General Terms and Conditions of Sale

Updated on 10 February 2020

Preamble

It is recommended you read these General Terms and Conditions of Sale (hereinafter referred to as the “GTCS”) carefully, before placing any order on the website. If you have any questions regarding these GTCS, contact Customer Services before placing an order.

The website www.en.sergent-major.com (hereinafter referred to as the “Website”) is a service from the company GENERALE POUR L’ENFANT (GPE), a simplified joint-stock company with a share capital of EUR 15,499,292.50, entered in the Bobigny Business Register under number 412 552 390, with intracommunity VAT number FR38412552390 and head office at 49/51 Rue Emile Zola, 93100 Montreuil, represented by its Chairman, Mr Paul Zemmour.

While the company GPE operates the Website, the company Global-e France SAS (hereinafter referred to as “Global-e”) provides the order processing and handling services and the pages for order validation, delivery choice and payment.

After the information relating to the order and payment has been successfully validated, Global-e purchases the products from GPE and resells and ships these to the Customer in accordance with Global-e’s Terms and Conditions of Use.

By using the Website, the Customer accepts the GPE GTCS as well as the Global-e Terms and Conditions of use. If the customer does not wish to accept these GTCS, he/she must refrain from using the Website.

The Global-e Terms & Conditions of use will apply to the sales made via our Website.

For more information on Global-e:
- Privacy policy
- Terms

CLAUSE 1 - Hosting - Production

The site is hosted by the company SALESFORCE.COM EMEA Limited, with head office at Floor 26 Salesforce Tower, 110 Bishopsgate, London EC2N 4AY, United Kingdom, entered in the Business Register for England and Wales under number 05094083, with intracommunity VAT number GB844903710, represented by José Luiz Moura Neto.

The website is produced by OSF Global France S.A.S.U., a société par actions simplifiée unipersonnelle having its registered office at 12 place de la Défense – Maison de la Défense – 92974 – Paris La Défense Cedex, registered with the Commercial and Company Register of Nanterre under B 750 118 895 and represented by Gerard Szatvanyi, acting in his capacity as President.

The Website Publication Director is Mr Paul ZEMMOUR.

CLAUSE 2 – Definitions

“Customer” means any natural person, of age, who is not a trader, having at least the legal capacity to contract, and residing in the territory stated in clause 3.3 below, who places an order for non-professional purposes on the Website at the stated price and under the stated terms and conditions.

“Order” means any order relating to the Products shown on the Website at the rates indicated and accompanied by the intended payment.

“General Terms and Conditions of Sale” or “GTCS” mean the terms and conditions, as summarized in this document, which govern the sale by GPE of Products to all Customers.

“Product(s)” mean all products offered for sale on the Website.

“Website” means the website www.en.sergent-major.com published by the company GPE.

“Vendor” means the company GPE.

CLAUSE 3 - Purpose, applicable law and region

3.1. Purpose

3.1.1. The purpose of these GTCS is to define the methods by which sale are conducted between the Vendor and the Customer, through Global-e, of Products or services marketed by the Vendor on the website only. The GTCS govern the conditions for the completion, payment, tracking and delivery of Orders and, if applicable, Order warranties and retractions, under the conditions set by the GTCS and by the law applicable to the GTCS.

3.1.2. All orders imply the purchaser’s unreserved acceptance and compliance with these GTCS, which will prevail over any other of the Customer’s documents, and in particular over any General Terms and Conditions of Purchase, unless expressly agreed in advance by the Vendor. As a result, the fact that the Customer places an order means the latter shall comply with these GTCS without reservation or restriction. Any document other than these GTCS (catalogue, brochure, adverts, notices, e-mailings, etc.) shall be for information purposes only and are non-contractual.

3.1.3. The Vendor can modify these GTCS at any time. In the event of an amendment, the GTCS applied to each Order will be those in force on the day the Order is placed by the Customer and which the latter has accepted, these terms and conditions thus forming the GTCS as described in the Preamble.

3.2. Applicable law, competent courts and contract language

3.2.1. These GTCS are governed by French law. The [original] language of these GTCS is French.

3.2.2. For any complaints, please contact Customer Services:

By post at the following address: 45 Leather Lane, London EC1N 7TJ, United Kingdom

Via the contact form, click here.

3.2.3. In the event of dispute, the French courts will be solely competent. Any dispute originating from the application, interpretation and execution of these presents, or linked to the use of the Website or to any purchase made via the Website will be brought before the Courts of the Customer’s place of domicile, or failing this before the courts of Bobigny, regardless of the place of Order, delivery or payment or of the payment method, and this even in the event of third-party proceedings or multiple defendants.

3.2.4. Furthermore, the Customer shall, in the event of a dispute, have the option to take recourse in a conventional mediation procedure or any other alternative method for settling disputes or differences in the event of a disagreement. The GPE Group is a member of the FEVAD [French Federation for e-commerce and distance sales] (FEVAD - 60 rue de la Boétie 75008 Paris, France). Consequently, it follows its code of ethics and the e-commerce mediation system. In the event of dispute, the Customer may be offered mediation. To find out more: www.fevad.com.

3.3. Region

Orders likely to be placed via the Website, through Global-e, may validly be concluded between the Vendor and a Customer residing in any country (with the exception of the following countries: France and Malaysia).

CLAUSE 4 - Orders

Prior to ordering, the Customer is given all the information provided for by Articles L.221-5 and L.221-8 of the [French] Consumer Code, as amended by the Law of 17 March 2014.

4.1. First Order on the Website

When a Customer places an on-line Order via the Website for the first time, he/she must create an account, for which the following information must be provided: surname, forename, address, telephone, e-mail address and password, and he/she shall commit to the accuracy of the information provided. The Customer will then use his/her account for every new Order without having to enter all his/her contact details, except for his/her bank details, which must be entered for every Order placed unless the Customer chooses to save these when ordering, for use with future Orders.

The Customer can, if he/she so desires, also opt to be informed of exclusive offers on the Website.

If he/she loses the password, the Customer can click on “forgotten password” when logging in. He/she will be sent an e-mail allowing the password to be reset. In the event of fraudulent use of the Customer’s data (identity, bank card, etc.) the latter is asked to inform the Vendor of this immediately by e-mail sent to the following address rgpd@groupe-gpe.com.

4.2. Customer acceptance of the General Terms and Conditions of Sale

Any Order placed via the Website requires viewing and prior express acceptance of the GTCS by the Customer, who can save or print the GTCS applicable to his/her Order. When the Customer wishes to finalize his/her Order, he/she can print a summary of this.

At the end of the Order process, the steps of which are clearly identified as per the provisions of Articles 1127-1 ff of the [French] Civil Code, the Customer is asked to accept the GTCS, confirm the Order and make payment for this.

All Order confirmations shall serve as irrevocable acceptance of the terms of these GTCS.

4.3. Order acceptance by the Vendor

When validating the basket, the Customer may select the delivery country and proceed to pay for the order.

As the order validation, delivery choice and payment pages on the Website are provided by Global-e, the Customer must accept the Global-e Terms and Conditions of use.

After the delivery and payment information has been successfully verified, Global-e purchases the Products from the Vendor and then resells them to the Customer in accordance with Global-e’s Terms and Conditions of Use.

The Order will be definitively validated after the payment has been confirmed.

An order and payment confirmation e-mail will be sent to the Customer with a summary of all the information already provided. Global-e will acknowledge receipt of the order placed and will confirm its acceptance to the Customer.

4.4. Information and Assistance

For any information, questions or advice, please contact the Global-e Customer services: By post at the following address: 45 Leather Lane, London EC1N 7TJ, United Kingdom, By e-mail at the following address: service@global-e.com.

Via the contact form available on the website.

4.5. Cancellation

As these provisions form an integral part of the sale contract between the Customer and Global-e, the Customer must refer to the Global-e Terms and Conditions of Use for further information on cancellations.

CLAUSE 5 - Product Description

In accordance with Article L. 111-1 of the Consumer Code, as amended by the Law of 17 March 2014, the Customer may, prior to placing an Order, find out from the Website the basic characteristics of the Product(s) he/she wishes to order.

The Vendor may offer the Customer personalization of certain products. In order to validate an order for one or more personalized Products, the Customer must validate the pre-view of the text he/she has chosen, in order to ensure the compliance of the message to be embroidered, and in particular: the colour, font size, typographics and content of the message.

Customer validation entails his/her complete acceptance of the embroidery of the text he/she submitted to the Vendor.

The Customer will be solely responsible for the text chosen for the personalization of his/her Product. The Customer shall undertake: - to comply with existing intellectual property rights (in particular: trademarks, copyright, personality rights, etc.), - not to submit text for which the content may prove to be illegal or immoral (in particular text of a pornographic, paedophiliac or racist nature, etc.).

The Vendor can in no event be held liable for the consequences resulting from the Customer’s choice of text to be embroidered.

However, the Boutique staff member helping the Customer with his/her Order shall reserve the right to not take an order for personalized Products if the above conditions have not been met. Likewise, the Vendor reserves the right to cancel such an order.

CLAUSE 8 - Rates - Reductions

8.1. Applicable rates

The prices are shown in local currency in line with the country in which the Customer resides, inclusive of VAT, but excluding preparation and delivery costs, and also local taxes due in the Customer’s specific country of residence, which will be the latter’s sole responsibility.

The prices shown include VAT at the rate applicable on the date of the Order. If the VAT rate changes, it will be automatically added to the product prices.

The Customer is informed of the flat-rate contribution for the preparation and delivery costs on the order summary, and this before the latter is validated.

All Orders shall serve as acceptance by the Customer of the prices and descriptions for the Products and services offered for sale on the Website.

For deliveries in European Union Member States, prices are given in Euro, inclusive of tax (VAT + other applicable taxes), excluding carriage, which remains the Customer’s responsibility.

For deliveries outside the European Union, prices are automatically shown exclusive of tax and carriage. Customs duties, other local or state taxes or import duties may also be applied. These will be borne by the Customer under his/her sole responsibility in terms of both declaration and payment to the competent local authorities.

In the event the Customer refuses to pay the duties or taxes outlined above, the Vendor cannot be held liable for the consequences of this refusal, and will therefore not be obligated to compensate or refund the amounts paid in the event the parcel is destroyed by customs.

The Vendor is free to amend the sale price of its Products and services at any time. If one or more mandatory taxes or contributions come to be created or modified, either upwards or downwards, this change may impact the sale price of the Products offered on the Vendor’s Website.

However, the Vendor shall undertake to apply to the Customer the prices and taxes that the latter was shown on validation of his/her Order. Furthermore, the Customer is informed of the preparation and delivery costs for his/her Order on viewing his/her shopping basket and when placing the Order.

The Customer must refer to the Global-e Terms and Conditions of use for further information on customs duties and local taxes.

8.2. Discount offers

Discount offers, codes and vouchers (hereinafter referred to as the “Discount(s)”) shall only be valid for the duration and under the validity conditions of the offer concerned. They can in no event be converted into a sum that is refundable or payable to the Customer.

The Discounts can only be used by the Customer concerned and are not transferable to third parties. They are deducted from the fully-inclusive amount of the Order, excluding the Order preparation and delivery costs. Unless provided for to the contrary in a specific Discount offer, Discounts cannot be combined when placing an Order.

When the Customer enters multiple simultaneous Discounts on the Website, he/she can, for a single order, benefit from the highest Discount amount only.

CLAUSE 9 - Payment

CLAUSE 10 - Delivery

Ownership of the Products purchased via the Website can only be transferred to the Customer after payment in full of all sums due. Failure by the Customer to meet his/her payment obligations shall give the Vendor and Global-E the right to demand immediate return of the Products delivered, at the Customer’s risks and cost.

CLAUSE 11 - Returns and exchanges

CLAUSE 12 - Statutory warranties

12.1. Statutory compliance warranty

Our products benefit from statutory warranties on compliance (Art. L217-4 ff of the Consumer Code) and against hidden defects (Art. 1641 ff of the Civil Code), allowing the consumer to return non-compliant or defective Products delivered.

- Consumer Code - Article L217-4: The vendor shall be obligated to deliver goods compliant with the GTCS and respond to compliance faults existing on delivery. It must also respond to compliance faults resulting from the packaging (…)

- Consumer Code - Article L217-5: In order to comply with the GTCS, the goods must:

1) Be suitable for the expected customary use of a similar item and, if applicable: match the description given by the vendor and have the qualities the latter stated to the purchaser in the form of a sample or model; have the qualities that a purchaser can legitimately expect in regard of the public declarations made by the vendor, by the producer or by its representative, particularly in the advert or label,

2) Or have the characteristics defined mutually between the parties or be suited to any special use sought by the purchaser, brought to the vendor’s knowledge and that the latter has accepted.

- Consumer Code - Article L217-12: Action resulting from the compliance fault shall be subject to a limit of two years as of delivery of the goods.

- Civil Code - Article 1641: The vendor shall be obligated to provide a warranty against hidden defects in the item sold that render this unsuitable for its intended purpose, or which reduces this use in such a way that the purchaser would not have bought it, or would only have paid a lower price for it, if these had been known.

- Civil Code - Article 1648(1): Action resulting from hidden defects rendering an item unfit for purpose must be brought by the purchaser within two years of discovering the defect.

The Customer must provide all proof as to the real nature of the faults observed; the Vendor reserving the right to proceed, directly or indirectly, with action to establish or verify the facts, and possibly on site.

The defects or deteriorations in the Products delivered that relate to abnormal storage conditions and/or conservation at the Customer’s premises, particularly in the event of an accident of any nature whatsoever, cannot open the right to the warranty due from the Vendor.

This statutory compliance warranty shall apply independent of any commercial warranty that may be granted by the Vendor.

It is pointed out that, within the framework of the statutory compliance warranty, the consumer:

• benefits from a period of two years as of delivery of the item to act with regard to its vendor;
• may choose between the repair or replacement of the item, unless the cost of the latter is clearly excessive;
• is exempt from providing proof of the existence of the compliance fault during the six months following delivery of the item. This period was extended to 24 months as of 18 March 2016.

It is pointed out that the consumer may decide to implement the warranty against hidden defects in the item sold within the sense of Article 1641 of the Civil Code and that in this case, he/she may choose between cancelling the sale or a reduction in the sale price, in accordance with Article 1644 of the Civil Code.

12.2. Commercial warranty

In addition to the statutory warranties described in Article 11.1 of this document, the Customer may, for some Products, benefit from a commercial warranty. The invoice for the Product must be kept in order to be able to benefit from the commercial warranty on this.

CLAUSE 13 - Intellectual Property

The Website and its content are protected by intellectual property rights. All the elements shown on the website (trademarks, logos, text, photos) are the sole property of the Vendor. Any use, reproduction or modification of these elements, even in part, is prohibited without prior written authorization from the Vendor.

CLAUSE 14 - Liability

14.1. The Vendor’s liability cannot be incurred in the event where failure to fulfil its obligations is attributable to a case of force majeure as defined by law and the French courts.

The following are considered as cases of force majeure or unforeseen circumstance:

- events beyond the control of the parties,
- events that the parties could not reasonably be expected to predict,
- events that the parties could not reasonably be expected to avoid or overcome,
- events for which the occurrence renders fulfilment of obligations completely impossible.

The following are also likened to cases of force majeure discharging the obligation to deliver within the initially forecast timescales:

- strikes by all or part of the company’s workforce or its usual carriers,
- fires,
- floods,
- wars,
- production shutdowns due to unforeseen breakdowns,,
- epidemics,
- weight limits during thaw conditions,
- roadblocks,
- strikes or disruptions to the electricity/gas supply,
- other causes of supply disruptions attributable to suppliers.

In such circumstances, the Vendor will advise the Customer in writing, particularly by fax or e-mail, within twenty-four (24) hours of the date the events occur; the GTCS linking the Vendor and Customer thus being suspended ipso jure without compensation, as of the date the event occurred.

14.2 If the events last longer than thirty (30) days as of the date of occurrence, the sales contract can be terminated by the more diligent party without giving rise to damages. The termination will take effect on first presentation of the registered letter revoking the GTCS.

14.3. Likewise, the Vendor’s liability cannot be incurred for any inconvenience or damage linked to the use of the internet, particularly an interruption to the website’s availability, a disruption to service, external intrusion or the presence of computer viruses, loss or alteration of data or files, or for indirect damage, regardless of the causes and consequences thereof.

CLAUSE 15 - Electronic signature, proof and archiving

The on-line provision of the bank card number and final validation of the Order shall constitute the proof of the Order in its entirety and lead to the Customer being liable for the total amount of the Order.

The Parties shall agree that all the data, information, files relating to the dates and times of Website visits and Orders and any other digital element exchanged between them will constitute admissible and valid means of proof binding on the Parties and in court and having the evidential value of a private deed.

The Parties shall undertake not to contest the admissibility, validity, binding force or evidential value of the aforementioned elements in electronic format, on the basis of their electronic nature. Unless proven to the contrary, these elements will be valid and binding on the Parties in the same way, under the same conditions and with the same evidential value as any document that could be drawn up, received or kept in writing in accordance with Article 1366 of the Civil Code. The Vendor archives Order Forms and invoices on reliable and sustainable media forming a complete and lasting copy thereof.

In the event of fraudulent use by a third-party of his/her bank card, the Customer is asked to inform the Vendor of this without delay by writing to or phoning Customer Services and by reminding the Vendor of the card number concerned, the date of the Order and with proof of his/her identity, without which information the Vendor cannot open any right to reparation for the Customer or to any refund. If applicable, the reparation or refund to the Customer may be requested by the latter at the bank that issued the bank card, under the conditions set out by the laws and contracts applicable to the bank concerned.

CLAUSE 16 - Entirety

In the event that one of the clauses of these GTCS are made null and void by a change in legislation, regulations or by a court decision, this will in no way affect the validity of and compliance with these GTCS..

CLAUSE 17 - Waiver

The fact that the vendor does not invoke any one of the clauses in this document at a given time cannot be deemed as a waiver of subsequently invoking these same clauses.

CLAUSE 18 - Personal data collected

The Vendor collects, uses, conserves and transmits certain items of personal data provided by Customers (hereinafter referred to as the “Data”) in strict compliance with the French data protection law, in particular the provisions of Law No. 78-17 of 6 January 1978 known as the “Information and Freedoms” Law and those of Regulation No. 2016/679 of 27 April 2016 on data protection.

The Vendor acknowledges these provisions and Customer rights on the Confidentiality Policy tab of the website www.en.sergent-major.com.

CLAUSE 19 - Customer Services/Contact

To contact us:

For any information, questions or advice, please contact the Global-e Customer services:

By post at the following address: 45 Leather Lane, London EC1N 7TJ, United Kingdom

Via the contact form: Click here

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