applicable as of 10/01/2022
The present refund policy is applicable between ALBANESI CEDRIC, trade name Gpa2po, Auto-entrepreneur, registered at the RCS of Montauban in France, under the number 520746645, registered office : 21 rue des vergers, Siret 52074664500024, 82000 montauban, FR, phone : +33673107170, email: gpa2po@gmail.com, VAT not applicable, article 293B of the CGI, hereinafter "the Publisher" and any person, natural or legal, of private or public law, registered on the Site to purchase a Product, hereinafter "the Customer".
"Customer": any individual or legal entity, under private or public law, registered on the Site.
"Site Content": elements of any kind published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
"The Editor": ALBANESI CEDRIC, trade name Gpa2po, Auto-entrepreneur taken in his capacity as editor of the Site.
"Internet user": any person, physical or moral, of private law or public law, connecting to the Site.
"Product": goods of any kind sold on the Site by the Publisher to Customers.
"Site": website accessible at the URL gpa2po.com, as well as sub-sites, mirror sites, portals and related URL variations.
The Website is freely accessible to any Internet user. Browsing the Site implies acceptance by any Internet user of these general conditions. The simple connection to the Site, by any means whatsoever, in particular through a robot or a browser, will entail full acceptance of these general conditions. When registering on the Site, this acceptance will be confirmed by checking the corresponding box.
The Internet user acknowledges having fully understood and accepted them without restriction.
Checking the above-mentioned box shall be deemed to have the same value as a handwritten signature by the Internet User. The Internet user recognizes the value of proof of the automatic recording systems of the Publisher and, unless he/she can prove otherwise, he/she waives the right to contest them in case of litigation.
The present general conditions are applicable to the relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user.
Acceptance of these terms and conditions assumes that Internet users have the legal capacity to do so, or failing that, that they have the authorization of a guardian or curator if they are incapable, of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal entity.
The purpose of the Site is to sell Products to Customers.
5.1. Order
In order to place an order, Internet users can select one or more Products and add them to their shopping cart. The availability of Products is indicated on the Site, in the description of each item. When their order is complete, they can access their basket by clicking on the button provided for this purpose.
5.2. Validation of the order by the Internet user
When consulting their basket, Internet users will be able to check the number and nature of the Products they have chosen and will be able to check their unit price as well as their overall price. They will be able to remove one or more Products from their basket.
If they are satisfied with their order, they can validate it. They will then access a form on which they can either enter their connection identifiers if they already have them, or register on the Site by completing the registration form with their personal information.
5.3. Payment by the Customer
Once they are connected or after they have fully completed the registration form, Customers will be invited to check or modify their delivery and billing details, and will then be invited to make their payment by being redirected to the secure payment interface with the mention "order with payment obligation" or any similar formula.
5.4. Confirmation of the order by the Publisher
Once the payment has been received by the Publisher, the latter undertakes to acknowledge receipt to the Customer by electronic means, within a maximum of 24 hours. Within the same period of time, the Publisher undertakes to send the Customer a summary e-mail of the order and confirming its processing, including all related information.
6.1. Prices
The applicable prices are those displayed on the Site on the day of the order. These prices can be modified at any time by the Publisher. The prices displayed are valid only on the day of the order and are not effective for the future.
The prices indicated on the Site are in euros, all taxes included, excluding delivery charges.
6.2. Method of payment
The Customer may pay by Paypal, Stripe.
In the case of payment by credit card, the Publisher has no access to any data related to the Customer's payment methods. The payment is made directly to the bank.
In case of payment by money order, check or bank transfer, the delivery time starts to run only from the date of collection of the payment by the Publisher.
6.3. Invoicing
The Publisher will send or make available to the Customer an electronic invoice after each payment. The Customer expressly agrees to receive electronic invoices.
6.4. Default of payment
Agreed payment dates may not be delayed under any pretext whatsoever, including in case of dispute.
Any sum not paid on the due date will give rise, automatically and without formal notice, to the application of late payment penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this penalty affecting the due date of the sums due in principal.
In addition, any delay in payment will result in the invoicing to the defaulting Customer of collection fees in the amount of 40 euros, the immediate payment of all sums remaining due regardless of the agreed deadlines, plus an indemnity of 20% of the amount as a penalty clause, as well as the possibility of unilaterally terminating the contract to the detriment of the Customer. This clause is in line with the provisions of Article 1152 of the Civil Code allowing the judge to reduce the compensation if the judge considers it excessive.
6.5. Reservation of ownership
The Products sold remain the property of the Publisher until full payment of their price, in accordance with the present retention of title clause.
7.1. Customer service
The customer service of the Site is accessible from Monday to Friday from 10:00 am to 6:00 pm at the following phone number : 0673107170, by e-mail at : info@gpa2po.com or by mail at the address indicated in article 1 of the present general conditions. In the latter two cases, the Publisher undertakes to provide an answer within 2 hours.
7.2. Right of withdrawal - Distance selling
This article 7.2 is applicable to the Customer who is a consumer as defined in the first article of the French Consumer Code.
7.2.1. Conditions for exercising the right of withdrawal
In accordance with current legislation on distance selling, the Customer has a period of fourteen (14) clear days to exercise his right of withdrawal without having to justify his reasons or pay penalties, with the exception, where applicable, of the cost of return.
The period mentioned in the previous paragraph runs from either the day on which the distance contract is concluded for contracts relating to the provision of a service and/or the provision of digital content not provided on a physical medium, or from the receipt of the goods by the Customer or a third party, other than the carrier, designated by him, for contracts for the sale of goods and contracts for the provision of services including the delivery of goods.
In the case of an order for multiple goods delivered separately or in the case of an order for a good composed of multiple lots or parts, the delivery of which is staggered over a defined period of time, the time period shall run from receipt of the last good or lot or part. For contracts providing for regular delivery of goods over a defined period of time, the period shall run from receipt of the first good.
If the fourteen-day period expires on a Saturday, Sunday or public holiday, it shall be extended to the next working day.
The decision to withdraw from the contract must be notified to the Publisher at the address indicated in article 1 of these general conditions by means of an unambiguous statement. The Customer may, for example, use the standard form provided at the end of these terms and conditions. In any case, the Publisher will send the Customer an acknowledgement of receipt of the said withdrawal by e-mail as soon as possible.
7.2.2. Effects of the right of withdrawal
The Customer shall return or restitute the products to the Professional or to any person designated by the latter, without undue delay and, at the latest, within fourteen days following the communication of his decision to withdraw.
When the right of withdrawal is exercised, the professional is required to reimburse the Customer for all sums paid, as soon as possible and no later than fourteen days after the date on which this right was exercised. Where applicable, the Professional may defer the refund until the Products are recovered or until the Customer has provided proof of shipment of the Products, whichever is sooner. Beyond that time, the sum due shall automatically bear interest at the legal rate in force, as specified in Article L. 242-4 of the French Consumer Code.
Where applicable, the Professional shall make the refund using the same means of payment as the one used by the Customer for the initial transaction, unless the Customer expressly agrees to the use of another means of payment and insofar as the refund does not incur any costs for the Customer. However, the Professional is not obliged to reimburse additional costs if the Customer has expressly chosen a delivery method that is more expensive than the standard delivery method offered.
The direct costs of returning the Product shall be borne by the Customer. These costs are estimated at a maximum of 5 euros if, due to its nature, the Product cannot normally be returned by post.
The Customer shall only be liable for the depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product.
The conditions, deadlines and procedures for exercising the right of withdrawal are set out in the standard form provided at the end of these general conditions.
7.2.3. Exclusions from the right of withdrawal
The right of withdrawal does not apply, in particular, to contracts :
Similarly, the right of withdrawal is not applicable to contracts that have been fully executed by both parties at the express request of the Customer before the latter exercises his right of withdrawal.
7.3. Refund conditions
Our policy lasts 30 days. If 30 days have passed since your purchase, we unfortunately cannot offer you a refund or exchange.
7.3.1. Conditions
To be eligible for a return, your item must be unused and in the same condition as you received it. It must also be in the original packaging.
Several types of products cannot be returned. Perishable goods such as food, flowers or magazines cannot be returned. We also do not accept intimate or sanitary products, dangerous products or flammable gases or liquids.
Other items that cannot be returned:
* Gift cards
* Downloadable software
* Certain health and personal care products
7.3.2. Obligations
To make a return, you must present us with a receipt or proof of purchase.
Please do not return your purchase to the manufacturer.
There are certain situations where only a partial refund is granted: (if applicable)
* Books with obvious signs of use.
* CDs, DVDs, VHS tapes, software, video games, tapes, or vinyl records that have been opened.
* Any item that is not in its original condition, that is damaged or that has some parts missing for reasons that are not due to an error on our part.
* Any item that is returned more than 30 days after delivery.
7.3.3. Refunds
Refunds (if any)
Once we have received and inspected the returned item, we will send you an email to confirm that we have received it. We will also inform you of our decision on whether to approve or reject your refund request.
If your request is approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original payment method, within a certain number of days.
Late or Missing Refunds (if applicable)
If you have not yet received your refund, please check your bank account again first.
Next, contact your credit card company as there may be a delay before your refund is officially posted.
Next, contact your bank. There is often a processing time required before a refund is posted.
If after completing all of these steps you have not received your refund, please contact us at info@gpa2po.com.
7.3.4. Exceptions
Sale items (if any)
Only regular priced items can be refunded. Unfortunately, sale items are not refundable.
Exchanges (if applicable)
We will only replace an item if it is defective or damaged. If in this case you would like to exchange it for the same item, please send us an email at info@gpa2po.com and send us your item to 21 rue des vergers, montauban, N, 82000, France.
Gifts
If the returned item was identified as a gift at the time of purchase and was sent directly to you, you will receive a gift credit equal to the value of your return. Once we receive the returned item, a gift certificate will be mailed to you.
If the item was not identified as a gift at the time of purchase, or if the gift giver preferred to receive the item first and give it to you later, we will send a refund to the gift giver and he or she will know that you have returned the item.
7.3.5. Terms of return
Shipping
To return a product, you must mail it to: 21 rue des vergers, montauban, N, 82000, France.
You will be responsible for paying your own shipping costs to return your item. Shipping costs are not refundable. If you receive a refund, the return shipping cost will be deducted from it.
Depending on where you live, the time it takes to receive your exchanged product may vary.
If you are shipping an item valued at more than $75, you should consider using a shipping service that allows you to track the shipment or purchase shipping insurance. We do not guarantee that we will receive the item you return.
7.4. Cancellation of the contract on the initiative of the Customer
The Customer may terminate the contract by registered letter with acknowledgement of receipt if the delivery date of the goods is exceeded by more than seven days. The Customer will then be reimbursed for the sums incurred by him at the time of the order.
This clause is not intended to apply if the delay in delivery is due to a case of force majeure. In such a case, the Customer agrees not to take any legal action against the Publisher and waives the right to terminate the sale as provided for in this article.
It is the Customer's responsibility to verify the good condition of the Products at the time of delivery. This verification must include the quality, quantities and references of the Products as well as their conformity to the order. No claim will be taken into account after a period of three days from the delivery. In any case, any complaint concerning the delivered packages will only be taken into account if the Customer, being a trader, has made reservations with the carrier in accordance with articles L. 133-3 and following of the Commercial Code.
Customers have a legal guarantee of delivery in conformity (Article 1604 of the Civil Code), a legal guarantee against hidden defects (Articles 1641 et seq. of the Civil Code) and a safety guarantee (Articles 1245 et seq. of the Civil Code).
Customers who are consumers also have a legal guarantee of conformity (articles L. 217-4 et seq. of the French Consumer Code).
In addition to the legal warranty, the Products benefit from a conventional warranty of conformity on French territory, for a period of 1 year from the delivery of the Product.
In order to implement the warranty, the Customer must return the Product to the address of the Publisher's head office, accompanied by an explanatory letter requesting either repair, exchange or refund.
In any case, the Customer is requested to follow precisely the instructions of the Publisher concerning the return of the Products.
The cost of returning the Product remains at the expense of the Customer, except for the consumer Customers implementing the guarantee of conformity of the articles L. 217-4 and s. of the Code of the consumption.
The present general conditions are subject to the application of the French law.
8.2. Modifications of the present general conditions
The present general conditions can be modified at any time by the Publisher. The general terms and conditions applicable to the Customer are those in force on the day of the Customer's order or connection to this Site, any new connection to the personal space implying acceptance of the new general terms and conditions.
8.3. Litigation
Pursuant to the order n°2015-1033 of August 20, 2015, all disputes with a consumer Customer which could arise within the framework of the execution of the present general conditions and whose solution could not be found beforehand with the friendly one between the parts will have to be subjected.
In addition, the consumer Customer is informed of the existence of the online dispute resolution platform, accessible at the following URL: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
Since January 1, 2016, mediation is mandatory for all. Thus, any professional selling to individuals, is required to communicate the contact details of a competent Mediator in case of dispute, and this regardless of whether he sells remotely or in a physical store (Source: FEVAD).
customer service / info@gpa2po.com
8.4. Entire
The nullity of one of the clauses of this contract will not entail the nullity of the other clauses of the contract or of the contract as a whole, which will keep their full effect and scope. In such a case, the parties shall, to the extent possible, replace the invalidated provision with a valid provision corresponding to the spirit and purpose of this Agreement.
8.5. Non-waiver
The Publisher's failure to exercise its rights hereunder shall in no event be construed as a waiver of such rights.
The Customer is informed that he/she has the possibility to register on the opposition list to telephone canvassing at the address http://www.bloctel.gouv.fr/.
8.7. Languages of the present general conditions
The present general conditions are proposed in French.
8.8. Abusive clauses
The stipulations of the present general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.