Terms of sale

Preamble:

Please read these General Terms and Conditions of Sale and Use carefully before using the website www.gguerin.com.

1. Seller Identification

These General Terms and Conditions of Sale apply to the sales defined below and carried out by the company GERMAINE GUÉRIN, a simplified joint-stock company (SAS) with a share capital of €10,000, whose registered office is located at 12 Square de Clignancourt, 75018 PARIS, France. The company is registered with the Paris Trade and Companies Register under number 939 981 445, and its intra-community VAT number is FR20939981445.

2. Scope and Acceptance of the General Terms and Conditions of Sale

Purchasing products offered on the website www.gguerin.com (hereinafter the "Site") and/or by telephone is subject to these General Terms and Conditions of Sale ("Terms and Conditions").
The Site allows users to place online orders with the company Germaine Guérin for a selection of Germaine Guérin brand products (hereinafter the "Product(s)").
Germaine Guérin Products are exclusively intended for sale to end consumers, whether individuals or legal entities, excluding any resellers or intermediaries acting on behalf of resellers. Consequently, the client declares that they are acting as an end consumer and do not intend to resell, directly or indirectly, the Germaine Guérin Products for commercial purposes. This is a fundamental condition for Germaine Guérin.
The client confirms they have the legal capacity to enter into a contract as outlined in these terms.
Germaine Guérin may update these Terms and Conditions at any time. You can view the current version of the Terms and Conditions at any time in the "General Terms and Conditions of Sale" section of the Site.
The sales contract between you and Germaine Guérin includes the terms of your order and the applicable Terms and Conditions at the time of your purchase, which apply to the exclusion of any other terms or business practices.
Furthermore, with each purchase on the Site, you will be required to confirm your acceptance of the current Terms and Conditions at the time of your order. These terms are viewable both before and at the time of confirmation. To confirm your acceptance, you must check the box stating: "I accept the General Terms and Conditions of Sale". You may access the Privacy Policy at any time by clicking the "Privacy & Cookie Policy" link.

3. Order Procedures

For any questions regarding Products or your orders, you can contact our Customer Service (hereinafter "Contact") by clicking the "Contact Us" link.
The Site allows you to place online orders with Germaine Guérin for a selection of Products, subject to the delivery conditions specified at the purchase time.
You may also order by phone by contacting our Customer Service.
The Site does not allow for bespoke orders, such as the creation of a non-existing product or customization/modification of a product from existing Germaine Guérin collections. Therefore, these Terms and Conditions do not apply to bespoke orders. For any such request, please contact one of our sales consultants via the “Bespoke Orders” link.
However, these Terms and Conditions apply to any purchase of customized products (see Article 4.2 below).

4. Product Availability

4.1. Pre-Order Terms

Pre-order refers to the option for customers to reserve certain Products marked on the Site before their official release date (hereinafter "Pre-order"). Pre-ordered items will be delivered within three months.

4.2. Customization Terms

Customization refers to the ability for customers to modify or personalize certain Products from the Germaine Guérin collections (hereinafter “Customized Product”).

4.3. Product Availability

Product offers are valid while stocks last. At the time of order confirmation, discrepancies may occur between the digital and physical inventory (e.g., multiple customers ordering the same product simultaneously). Sales are therefore subject to stock availability. Furthermore, Germaine Guérin retains ownership of the Products until full payment is received as per Article 7 below.
The availability date of a pre-ordered Product will be expressly indicated on the product page. If the availability date changes, you will be informed promptly by email and/or through your customer account.
If a Product becomes unavailable after you place an order, we will notify you as soon as possible via email or phone, offering either a replacement Product or a cancellation of your order.
Germaine Guérin is not liable for out-of-stock or unavailable Products. The company reserves the right to change the Products offered on the Site and/or via phone at any time and without notice.
To ensure optimal service and availability for all customers, Germaine Guérin reserves the right to limit the quantity of Products that may be purchased per customer, in accordance with applicable regulations, particularly Article L.121-11 of the French Consumer Code.

5. Order Process

5.1. Ordering on the Site

5.1.a) Product Selection

At any time, you can add Products to your selection by clicking "Add to cart."
You can view your selection by clicking "Cart" in the upper right-hand menu, where you will see: the photo(s), color(s), reference(s), quantity(ies), unit price(s), and subtotal of the selection.

5.1.b) Identification

After selecting your Product(s), click "Cart" to begin the checkout process.
Creating a customer account is optional:
• If you already have an account, sign in using your password.
• If not, you can create one by confirming your email address and creating a password.
Your login credentials are strictly personal. You agree to keep them secure and not share them. In case of loss, theft, or fraudulent use, notify Germaine Guérin immediately.
Creating an account allows you to:
• Track deliveries and view order history;
• Return or exchange Products (see Article 11 "Return, Exchange, and Refund Conditions");
• Add or modify delivery and billing addresses for future orders.
Unless otherwise proven, data recorded by the Site serves as proof of all transactions between Germaine Guérin and its clients. In the event of a dispute, this data will be used as valid evidence unless the customer proves otherwise.
You can request your account be deactivated at any time by contacting Customer Service via the "Contact Us" link.

5.2. Order Validation on the Site

5.2.a) Delivery Method Confirmation

You must confirm your delivery method and provide all necessary delivery information: shipping country, title, first and last name, phone number, delivery address, and any additional required details.
Once completed, click "Continue."

5.2.b) Payment Confirmation

You may use your delivery address as the billing address or enter a different one. Then, select a payment method (see Article 6 "Prices – Accepted Payment Methods") and enter the relevant details.
At the end of the checkout process and after accepting all Terms and Conditions and the Privacy Policy, click the “Pay” button.
To confirm a pre-ordered or customized Product (or one requiring extended shipping time), you must authorize Germaine Guérin to store your payment details until shipment, for up to two months.
Ensure all details are correct before confirming your order. While every effort is made to ensure photos and patterns on the Site match the actual Products, variations may occur due to technical limitations. Germaine Guérin is not liable for non-material discrepancies in color or pattern. Product photos are not contractual. Contact Customer Service if you have questions.
For more information on payment methods, see Article 6 "Prices – Accepted Payment Methods."
Once complete, your order is sent to Germaine Guérin for processing. The sales contract is formed once your order is received and Product availability and payment are confirmed. Germaine Guérin reserves the right to reject any order from a client involved in a previous dispute, who has violated these terms, engaged in fraud, or for any other legitimate reason.

5.2.c) Order Summary

You will receive an email summary of your order (“Your order has been shipped”), including the total amount, delivery details, and Product characteristics, quantities, and prices. We recommend saving this summary digitally.
You will then receive a shipping confirmation email with your electronic invoice attached. Check your spam folder if you do not receive this email promptly.
In accordance with Article L213-1 of the French Consumer Code, for any order of €120 or more, Germaine Guérin will retain a copy of the contract for 10 years from the date of delivery. You can request access to this document by contacting Customer Service and verifying your identity.

5.3. Phone Orders

You can order Products by calling Customer Service (see section “3. Order Procedures”). You must provide:
• Product Details: name and/or reference number, quantity, color, size, material, finish, etc.
• Personal Information: title, first and last name, measurements (if needed), phone number, email address, shipping and billing addresses.
We will confirm availability, price, estimated delivery or pickup date, and shipping fees. Ensure delivery details are accurate; errors may cause delays or loss. Germaine Guérin is not responsible for lost orders due to incorrect information.
For accepted payment methods, see Article 6 "Prices – Accepted Payment Methods."
Once you confirm the order details and accept the Terms and Conditions and Privacy Policy, you may proceed with payment. Upon payment, you will receive an order summary. We recommend keeping this email. Your order will then be processed.
The sales contract is formed once your order is placed, subject to Product availability and payment. You will receive a shipping confirmation email once the order is dispatched.
Order data collected by Germaine Guérin serves as proof of all transactions. In case of disputes, this data will be considered binding evidence.

5.4. Invoices

Your invoice will be sent with the shipping confirmation email. Check your spam folder if it is not received. You can also download your invoice in the “Your Orders” section of your personal account.
An account is automatically created for each order. To access your invoices, log in. If you’ve never logged in, you can create a password using the account confirmation email or the “Forgot password” link on the site.
To receive a printed invoice, contact Customer Service within one (1) month of shipment.

6. Prices – Accepted Payment Methods

6.1. Prices

Product prices are listed in Euros, including all taxes and customs duties for European Union countries, but excluding shipping fees.

For all countries outside the European Union, product prices are listed in Euros, excluding taxes, customs duties, and shipping fees. Depending on your place of residence, your country’s customs office may impose additional charges on your order, such as import fees, declaration fees, customs duties, and/or taxes. All fees required for customs clearance are exclusively the responsibility of the customer. These charges will be billed upon the arrival of your package. Occasionally, customs agents may delay package deliveries at their discretion. We are required to declare the value of your order—that is, its price—directly on the package.

For further information on customs duties, taxes, and other import charges, please contact your local customs office.

Except in the case of a refund (i) due to the exercise of the right of withdrawal or (ii) for lack of conformity or hidden defects, Germaine Guérin will not refund the VAT applied on purchases made on the Site (even if the buyer, after receiving the products, ships them to a third country).

The Products are billed based on the prices displayed on the Site at the time your order is placed, subject to availability.
All orders must be paid in Euros and must be settled at the time the order is placed. In the event that some of the ordered Products are unavailable (see Article 4 "Product Availability"), only the price and shipping costs of the available Products will be charged.

6.2. Accepted Payment Methods

6.2.a) Payment by credit or debit card

Accepted credit and debit cards include: Visa®, MasterCard®, American Express®, Carte Bleue®. Payments by credit or debit card are authenticated and secured using the 3D Secure system. This system is also known as "Verified by Visa®", "MasterCard® SecureCode", or "American Express SafeKey®". At the time of payment, the bank will request personal information from the user to verify the cardholder's identity and validate the transaction.
How to pay with 3D Secure:
After entering your payment details (card number, expiration date, and CVV), a new page will appear where you must enter the personal information requested by your bank. This information may include:
• The answer to a personal question;
• A password previously selected by you;
• A code sent via SMS;
• Your date of birth, etc.
Once the 3D Secure code is entered and validated by your bank, your order is finalized. You will then receive a confirmation email.
Authentication procedures vary by bank. For any questions about your 3D Secure code, please contact your bank directly.
Your order will only be shipped after your payment method has been verified and authorization to debit your card has been received. Your account will be charged at the time your order is shipped.

6.2.b) Payment by PayPal

We accept PayPal payments (except for orders placed by phone, pre-orders, and personalized items).
If you choose the PayPal payment option, you will be automatically redirected to the PayPal platform. If you do not have a PayPal account, you will be able to create one at that time. Once your order is confirmed via PayPal, you will be redirected to the gguerin.com confirmation page.

7. Retention of Title

Ordered Products remain the property of Germaine Guérin until full payment is received.
However, you bear the risks (especially loss, theft, or damage) related to the Products once they are delivered to the address indicated in the order.

8. Delivery Terms

8.1. Delivery Areas

8.1.a) Delivery to a postal address

Products purchased on the Site and/or by phone can be delivered in mainland France, within the European Union, and internationally.
For security reasons, Germaine Guérin will not process orders addressed to PO boxes or general delivery addresses.
Products will be shipped to the delivery address provided during the order process.
We reserve the right to request a signature and valid ID upon delivery (e.g., passport or driver's license).

8.2. Delivery Fees

Delivery costs are calculated based on the selected Products, the total order value, and the chosen delivery method.

8.3. Delivery Times

An estimated delivery time will be communicated during checkout and confirmed in your shipping confirmation.
The timelines listed below begin from the moment your order is shipped. They are estimates and may be extended in exceptional circumstances.

8.3.a) Postal delivery

At the time of ordering, we will indicate the estimated delivery time and options available based on the selected Products and country of delivery. This amount is in addition to the purchase price.

8.3.b) Delivery in France and the EU

For orders delivered in France or the EU, Germaine Guérin will provide delivery timelines and available options at checkout.

8.3.c) Worldwide delivery

For international orders, Germaine Guérin will communicate estimated delivery times and options at checkout.
Regarding any applicable taxes and customs duties, as stated in Article "6.1 Price," these must be paid directly by the Client upon delivery of the order. Therefore, they are not included in the price displayed at the time of ordering.

9. Delivery Issues

Any delay or failure in delivery beyond the indicated timelines must be reported to our Customer Service as soon as possible. Claims made more than thirty (30) calendar days after the order confirmation date will not be considered.
In case of a missed delivery deadline (except in cases of force majeure), you may cancel your order by contacting our Customer Service.
Germaine Guérin will then reimburse you in full within fourteen (14) days of the cancellation date. If you receive the Product after cancellation, you must return it as outlined in Article 11.
You must verify Product conformity at delivery and, if possible, note any anomalies (open package, damaged item, etc.) on the delivery receipt along with your signature.
Then, contact Customer Service (see Article 3). If the Products are non-compliant or unsatisfactory, you may return, exchange, or request a refund under the conditions stated in Articles 10 and 11.

10. Right of Withdrawal

10.1. Right and Withdrawal Period

Under French and EU law, consumers have fourteen (14) days from the delivery date to exercise their right of withdrawal without giving reasons or incurring penalties, for an exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 14 days of notifying the seller.

10.2. Exercising the Right of Withdrawal

You may submit your withdrawal request by contacting our Customer Service or by using the withdrawal form provided in the annex of these General Terms of Sale.

10.3. Restrictions on the Right of Withdrawal

Under Article L. 221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for personalized Products, unless returned due to a defect.

10.4. Consequences of Withdrawal

In the case of withdrawal or non-compliance, you may return the Products for an exchange or refund under the conditions outlined in Article 11.

11. Return, Exchange, and Refund Policy

11.1. Via the website www.gguerin.com

11.1.a) Return Procedure

Under the right of withdrawal, Products must be returned in their original condition and packaging (unremoved protections, box and, if possible, shipping carton), along with the purchase invoice or a copy for partial returns.
Returns for refunds initially delivered in Metropolitan France are free. Returns for refunds initially delivered outside Metropolitan France are subject to a flat fee, equivalent to the initial delivery fees, which will be deducted from your refund.
Returns for exchanges are free of charge.
Returns must be made using our carrier and prepaid return labels within 14 days of your withdrawal notice. If the return is made via another carrier of your choice, we strongly recommend purchasing the insurance offered by your carrier. You will be solely responsible for the return of the Products. Germaine Guérin will not be liable in case of loss, shipment to an incorrect address, or delayed delivery of a Product you wish to return to the Site, as the risks associated with the transport you choose are entirely your responsibility.

11.1.b) Exchange

For exchanges, indicate the desired replacement Product(s) in the designated field.
To reserve an item, contact our Customer Service.
If the replacement item costs more, you will pay the difference via credit card. PayPal is not accepted for price differences.
If it costs less, the difference will be issued as a store credit (note: only the original purchaser may receive a refund).
Exchanges depend on stock availability and are processed within 72 business hours of receipt. Personalized Products cannot be exchanged.

11.1.c) Refunds

Refunds are processed within 72 business hours of receipt of the returned Product(s). You’ll receive confirmation by email.
Refunds, excluding initial shipping costs, are issued via the original payment method in the same currency.
Note that banks may take up to 10 business days to process refunds. Germaine Guérin cannot expedite this.
A fee, equivalent to the initial delivery fees or to a flat fee if refund is requested before shipment, will be deducted from all refunds for which the initial delivery took place outside Metropolitan France. Personalized Products cannot be refunded.

11.1.d) Gifts Ordered via the Site

Gift recipients can only exchange Products via the Site’s return process. Only the purchaser can request a refund (as only their account can be credited).
Gift recipients may only exchange for Products of equal or higher value (with the difference paid by the recipient). They must contact Customer Service.

11.1.e) Special Products and PayPal Orders

For exchanges involving PayPal payments, a credit/debit card will be required if the replacement costs more.
PayPal cannot be used to cover price differences.
If the replacement costs the same, no new payment is required.
Refunds for PayPal orders will be credited to the original PayPal account.

12. Cookies

The Seller uses cookies to analyze visitor and customer browsing behavior and improve user experience. For more information, please consult our Cookie Policy via the provided link.

13. After-Sales Service and Spare Parts Availability

All technically repairable Products benefit from an after-sales service. For repairs, contact Customer Service.
In accordance with Article L 111-3 paragraph 1 of the French Consumer Code, Germaine Guérin does not guarantee the availability of spare parts. However, we will do our best to satisfy customer requests.

14. Limitation of Liability and Force Majeure

Germaine Guérin cannot be held liable for any damages not resulting from its failure to fulfill obligations.
Liability is also excluded for third-party events or force majeure.
We are not responsible for Internet-related issues such as service interruptions, external intrusions, or viruses.
If an event of force majeure delays product availability, our obligations will be suspended.
We will notify the client within two (2) days of such an event.
If suspension continues beyond 60 days, the client may cancel the order, and we will provide a refund.

15. Severability

If any clause of these Terms is found invalid, the remaining provisions shall remain in full force.

16. No Waiver

Failure by either party to enforce any obligation shall not be interpreted as a waiver of future enforcement.

17. Governing Law – Disputes

These Terms are governed by French law. For disputes regarding application or interpretation, please contact Customer Service (see Article 3).
You may also contact CMAP for mediation. Your request should include your full contact details, a summary of the disput