These general terms and conditions of sale apply automatically to all sales of products (hereinafter referred to as "Products") concluded between :
- DISTRIBRANDS CORP, a simplified joint stock company with capital of 26,000 €, registered with the LYON Trade and Companies Register under number 842.080.046, whose registered office is located at 92 Rue Louis Becker, 69100 Villeurbanne, France
Hereinafter referred to as "The Seller",
And,
- Non-trading individuals with the capacity to contract who wish to purchase one or more items marketed on the website accessible from the URL address https://geographicalnorway.com
Hereinafter referred to as "The Customer",
ARTICLE 1 - ACCEPTANCE - ENFORCEABILITY
In accordance with the provisions of article L 113-3 of the French Consumer Code, the present general terms and conditions of sale are brought to the Customer's attention when the order is placed, and appear on the Vendor's website accessible from the URL address https://distribrand.com/ (hereinafter referred to as "the Site").
By placing an order, the Customer accepts and acknowledges that he/she is fully aware of them, and hereby waives the right to rely on any contradictory document. No document other than the present may create obligations for the parties or derogate from the present unless it is in writing and signed by the parties. The GCS are accessible at all times on the Site and will prevail, if necessary, over any previous version or any other contradictory document. The Customer may request that the General Terms and Conditions of Sale be sent to him by e-mail by the Vendor. They may also save, edit or copy them, it being specified that the saving, editing or copying of this document is the sole responsibility of the Customer, as these GCS may be subject to modification.
The Vendor may modify its general terms and conditions of sale, published on its website, at any time. https://distribrand.com/. Modifications to these terms and conditions are enforceable against customers from the date they are posted online, and apply to transactions concluded after their posting online.
ARTICLE 2 - PRE-CONTRACTUAL INFORMATION
Prior to placing an order and entering into a contract, the Customer acknowledges having been informed, in a legible and comprehensible manner, of the present GTCS and of all the following information: the essential characteristics of the Products; the price of the Product and of transport costs; the delivery time; information concerning the identity of the Vendor, its postal, telephone and electronic contact details and its activities; information concerning the right of withdrawal, legal guarantees; the possibility of recourse to a consumer mediator.
ARTICLE 3 - PRODUCTSThe products sold by the Vendor are those listed on the Site on the day of consultation by the Customer.
Product offers on the Site are valid only while stocks last. Availability may vary within the same day depending on the level of sales recorded by the Vendor. The Vendor updates availability very frequently on the Site, but cannot be held responsible if stock is not identical to that indicated on the Site. In the event that a Product is unavailable after the Customer has placed an order, the Vendor undertakes to inform the Customer by e-mail within eight (8) days from the date of the order, and to inform the Customer of the waiting period for receipt of the Product.
Each product is described in detail, including photograph, price, sizes, available colors and main characteristics.
Product photographs may include minor differences between the product and the illustration, depending on the color resolution of the Customer's computer screen or smartphone.
The Vendor undertakes to deliver products that comply with legal and regulatory health and safety requirements.
ARTICLE 4 - ORDERING
4.1 Navigation within the Site. The Customer may view the various Products offered for sale by the Vendor on its Site and browse freely through the various pages of the Site, without being bound by any order.
4.2 Registering an order. If the Customer wishes to place an order, he/she will select the various Products in which he/she is interested, and will express said interest by clicking on the "Add to basket" box. At any time on the Site, the Customer may :
- obtain details of the Products they have selected, by clicking on "My basket",
- continue their selection of Products by clicking on "Back to Home",
- complete their selection of Products and order them by clicking on "Validate my basket".
To order the Products thus selected, after clicking on "Validate my basket", the Customer must identify himself, either by entering his e-mail address and confidential password, if he has already created an account, or by clicking on "Register" if he has not. In the latter case, the Customer must accurately complete the form provided, on which he/she must enter the information required for identification, in particular surname, first name, date of birth and e-mail address. In addition, the Customer must provide the password of his/her choice, which will be personal and confidential, and which he/she will need to identify him/herself later on the Site. The Customer is hereby informed and accepts that entering his/her e-mail address and password constitutes proof of his/her identity. Once identified, the Customer must validate the delivery address. An order form will appear on the screen, detailing in particular: the nature, quantity and price of the Products selected by the Customer, as well as the total amount of the order, the Customer's contact details, the deadline for delivery of the Products, the delivery address of the Products. The Customer may correct any errors before confirming the order. If this is the case, a new order form will automatically be issued.
4.3 Final validation of the order. Once the Customer has read the order form and completed all the information requested, he/she will tick the box indicating acceptance of these terms and conditions of sale and click on "Confirm order". Confirmation of the order includes the words "Order with payment obligation". This second click constitutes an electronic signature. This signature is binding on the Customer in the same way as a handwritten signature. The order form will be recorded on the Vendor's computer registers, which are themselves stored on a reliable and durable medium, and will be considered as proof of the Customer's commitment. The Customer may choose the method of payment he/she wishes, from among those proposed by the Vendor, and will proceed with payment for the Products under the conditions set out in article 6.
4.4 Order summary. Once the payment method has been validated on the Site, a summary of the Customer's order will be displayed, including the transaction number. The sale will only be considered definitive once the Vendor has displayed the order summary, which is considered to be an acknowledgement of receipt of the order. An e-mail will then be sent to the Customer summarizing the order when it is recorded (hereinafter referred to as "the Contract").
4.5 In any event, the Vendor reserves the right to refuse any order or delivery in the event of (i) an existing dispute with the Customer, (ii) total or partial non-payment of a previous order by the Customer, (iii) refusal of authorization for payment by credit card by banking organizations. In such cases, the Vendor cannot be held liable.
4.6 Order tracking. The Customer may consult the status of his order at any time by consulting the "Order tracking" section. This enables the Customer to check the status of his order, as well as the status of shipment or delivery of his parcels. Customers may at any time contact the Vendor's customer service department to obtain information on the status of their order, using the contact details given in article 12.
Any order cannot be modified once it acquires the status "in preparation".
Distribrands Corp has the right to cancel or refuse any order from a customer with whom there is a dispute over payment of a previous order.
Distribrands Corp may issue a credit note to the customer in the event of unavailability of a product following a return due to size unavailability.
The credit note is valid for one (1) year for all new orders placed on the website, which can be accessed at https://www.geographicalnorway.com.
However, the customer may request reimbursement of the credit note for the duration of its validity.
Geographicalnorway.com may be entitled to request proof of identity and/or address from the customer in order to verify the identity of the holder of the credit card used for payment.
ARTICLE 5 - PRICES
The prices indicated on the product sheets are in Euros, and include all taxes, but exclude handling and shipping costs which are invoiced, where applicable, in addition on the basis of the rate applicable on the day of the order, and which are communicated to the Customer before the order is placed.
The applicable value-added tax is that in force in metropolitan France on the day the order is placed.
The Vendor reserves the right to modify its prices as it sees fit, it being specified that the price indicated on the order form issued by the Vendor is the final price and includes VAT and shipping costs.
Products ordered are invoiced at the rates in force when the order is placed, subject to availability.
For certain Products, additional shipping costs may be added to the flat-rate shipping costs, the amount of which will be duly specified in the sales offer.
Product prices for French overseas departments and territories, Switzerland and other non-EU countries are quoted exclusive of tax.
Orders placed on the website https://geographicalnorway.com/may be subject to taxes and customs duties.
It is the customer's responsibility to find out about any customs duties and charges applicable to their situation when placing an order. The Customer is solely responsible for verifying the possibility of importing the Products ordered under the laws of the country of delivery. The Vendor is not obliged to check and inform the Customer of applicable customs duties and taxes, nor of the laws and regulations of the country to which the Products are delivered.
Any such customs duties and charges shall be borne exclusively by the Customer.
ARTICLE 6 - PAYMENT TERMS
6.1 Upon acceptance of the order by the Vendor, the Customer undertakes to pay the Vendor in full.
Failing this, the order will not be processed.
6.2 Payment for the order may be made either :
- by credit card
Transactions carried out on the https://geographicalnorway.com/ website are protected by the universal SSL (Secure Socket Layer) encryption system.
The Customer is informed that the Vendor subcontracts the management of payments to the external service provider "ShopPay". The Customer's bank details are known only to "HiPay" and do not pass through the Site's web server. Consequently, the Customer acknowledges that at no time will the Customer's bank details pass through the Vendor's computer system, and that the Vendor cannot be held liable in the event of fraudulent removal of the Customer's bank details.
6.3. The Vendor shall not be obliged to deliver the Products ordered by the Customer if the latter does not pay the price in full in accordance with the above conditions. The payment itself will only be deemed to have been made once the Vendor has actually received the funds.
6.5. Any sum not paid by the due date will automatically generate late payment interest corresponding to three times the legal interest rate. This interest will be due until the date of payment of the sum due, including interest.
ARTICLE 7 - DELIVERY TERMS
Delivery means the transfer to the Customer of physical possession or control of the Products. Delivery is only possible after confirmation of payment by the Seller's bank.
Products ordered are sent to the delivery address indicated by the Customer at the time of ordering, provided that this is within the authorized delivery zones specified in the sales offer.
In the event of an error or omission by the Customer in communicating the delivery address, the Vendor cannot be held responsible for the impossibility of delivering the products ordered.
The Vendor undertakes to deliver the products within a maximum of seven (7) days from receipt of payment.
Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered in a single shipment.
The Customer is informed and accepts that the Vendor may entrust delivery operations to third parties of its choice.
If, at the time of delivery, the original packaging is damaged, torn or open, the Customer must check the condition of the Products. If they have been damaged, the Customer must refuse the parcel and note a reservation on the delivery slip ("parcel refused because opened or damaged"). The Customer must indicate on the delivery note, in the form of handwritten reservations accompanied by his/her signature, any anomaly concerning the delivery (Product missing in relation to the delivery note, damaged package, broken Products, etc.). This verification is considered to have been carried out once the Customer, or a person authorized by the Customer, has signed the delivery slip.
The Customer is solely responsible for any returns made by the carrier.
Distribrands Corp will contact the customer by e-mail to request a full address and a bank transfer of :
_ Six Euros (6.00 Euros) for shipment by So Colissimo Domicile (home delivery),
Five Euros (5.00 Euros) for shipment by Relais Colis (delivery to local shops).
In the absence of a response from the Customer within one (1) month of the e-mail being sent, Distribrands Corp will proceed with the resale of the products ordered.
The Customer will receive a credit note for the amount of the order, excluding shipping costs, or may request a refund of the credit note.
ARTICLE 8 - RIGHT OF WITHDRAWAL
8.1 The Customer may withdraw from this Contract without giving any reason within fourteen (14) clear days from the date on which the Customer or a third party other than the carrier takes physical possession of the Products.
8.2 Notification of right of withdrawal. The Customer must notify his decision to withdraw by means of an unambiguous statement using a durable medium (for example, letter sent by post or via our online live chat).
The Customer may use the following withdrawal form or any other unambiguous statement:
"(Please complete and return this form only if you wish to withdraw from the sale).
For the attention of Distribrands Corp, 92 Rue Louis Becker, 69100 Villeurbanne, France.
I, the undersigned (surname, first name, address) hereby notify you of my withdrawal from the contract for the sale of goods (specify description), ordered on (specify date) and received on (specify date).
Signature and date".
The customer will immediately receive an acknowledgement of receipt of the withdrawal.
In order for this withdrawal period to be respected, the Customer must send his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
8.3 Effect of withdrawal. In the event of withdrawal, the Vendor will reimburse the Customer for all payments received from the Customer, including the initial delivery costs, without undue delay and, in any event, no later than fourteen (14) days from the date on which the Vendor is informed of the Customer's decision to withdraw. The Vendor will proceed with the reimbursement using the same means of payment that the Customer used for the initial transaction, unless the Customer expressly agrees to a different means. This refund will not incur any costs for the Customer. The Vendor reserves the right to defer reimbursement until it has received the Products or until the Customer has provided proof of shipment of the Products, whichever comes first.
8.4 Return policy. Products must be returned without undue delay and, in any event, no later than fourteen (14) days after communication of the decision to withdraw. This deadline is deemed to have been met if the Customer returns the Products before the fourteen (14) day deadline has expired.
In any event, Products must be returned in new condition, in their original packaging and accompanied by the invoice.
Products must be returned to the following address:
104 Rue Denis Papin, 77550 Moissy Cramayel, FRANCE
The Customer may be held liable in the event of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these goods, i.e. when items are returned incomplete, damaged, used or soiled. In such cases, the Vendor reserves the right to hold the Customer liable and to request payment of compensation proportionate to the purchase price of the said Products.
In the event of retraction, the costs of returning the Products shall be borne exclusively by the Customer.
9.1. The Products supplied by the Vendor benefit, in accordance with legal provisions, from the legal guarantee of conformity under the conditions of articles L.217-4 et seq. of the French Consumer Code, and from the guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the Products delivered and rendering them unfit for use, under the conditions provided for in articles 1641 et seq. of the French Civil Code.
9.2. Legal warranty of conformity
9.2.1. Article L217-4 of the French Consumer Code: the seller is required to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery.
He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility.
9.2.2. Article L217-5 of the French Consumer Code: the good conforms to the contract:
1° If it is fit for the purpose usually expected of similar goods and, where applicable :
- if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect, having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
9.3. Warranty against hidden defects
9.3.1. Article 1641 of the French Civil Code: the seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
9.3.2. Article 1648 al 1er of the French Civil Code: the action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
In the case provided for in article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be discharged of the apparent defects or lack of conformity.
9.5. Any warranty is excluded in the event of use or storage of the Products which does not comply with the provisions set out in the documentation attached to the Products.
9.6. The Vendor will not be considered responsible or in default if it can prove that the delay or non-performance is due to force majeure or is attributable to the Customer.
ARTICLE 10 - RETENTION OF TITLE
IN ANY EVENT, THE TRANSFER OF OWNERSHIP OF THE PRODUCTS ORDERED TO THE CUSTOMER WILL ONLY TAKE PLACE AFTER FULL PAYMENT OF THE PRICE BY THE LATTER.
The Customer must ensure that the Products can still be identified after delivery.
ARTICLE 11 - FORCE MAJEURE
Neither party may be held liable if it is prevented or delayed from fulfilling its obligations due to force majeure, resulting from an unforeseeable, irresistible event beyond its control.
In particular, in the event of fire, climatic events, natural disasters, pandemics, or any other accident causing the total or partial destruction of the company, a general strike, lack of motive power or raw materials resulting from a general cause.
In the event of force majeure, delivery will be postponed to a later date after the cessation of the force majeure event, without the Customer or the Vendor being able to claim any compensation for any loss whatsoever.
If the force majeure event lasts longer than four (4) weeks, either party will have the right to terminate the Contract by registered letter with acknowledgement of receipt, free of charge.
In this case, the Vendor will refund the sums paid by the Customer at the time of placing the order, to the exclusion of any other compensation due by the Vendor to the Customer.
To contact the Vendor, the Customer may send a message to the Vendor via online chat.
To track the progress of his order, the Customer can log on to the "my account" section of the https://geographicalnorway.com/ website.
ARTICLE 13 - PERSONAL DATA
In the context of managing the Customer's order, the Vendor will be required to process the Customer's personal data under the conditions defined in its confidentiality policy. The Customer is therefore invited to visit the following page https://geographicalnorway.com/pages/politique-de-confidentialite-geographical-norway in order to obtain information on the processing conditions applied.
All texts, comments, images and product photographs reproduced on the https://geographicalnorway.com/ website are the exclusive property of the Vendor, and are protected by copyright.
Any reproduction, even automated, of product presentation pages or any other pages of the site, for commercial purposes, is prohibited.
Only the automatic indexing of site pages resulting from natural referencing in Internet search engines is authorized.
Geographical Norway is a registered trademark owned by Super Brand Licensing and registered with the EUIPO under number 018047713.
Any total or partial reproduction of this trademark is strictly prohibited and may constitute an act of counterfeiting.
In accordance with the provisions of the French Intellectual Property Code, only the use of texts, comments and images on the Site for private use is authorized.
Any other use constitutes an act of counterfeiting.
The Vendor reserves the right to take legal action to protect its rights against any person acting in breach of these provisions.
ARTICLE 15 - GENERAL PROVISIONS
15.1 In the event that one or more of the stipulations of the present General Terms and Conditions of Sale are held to be invalid or declared as such in application of a law, regulation or following a final decision of a competent court, the other stipulations shall retain all their force and scope.
15.2. These General Terms and Conditions of Sale and the order summary sent to the Customer form a contractual whole and constitute the entire contractual relationship between the Parties.
15.3. In the absence of proof to the contrary, the data recorded by the Vendor constitutes proof of all transactions.
15.4. Any contract concluded with the Customer corresponding to an order amounting to more than 120 euros inclusive of tax will be archived by the Vendor for a period of ten (10) years in accordance with Article L213-1 of the French Consumer Code. The Vendor will archive this information in order to monitor transactions and produce a copy of the contract at the Customer's request.
15.5. In the event of a dispute, the Vendor will have the possibility of proving that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
ARTICLE 16 - APPLICABLE LAW AND JURISDICTION
16.1 All clauses contained in these General Terms and Conditions of Sale, as well as all sales transactions referred to herein, are governed by French law.
16.2. In the event of a dispute, an amicable solution will be sought between the parties. The Customer is hereby informed of the possibility of resorting, in the event of a dispute, to a conventional mediation procedure or any other alternative dispute resolution method. In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, the Seller subscribes to the AME CONSO mediator service. The consumer may refer the matter free of charge to the consumer ombudsman responsible for the professional, i.e. AME CONSO, within one year of the written complaint sent to the professional.
Referral to the consumer ombudsman must be made :
- either by completing the appropriate form on the AME CONSO website: www.mediationconso-ame.com
- or by post to AME CONSO, 11 Place Dauphine - 75001 PARIS.
