties which may be provided by Guillemot.

Pursuant to article L.217-8 of the Consumer Code, the legal warranty of conformity shall not apply in the event of scuffing, scratches and/or discolorations on used Products, these possible characteristics of used Products having been brought to the Customer’s attention in article 2.2.3.

  • Legal warranty against hidden defects (articles 1641 to 1648 and article 2232 of the Civil Code):

If the Product is affected by hidden defects which render it unfit for its intended use, or which impair said use to such an extent that the Customer would not have acquired the Product, or would only have paid a lower price for the Product, should such defects have been known, the Customer may enforce the warranty against hidden defects within a period of two (2) years following discovery of the defect. To do so, the Customer must contact Guillemot using the contact form, to be completed and sent online, available on the Website and accessible in the “CUSTOMER SERVICE” section of his or her customer account, making sure to provide the number and date of the Order corresponding to the Product for which the Customer wishes to enforce the warranty, and describe the hidden defect observed.

If the Customer proves the existence of the hidden defect, by producing different attestations, repair estimates or expertise, he or she may choose to return the Product and be reimbursed for the purchase price (excluding delivery costs), or keep the Product and be reimbursed for a portion of the price, as determined by experts.

9.2 Commercial warranty for used Products

If the used Product is unfit for the use normally expected of such a product, if it does not correspond to the description furnished by Guillemot, and/or if it does not possess the qualities advertised by Guillemot (hereinafter the “Defective used Product”), the customer shall be entitled, free of charge, to a commercial warranty according to the following conditions:

  • During the first two (2) months following delivery, the Customer may return the Defective used Product to Guillemot and obtain a reimbursement, namely the invoiced price for the used Product, including costs which may have been paid for its initial delivery, as well as return costs.
  • During the third and fourth months following delivery, the Customer shall keep the Defective used Product and may obtain a partial refund, namely 50% of the invoiced price for the used Product, including costs which may have been paid for its initial delivery.
  • During the fifth and sixth months following delivery, the Customer shall keep the Defective used Product and may obtain a partial refund, namely 25% of the invoiced price for the used Product, including costs which may have been paid for its initial delivery.

The following defects are excluded from this commercial warranty: scuffing, scratches and/or discolorations on used Products.

To take advantage of the commercial warranty, the Customer must contact Guillemot using the contact form, to be completed and sent online, available on the Website and accessible in the “CUSTOMER SERVICE” section of his or her customer account, making sure to provide the number and date of the Order corresponding to the Product for which the Customer wishes to enforce the warranty, and describe the defect observed.

Article L.217-16 of the Consumer Code: In the event whereby the buyer requests of the seller, during the commercial warranty period granted to the buyer upon the acquisition or the repair of a good, reconditioning covered by the warranty, any period of at least seven (7) days during which the good is out of use shall be added to the remaining warranty period. This period runs from the date of the buyer’s request for intervention or from the date on which the good in question is made available for reconditioning, if the date on which the good is made available for reconditioning is subsequent to the date of the request for intervention.

Irrespective of the commercial warranty, Guillemot shall remain responsible for the legal warranty of conformity stipulated in articles L.217-4 to L.217-13 of the Consumer Code and the warranty regarding defects in the item sold, pursuant to the conditions stipulated in articles 1641 to 1648 and 2232 of the Civil Code.

Article L.217-4 of the Consumer Code: The seller delivers a good which complies with the contract, and is responsible for defects in conformity existing upon its delivery. The seller is also responsible for defects in conformity resulting from the packaging, or assembly or installation instructions when contractually responsible for the aforementioned, or when the aforementioned have been created under its responsibility.

Article L.217-5 of the Consumer Code: The good is in compliance with the contract:

1) If it is suitable for the use normally expected of a similar good and, where applicable:

- if it corresponds to the description provided by the seller and possesses the qualities presented to the buyer in the form of a sample or model;

- if it possesses the qualities that a buyer might legitimately expect in view of public statements made by the seller, by the producer or by its representative, particularly in advertising or on labeling;

2) Or if it has the features defined by mutual agreement between the parties or is suitable for any special requirement of the buyer, which the buyer has made known to the seller and which the seller has agreed to.

Article L.217-12 of the Consumer Code: Any legal action resulting from defects in conformity is limited to two (2) years following the delivery date of the good.

Article 1641 of the Civil Code: The seller is bound with the warranty against any hidden defects with regard to the item sold, which render the item unfit for its intended use, or which impair said use to such an extent that the buyer would not have acquired the item, or would only have paid a lower price for the item, should such defects have been known.

Article 1648 of the Civil Code: Legal action resulting from redhibitory defects must be brought by the buyer within a period of two (2) years following discovery of the defect.

Article 10: Intellectual property rights

The brands featured on the Website or the Products are registered trademarks. These brands remain the full and complete property of Guillemot and/or of their respective owners, and their reproduction, whether in whole or in part, without Guillemot’s express permission is strictly prohibited. This also applies to all illustrations, images, drawings, models and patents, whether or not the aforementioned are subject to intellectual property rights.

Article 11: Period of availability of spare parts essential for the use of Products

No spare parts shall be provided by Guillemot.

Article 12: Personal information

Personal information collected by Guillemot for the opening of a customer account is subject to data processing for the purposes of the completion of this contract. This information is required for Guillemot to be able to process and follow up the Customer’s Order as well as to manage after-sales service, and is saved in Guillemot’s customer file. The Customer’s postal address, email address and telephone number shall be communicated to Guillemot’s service provider responsible for delivering the Product(s). With the Customer’s express consent, Guillemot or its subsidiaries may send the Customer emails of an advertising or promotional nature.

According to the French Data Protection Act of January 6, 1978, amended on August 6, 2004 (articles 34 and following), any Customer providing proof of his or her identity has the right to access, rectify, modify and delete all data related to him- or herself. In order to exercise this right, the Customer must simply complete and submit online the form available on the Website and accessible in the “CONTACT” section.

Payment card data security: Guillemot does not store credit card or PayPal® account data used for payment of the Order.

For more information regarding the processing of personal information by Guillemot, the Customer may refer to the PRIVACY POLICY available on the Website and accessible in the “LEGAL NOTICES” section.

Article 13: Liability

Guillemot shall not be held liable in the event whereby a failure to meet its obligations results from an unforeseeable and insurmountable act by a third party to the contract, or due to force majeure as defined under French case law, or due to the non-fulfillment or improper fulfillment of the sales contract by the Customer.

Furthermore, Guillemot shall not be held liable for any damages related to the use of the Internet by the Customer.

Article 14: Retention of title

The Product(s) remain the property of Guillemot until full and complete receipt of payment. Payment is deemed to have been made on the date of the receipt of funds in Guillemot’s bank account. In the event whereby payment has not been received from the Customer and one or more Products have already been shipped to the Customer, Guillemot may reclaim the Product(s) at the expense and risk of the Customer. In any case, upon receipt of the Product(s) by the Customer or his or her representative, the risk is transferred to the Customer.

Article 15: Applicable law and jurisdiction

Computerized records, stored in Guillemot’s computer systems under reasonable security conditions, shall be considered as proof of the communication of Orders and of payments which have taken place.

Barring a manifest error on the part of Guillemot, data stored in Guillemot’s computer systems shall have probative force with respect to Orders placed by the Customer. Archiving of Orders and of invoices is carried out on a reliable and durable medium, so as to ensure a faithful and durable copy, pursuant to article 1348 of the French Civil Code.

These General Terms and Conditions of Sale and the online sales contract are subject to French law. Failing an amicable agreement between the parties, any disputes shall be subject to the exclusive jurisdiction of the French courts.

Article 16: Miscellaneous

In the event whereby any provision of these General Terms and Conditions of Sale is determined by a court of competent jurisdiction to be unlawful or unenforceable, the remaining provisions shall continue to be binding.

Should one of the parties fail to enforce its rights with respect to any provision of these General Terms and Conditions of Sale, such action or lack of action shall not be construed as a waiver of the rights conferred by said provision or by any other provision of these General Terms and Conditions of Sale.

No commitment may be made by either party in the name of and/or on behalf of the other party. Moreover, each of the parties remains solely responsible for its allegations, commitments, services, products and personnel.

Article 17: Treatment of waste electrical and electronic equipment

With a view to protecting the environment, the Customer must not dispose of his or her Product(s) along with other household waste at the end of a Product’s lifespan, or when a Product has become obsolete.

When purchasing a Product, an environmental contribution may be required of the Customer, in accordance with regulations. The full amount of said contribution shall be donated to an approved environmental organization in order to finance the Product’s recycling.

Different options are available to Customers wishing to dispose of a Product at the end of the Product’s lifespan, or when the Product has become obsolete. The Customer may either:

-   drop the Product off at a nearby used-materials center or collection point managed by local authorities or community groups; or

-   donate the Product to a social-service organization.

Article 18: Contact

Guillemot may be contacted:

  • Via email, using the contact form accessible in the “CONTACT” section of the Website; and/or
  • By telephone, as indicated in the following table:

 

Customer’s country of residence

Telephone number

Calling cost

Opening days and hours

Austria

0800677414

Cost of a local call from a landline

Monday to Friday

9 a.m. to 8 p.m.

Belgium

024023939

Cost of a local call from a landline

In English or French. Monday to Friday

9 a.m. to 8 p.m.

Germany

08000001445

Free of charge

Monday to Friday

9 a.m. to 8 p.m.

France

02 99 93 21 33

Non premium-rate Orange landline number.

Cost varies according to provider.

Monday to Friday

9 a.m. to 8 p.m.

Monaco

0033 2 99 93 21 33

International call.

Cost varies according to provider.

Monday to Friday

9 a.m. to 8 p.m.

Italy

800035261

Free of charge

Monday to Friday

9 a.m. to 1 p.m. and 2 p.m. to 6 p.m.

Spain

914142406

Cost of a local call from a landline

Monday to Friday

9 a.m. to 12 p.m. and 1 p.m. to 6 p.m.

United Kingdom

02031474889

Cost of a local call from a landline

Monday to Friday

8 a.m. to 7 p.m.

Netherlands

0207188558

Cost of a local call from a landline

In English or German.

Monday to Friday

9 a.m. to 8 p.m.

Ireland

016950425

Cost of a local call from a landline

Monday to Friday

9 a.m. to 8 p.m.

Portugal

800-8-12259

Cost of a local call from a landline

In English.

Monday to Friday

9 a.m. to 8 p.m.