TERMS OF SALES


The company can be reached by email by clicking on the contact form accessible via the home page of the site.
Seller “or the” Company “.
Firstly,
And the natural or legal person proceeding to the purchase of products or services of the company, hereinafter, “the Buyer”, or “the Customer”

On the other hand,

It was stated and agreed as follows:

PREAMBLE

The Seller is a publisher of Gemella Products and Services for consumers, marketed through its websites (https://gemellastyle.com).
The list and description of the goods and services offered by the Company may be consulted on the aforementioned sites.

Article 1: Object

These General Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products or Services offered by the Seller.

Article 2: General Provisions 

These General Conditions of Sale (GTC) govern the sales of Products or Services, carried out through the Company’s Internet sites, and are an integral part of the Contract between the Buyer and the Seller. They are fully opposable to the Buyer who accepted them before placing an order.
The Seller reserves the right to modify these at any time by publishing a new version on its website.
The applicable GTC then are those in force on the date of payment (or the first payment in case of multiple payments) of the order.
These General Terms and Conditions are available on the Company’s website at the following address: https://gemellastyle.com.
The Company also ensures that their acceptance is clear and unreserved by setting up a check box and a validation click.
The Customer declares that he / she has read all of these General Conditions of Sale and, where applicable, the Special Conditions of Sale relating to a product or service, and accept them without restriction or reservation.
The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs.
The Customer declares to be able to contract legally under French law or validly represent the natural or legal person for whom he undertakes.
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

Article 3: Price The prices

 of the products sold through the Internet sites are indicated in Euros TTC and precisely determined on the pages of descriptions of the Products.
They are also indicated in euros all taxes included (VAT + other possible taxes) on the page of Order of products, and excluding specific shipping costs.
For all products shipped outside the European Union and / or DOM-TOM, the price is calculated exclusive of tax automatically on the invoice.
For more information, refer to the Shipping and Returns Policy page. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases.
These rights and sums are not the responsibility of the Seller.
They will be the responsibility of the buyer and are the responsibility of the Seller (declarations, payment to the competent authorities, etc.) .
The Seller invites the buyer to inquire about these aspects from the corresponding local authorities.The Company reserves the possibility to change its prices at any time. for the future.
The telecommunication costs necessary to access the Company’s websites are the responsibility of the Customer. If applicable, also the delivery costs.

Article 4: Conclusion of the online contract In accordance with the provisions of Article 1127-1 of the Civil Code

The Customer must follow a series of steps to conclude the contract electronically to be able to carry out his order: 

-Information on the essential characteristics of the product ;
-Choice of the Product, if any, of its options –
-Indication of the essential details of the Customer (identification, email, address …)
-Acceptance of these General Terms of Sale -Verification of the elements of the order (formality of the double click) and, if necessary, correct errors.
Before confirming, the Buyer has the opportunity to check the details of his order, its price, and correct any errors, or cancel the order.
The confirmation of the order will entail formation of this contract. Then follow instructions for payment, payment of products, and delivery of the order.
The Customer will receive confirmation by email of the payment of the order, as well as an acknowledgment of receipt of the order confirming it.
He will receive a .pdf copy of these general conditions of sale. During the order process, the customer will be able to identify any errors made in the data entry and correct them. The language proposed for the conclusion of the contract is the French language. The terms of the offer and the general conditions of sale are returned by email to the buyer when ordering and archived on the website of the Seller.
The archiving of the communications, the order, the details of the order, as well as the invoices is carried out on a reliable and durable support so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the civil code. This information can be produced as proof of the contract.
For delivered products, delivery will be made to the address indicated by the Customer.
For the purposes of order fulfillment, the Customer undertakes to provide its truthful identification.
The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.

Article 5: Products and services 

The essential characteristics of goods, services and their respective prices are made available to the buyer on the company’s websites, as well as, where applicable, the method of use of the product. In accordance with Article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labeling, display or by any other appropriate method, of the prices and special conditions of sale and sale. execution of the services before any conclusion of the contract of sale. In any case, the total amount owed by the Buyer is indicated on the confirmation page of the order.
The selling price of the product is that in force indicated on the day of the order, this one not including by the charges of ports invoiced in supplement.
These possible costs are indicated to the Buyer during the sales process, and in any case at the time of confirmation of the order. The Seller reserves the right to change prices at any time, while guaranteeing the application of the price indicated at the time of the order.
When the products or services are not executed immediately, clear information is given on the product’s presentation page regarding the delivery dates of the products or services.
The customer certifies to have received a detail of the expenses of delivery as well as the methods of payment, delivery and execution of the contract, as well as a detailed information relating to the identity of the salesman, his postal, telephone and electronic coordinates, and to its activities in the context of this sale.
The Seller undertakes to honor the Customer’s order within the limit of the available Products only. Otherwise, the Seller informs the Customer; if the order has been placed, and in the absence of agreement with the Customer on a new delivery date, the Seller reimburses the customer.

The contractual information is presented in detail and in French.
The parties agree that the illustrations or photos of the products offered for sale have no contractual value.
The period of validity of the Products’ offer and their prices is specified on the Company’s websites, as well as the minimum duration of the proposed contracts when they relate to a continuous or periodic supply of products or services. Except under special conditions, the rights granted under the present conditions are only to the physical person signing the order (or the person holding the email address communicated). 

Article 6: Conformity In accordance with Article L.411-1 of the Consumer Code

The products and services offered for sale through these T & Cs comply with the regulations in force relating to the safety and health of persons, fair trading and consumer protection.
Regardless of any commercial warranty, the Seller remains liable for defects in conformity and hidden defects in the product. In accordance with Article L.217-4, the seller delivers a good in accordance with the contract and is liable for any lack of conformity existing at the time of delivery.
It also responds to any lack of conformity resulting from the packaging, installation instructions or installation when it has been charged to it by the contract or has been carried out under its responsibility. In accordance with the legal provisions regarding compliance and hidden defects (article 1641 civic law), the Seller refunds or exchanges defective products or those that do not correspond to the order. The refund can be requested here.

Article 7: Retention of title clause

The products remain the property of the Company until full payment of the price.

Article 8: Terms of delivery

The products are delivered to the delivery address that was indicated when ordering and within the time indicated.
These delays do not take into account the time of preparation of the order.
When the Customer orders several products at the same time they may have different delivery times but rare, we are committed to deliver all of your parcels at once, if necessary we keep you informed of the advanced of your order.In case of delay of shipment we will keep you informed later of the progress of your order, and we put at your disposal our service after sale at: support@gemellastyle.com; if the delay persists, please refer to the page shipments and returns.
In case of delay of delivery, the Customer has the possibility of resolving the contract in the conditions and modalities defined in the article L 138-2 of the Code of the consumption.
The Seller proceeds to the refund of the product and expenses “go” under the conditions of Article L 138-3 of the Consumer Code.
The Seller provides a telephone point of contact (cost of a local call from a landline) indicated in the order confirmation email to track the order.
The Seller recalls that at the moment when the Customer physically possesses the products, the risks of loss or damage of the products are transferred to him. It is the Customer’s responsibility to notify the carrier of any reservations regarding the delivered product.

Article 8: Terms of delivery

The products are delivered to the delivery address that was indicated when ordering and within the time indicated.
These delays do not take into account the time of preparation of the order.
When the Customer orders several products at the same time they may have different delivery times but rare, we are committed to deliver all of your parcels at once, if necessary we keep you informed of the advanced of your order.In case of delay of shipment we will keep you informed later of the progress of your order, and we put at your disposal our service after sale at: support@gemellastyle.com; if the delay persists, please refer to the shipments and returns  page

In case of delay of delivery, the Customer has the possibility of resolving the contract in the conditions and modalities defined in the article L 138-2 of the Code of the consumption. The Seller proceeds to the refund of the product and expenses “go” under the conditions of Article L 138-3 of the Consumer Code.
The Seller provides a telephone point of contact (cost of a local call from a landline) indicated in the order confirmation email to track the order.
The Seller recalls that at the moment when the Customer physically possesses the products, the risks of loss or damage of the products are transferred to him.
It is the Customer’s responsibility to notify the carrier of any reservations regarding the delivered product.

Article 9: Availability and presentation

In case of unavailability of an item for a period longer than 9 working days, you will be immediately notified of the foreseeable delivery times and the order of this article may be canceled on request. The Customer may then request a credit for the amount of the item or its full refund and the cancellation of the order.

Article 10: Payment

The payment is exigible immediately to the order, including for products pre-order.
The Customer can make the payment by credit card or or via a PAYPAL account.
Accepted the cards of the network Visa, Amex or Mastercard, online directly after the order, using the references of the order placed previously online ..
Cards issued by banks domiciled outside France must be international credit cards (Mastercard or Visa). secured online by credit card is made by our payment provider.
The information transmitted is encrypted in the rules of art and can not be read during transport on the network, the SITE provides the secure form standard SSL “Secure Sockets Layer” issued by the platform of the company cPanel crypt information to protect data related to personal information and means of payment.
The card numbers and the validity date of the card are instantly encrypted using the SSL protocol and never transit unencrypted on the site. process).
Once the payment has been initiated by the Customer, the transaction is immediately debited after verifying the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable.
By providing his bank details at the time of the sale, the Customer authorizes the Seller to debit his card with the amount relating to the price indicated. he is indeed the legal owner of the card to be debited and that he is legally entitled to make use of it. In case of error, or inability to debit the card, the Sale is immediately resolved by right and the order canceled.

Article 11: Withdrawal period

In accordance with the provisions of Article L 221-5 of the Consumer Code, the Purchaser has the right to withdraw without giving any reason, within fourteen (14) days of the date of withdrawal. receipt of the order.
The right of withdrawal can be exercised by contacting the Company as follows: support@gemellastyle.com specifying the nature of the reason.
We inform the Customers that in accordance with the provisions of articles L. 221-18 to L 221-28 of the Consumer Code, this right of withdrawal can not be exercised for gift cards, and gifts to be distributed during a purchase.
In case of exercise of the right of withdrawal within the aforementioned period, the price of the Purchased products and shipping costs will be refunded, the return costs will be borne by the Customer. Returns of products are to be made in their original condition and complete (packaging, accessories, instructions);
If possible, they must be accompanied by a copy of the proof of purchase. In accordance with the legal provisions, you will find below the standard withdrawal form to be sent to the following address:

21 Chemin de l’Eglise85210, Saint Hermine FRANCE .

Refund procedure: 
Only items purchased on the SITE may be returned to Gemella for refund or exchange.
On the exercise of any of the guarantees referred to in Article 12 or the right of withdrawal referred to in Article 13 above, the CUSTOMER follows the procedure described below: 

-The CUSTOMER completely completes and signs the form of return guarantee or return for retraction then the address to customer service (returns) of Gemella by email to the address following: support@gemellastyle.com or by mail to Gemella – 21 Chemin de l’Eglise, 85210, Saint Hermine FRANCE.
-A receipt of the return form Gemella sends the CLIENT an acknowledgment of receipt specifying the practical terms of return of the parcel.
-CUSTOMER packs the product according to the return instructions in their original packaging, complete, with original labels, accessories, instructions for use and warranty; s of exercise of the right of retraction, the CUSTOMER organizes the recovery and in any event not later than 14 days following the dispatch of his request for return to Gemella 
-Upon receipt of the package, Gemella contacts the CUSTOMER by e-mail or by telephone and confirms to him, according to the causes of the return and under the conditions mentioned above, the replacement by a new product or the reimbursement equivalent to the price of the product returned to the original date of purchase.

Article 12: Guarantees

In accordance with the law, the Seller assumes the following guarantees: of conformity and relating to the hidden defects of the products.
The Seller refunds the buyer or exchange the products apparently defective or not corresponding to the order made.
Reimbursement must be done as follows: by email: support@gemellastyle.com, specifying the nature of the guarantee, or by post at

21 Chemin de l’Eglise, Saint Hermine, FRANCE

with acknowledgment of receipt.
The Seller reminds that the consumer:
– has a period of 2 years from the delivery of the goods to act with the Seller,
– he can choose between the replacement and repair of the property subject to the conditions provided by the aforementioned provisions. apparently defective or not corresponding,
– that there is no need to prove the existence of the lack of conformity of the good during the six months following the delivery of the good. that, except second-hand goods, this period will be extended to 24 months from March 18, 2016; that the consumer can also assert the warranty against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, he can choose between the resolution of the sale or a reduction in the selling price ( provisions of articles 1644 of the Civil Code).

Article 13: Complaints and mediation

If necessary, the Buyer may submit any complaint by contacting the company using the following coordinates In accordance with the provisions of art. L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he can resort to a consumer mediator under the conditions provided by Title I of Book VI of the Consumer Code.
In case of failure of the complaint request to the customer service of the Seller, or in the absence of response within two months, the consumer may submit the different to a mediator https://www.mediateurfevad.fr/ who will try independently to bring the parties together to reach an amicable solution. The European Commission provides the consumer with an online dispute resolution platform which you can access by clicking on this link.

Article 14: Resolution of the contract

The order can be solved by the buyer by registered letter with acknowledgment of receipt in the following cases:
– delivery of a product that does not comply with the characteristics of the order;
– delivery exceeding the deadline fixed at the time of the order or, in the absence of date, within thirty days following the payment;
– Unjustified price increase or modification of the product.

In these cases, the buyer may demand the reimbursement of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit. Article 15: Intellectual property rights Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller.
No assignment of intellectual property rights is carried out through these GSC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.

Article 15: Intellectual property rights

Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No assignment of intellectual property rights is carried out through these GSC.
Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.

Article 16: Force Majeure

The performance of the obligations of the seller at the end hereof is suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its execution. The seller will notify the customer of the occurrence of such an event as soon as possible.

Article 17: Nullity and modification of the contract

If one of the stipulations of the present contract was canceled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parts. Any contractual modification is valid only after a written agreement signed by the parties. 

Article 18: Applicable Law and Clauses 

All the clauses contained in these general conditions of sale, as well as all the operations of purchase and sale which are there referred to, will be subject to French law.
The nullity of a contractual clause does not entail the nullity of the present general conditions of sale.

Article 19: Consumer Information

For the purpose of informing consumers, the provisions of the Civil Code and the Consumer Code are reproduced below: Article 1641 of the Civil Code:
The seller is liable for the guarantee for the hidden defects of the thing sold which renders it unsuitable for the use for which it is intended, or which diminishes the use so much that the buyer would not have acquired it, or would have given a lower price, if he had known. Article 1648 of the Civil Code:
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.In the case provided for by Article 1642-1, the action must be introduced, on pain of foreclosure, within one year from the date on which the seller may be discharged from apparent defects or defects of conformity.

Article L. 217-4 of the Consumer Code:
The seller delivers a good in accordance with the contract and responds to defects of conformity existing at the time of delivery. It also responds to the lack of conformity resulting from the packaging, assembly instructions or of the installation when it was charged to it by the contract or was carried out under its responsibility.
Article L. 217-5 of the Consumer Code:
The property is in conformity with the contract: 1 ° If it is fit for the customary use of a similar good and, if applicable: – if it corresponds to the description given by the seller and possesses the qualities that he has presented to the buyer in the form of a sample or a model – if he has the qualities that a buyer can legitimately expect given the public statements made by the seller, by the producer or his representative, in particular in advertising or labeling; 2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, made known to the seller and that the latter has accepted.
Article L. 217-12 of the Consumer Code:
The action resulting from lack of conformity is prescribed by two years from the delivery of the goods.
Article L. 217-16 of the Consumer Code:
When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or the repair of a movable property, a discount warranty coverage, any downtime of at least seven days is in addition to the remaining warranty period.
This period runs from the request for intervention of the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.

RETURN FORM

Before sending your product, thank you for completing this form in capital letters and send it to the following email address support@gemellastyle.com, or to the following address: 
Gemella – 21 Chemin de l’Eglise, 85210, Saint Hermine, FRANCE with your product (s).
This information will allow us to process them as soon as possible.
To the attention of Gemella – 21 Chemin de l’Eglise, 85210, Saint Hermine, FRANCE
I hereby notify you of my withdrawal from the contract for the sale of the property below: 

———- ————————————————– ————————————————
Name of CUSTOMER:
CUSTOMER’s address:
CUSTOMER’s e-mail address:
CUSTOMER’s telephone number (optional):
Number and date of the order:
Date of receipt of the order: 


The CUSTOMER bears the costs of return of the goods in case of withdrawal.


Signature of the CUSTOMER CLIENT_______________________________


The:_______________     At:________________


Gemella

21 Chemin de l’Eglise,
85210, Saint Hermine,
FRANCE

Registered in the Trade and Companies Register of PARIS,
under the number SIRET –
represented by M.Sandri Nicola

as manager,
duly authorized for the purposes hereof.

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