GENERAL TERMS AND CONDITIONS OF SALE   DISTANCE SALES

1. Scope of application:

These General Terms and Conditions of Sale apply as of right and to the exclusion of all other conditions to all sales of products that you may order remotely from a Maison Goyard counter by e-mail or telephone. The catalogue of our products for sale and their essential characteristics can be consulted at www.goyard.com.

The General Terms and Conditions of Sale are accessible by the Customer on the Site at any time and are systematically submitted to the Customer before any order is placed and when the order is registered.

 

2. Updating of these General Terms and Conditions of Sale:

In view of possible changes to our website, we may amend these General Terms and Conditions of Sale at any time. Consequently, please check them before placing any new order in order to be kept informed of any updates. Only those then in force will be applicable to all orders placed from the date they are posted on our website.

 

3. Eligibility to buy:

Only natural persons (not legal persons) who (a) have reached the age of legal majority required to enter into contracts (eighteen years in most countries); (b) have the legal capacity to sign contracts; and (c) use a shipping address in the country(ies) we serve, may order products through our counter. If you have not reached the age of majority or for any other reason do not have the legal capacity to enter into a contract, a parent, guardian or tutor shall place the order on your behalf and shall be required to agree to these General Terms of Sale.

By placing an order through our Goyard counter you represent and warrant that you are a bona fide customer and end user making a purchase for your own personal use or that of a third party. You will not deliver, sell or otherwise distribute our products or purchase our products or services for commercial purposes.

 

4. Product availability & quantity:

All orders placed are subject to product availability and our acceptance of said orders.

Quantity limits may apply to orders for certain products. We reserve the right to refuse at any time, without prior notice, orders exceeding a certain number of authorised products.

 

5. Order form:

To create your order, you will be asked to enter your surname, first name, title, e-mail address, telephone number, place of residence and delivery address. Your order can only be delivered to your place of residence.

You undertake to provide accurate, up-to-date and complete data. It is also your responsibility to inform us of any updates to your personal data.

Once your order has been created, a confirmation email summarising the information you have entered will be sent to you, along with an order form if applicable.

The order form sent to you is valid for fourteen (14) days from the date of issue.

Any signed order form sent to us constitutes an order with an obligation to pay and implies acceptance of the description of the products, the prices in force on the day of the order and unconditional acceptance of these General Terms and Conditions of Sale.

Payment must be made within fourteen (14) days.

In the event of a discrepancy between the name on the credit/debit card used for payment and the name provided for the order, Goyard reserves the right to refuse the payment or cancel the order and issue a refund.

It should be noted that any payment made without the signed order form being returned will not result in the order being validated and dispatched.

Please keep the order reference number shown on your order form and our acknowledgement of receipt.

 

6. Acknowledgement of receipt of order:

As soon as the order form that you have returned to us has been registered, you will receive an acknowledgement of receipt of your order (e-mail or other) confirming the details of your order: indication of the products ordered, the delivery terms of the order.

We undertake to honour orders only within the limits of our available stocks.

If a product is not available, we undertake to inform you as soon as possible by e-mail or telephone. If a product ordered is unavailable, you may cancel or modify your order. In the event of cancellation due to unavailability, you will be reimbursed within fourteen (14) days of receipt of your cancellation request.

The sale is deemed concluded on the date of acceptance of the order form and receipt of payment within the aforementioned period of 14 days by Maison Goyard. You accept that the systems used to record your order are proof of the purchase and its date.

 

7. Dispatch Confirmation:

As soon as your payment has been validated, our team will prepare your order in order to be sent to the address you gave us when you placed your order. Our carrier will contact you to arrange delivery of the order.

When your order is dispatched, our carrier will send you a Dispatch Confirmation (by e-mail or telephone call).

 

8. Custom Services:

Customisation services (markings) are available on most of our products. We would like to draw your attention to the fact that, in application of article L221-28, 3° of the French Consumer Code, orders for personalised products cannot be cancelled and products that have been personalised cannot be returned to us for exchange or reimbursement.

 

9. Prices, taxes & delivery charges:

All prices indicated by Goyard include sales tax (VAT) in force in France on the day of the order. For countries outside the European Union, the sales prices indicated are exempt from tax (excluding VAT). Shipping costs are extra in all cases.

The applicable currency will be the Euro.

Delivery charges will be added to the price of the product after you have chosen your delivery options. The delivery charges remain payable by the customer. A summary of these charges will be provided before you are asked to confirm and place your order.

 

10. Payment:

We accept Visa, Mastercard and American Express as well as bank transfers. Depending on the method of payment chosen, we may ask you for additional information, including any form of special identification. For purchases over €3,000, payment must be made by bank transfer. You will be responsible for any bank transfer charges levied by your bank.

In the case of an order using our Pay-by-Link process, you will need to enter your payment details on the appropriate form. All payment cardholders are subject to a validation check and authorisation procedure by the card issuer. If your payment card issuer refuses to authorise payment to us, you will need to contact them directly to resolve the issue. Maison Goyard will not be held responsible in the event of a payment being rejected.

 

11. Delivery:

We will use reasonable endeavours to ensure that delivery is made by the carrier within the estimated delivery time from the date of our written Dispatch Confirmation, and in any event within fifteen (15) days of that date, unless your purchase relates to a product which requires additional delivery time, for example in the case of personalised products.
By delivery of the product ordered, we mean the transfer to the customer of physical possession or control of this product.
If you choose to have the product you purchased delivered by a carrier other than the one we offer, we are not bound by the delivery times and the risk of loss or damage to the product purchased passes to you when it is handed over to the carrier.
Customised products require a minimum processing time of four (4) weeks. You will be informed by our teams when your completed order (product and personalisation) is dispatched.

In the event of a delay in delivery for which we are responsible, you have the right to request cancellation of the sale of the product (excluding personalised products) by registered letter with acknowledgement of receipt or by any other durable medium (in particular e-mail with acknowledgement of receipt) if, after having asked us in the same way to make the delivery within a further period of fifteen (15) days, we have not complied within this period.

In this case, the sale will be considered cancelled on receipt by us of the letter or e-mail informing us of the cancellation, unless we have performed in the meantime.

If the sale is cancelled, Goyard will reimburse you within fourteen (14) days from the date of cancellation.
Failure to meet delivery deadlines shall not give rise to the payment of any compensation whatsoever.

The Products are shipped to the delivery address you provided during the ordering process.
We reserve the right to require a signature and valid identification upon delivery (for example, a passport or driver’s license).

 

12. Receipt of Products:

The risk of loss or damage to the product you have purchased passes to you when you (or a third party designated by you) take physical possession of the product.
You are therefore obliged to check the condition of the packaging and the conformity of the product ordered at the time of delivery and you must immediately indicate, on the transport document given to you by the carrier, any precise and detailed reservations you wish to make regarding the condition of the product delivered: damaged packaging, damage suffered, conformity with the order, etc.

Any complaint about apparent defects or the non-conformity of the product delivered in relation to the information given about the product on our site, as well as any damage linked to transport, must be confirmed by you within forty-eight (48) hours of receipt of the product either by registered letter with acknowledgement of receipt to the following address: Maison Goyard Biarritz, 4 Avenue de l'Impératrice, 64200 Biarritz, or by e-mail to the following address: [email protected].

You must provide full justification for any non-conformities, damage or defects found, and we invite you to take photographs of any such damage, defects or non-conformities.
If no complaint is made within the aforementioned time limit and conditions, the products will be deemed to have been accepted as delivered.

By notifying us of the defect or non-conformity of the product, we will send you a return authorisation, specifying the address and procedures for returning the products. Any product found to be damaged and returned without our agreement will be refused and returned to you at your expense and risk.

 

13. Return and exchange:

a) Right of withdrawal
You have a right of withdrawal from the sale of thirty (30) days from delivery of your order (as evidenced by the carrier's delivery stamp).

We would like to draw your attention to the fact that, pursuant to Article L221-28, 3° of the French Consumer Code, orders for personalised products cannot be cancelled and products that have been personalised cannot be returned to us for exchange or reimbursement.

To exercise your right of withdrawal, you must inform us of your intention to withdraw within the above time limit by completing and sending the withdrawal form that we enclosed with the order form or by sending us an unequivocal written statement expressing your wish to withdraw.

(b) Conditions for returning Products
Our products must be returned in new and undamaged condition, in perfect condition, with any accessories in their original packaging, including protective covers and cardboard. They must not have been used. The customer will be responsible for sending the products to the issuing counter. The choice of return method and carrier will be decided jointly by Maison Goyard and the customer.
We reserve the right not to accept any exchange if the product shows signs of wear, has been used or altered from its original condition in any way.

In the event that you return a product to us due to a proven lack of conformity confirmed by us, you must use the same method of delivery for the return of the product as that chosen for the shipment. In this case, Goyard will cover the cost of returning the product by means of a returns voucher or by reimbursing you for the actual amount of the said costs (proof of postage costs must be enclosed with the parcel; in the absence of such proof, no reimbursement will be made).

(c) Non-exchangeable and non-refundable products
Orders for products that have been personalised in some way cannot be cancelled and such products cannot be returned to us for exchange or refund.

(d) Returns
You may return the purchased product for a refund, provided that the return complies with these General Terms and Conditions of Sale. Only the purchaser will be entitled to a refund of the purchase price. Under no circumstances will a person who has received the product as a gift be entitled to a refund.

(e) Exchanges
You may return a purchased product in exchange for another product, provided that the return of the original product complies with these General Terms and Conditions of Sale. Depending on the type of exchange chosen, the conditions will be listed for you by our sales teams. If the exchange is made for an item with a different purchase value, a new payment will be made (for a product of higher value); or a credit note will be issued on your customer account (for a product of lower value). Please note that credit notes issued by the counter will be valid for six (6) months at the issuing counter. This credit note cannot be used in another Goyard counter.

 

14. Guarantees:

By purchasing a product from Maison Goyard, you benefit from the legal guarantee of conformity provided for in articles L. 217-4 to L. 217-17 of the French Consumer Code and the legal guarantee relating to defects in the item sold provided for in articles 1641 to 1648 of the French Civil Code.

a) Guarantee of conformity
We deliver a product that conforms to the contract, and we are liable for any lack of conformity that existed when the product was delivered and that appears within two (2) years of delivery. We shall also be liable for any lack of conformity resulting from the packaging.
The product we have delivered to you complies with the contract if it corresponds in particular to the description, type, quantity and quality, or any other characteristic specified on the order form you returned to us.

In the event of a lack of conformity, you may, at your option, ask us to repair or replace the product at our expense by returning the non-conforming product to us. However, we reserve the right not to proceed according to the choice you have made if compliance is impossible or would involve disproportionate costs.
Products repaired by us under this legal guarantee of conformity will benefit from a six (6) month extended guarantee.

b) Hidden defects guarantee
We guarantee the products sold for hidden defects that would make them unsuitable for the use for which our customers intended them, or that would reduce this use to such an extent that they would not have purchased them, or would only have paid a lower price for them, if they had known about the defects.
In this case, we offer you the choice of returning the product sold and having it reimbursed or keeping it and having part of its price reimbursed.

 

15. Intellectual property:

Maison Goyard remains the exclusive owner of all intellectual or industrial property rights over the products sold and their packaging. You do not, therefore, have any of these rights to the products, packaging or wrapping solely by virtue of their acquisition.
Any use whatsoever of the Goyard trademark or any other trademark belonging to us is strictly forbidden without our prior written consent.
The content and structure of our website are reserved under copyright law, as well as under intellectual property law, throughout the world.
As such, and in accordance with the provisions of the Intellectual Property Code, only private use is authorised, subject to different or even more restrictive provisions of the Intellectual Property Code.
Any reproduction or representation, in whole or in part, of any content on our site (in particular any text, image, iconographic or photographic representation, trademark or logo) for any purpose and on any medium whatsoever is prohibited.
Failure to comply with this prohibition constitutes an infringement for which you may be held civilly and criminally liable.
None of the provisions of these General Terms and Conditions of Sale may be interpreted as granting you a licence to any intellectual property rights whatsoever.

 

16. Protection of personal data:

When you place an order, Maison Goyard collects personal data with a view to concluding a sales contract, carrying it out, managing it and drawing up invoices.
We may use your personal data for commercial solicitations in accordance with the legal requirements in force. The data collected and processed in this context is as follows:
- Customer identification data (last name, first name, salutation, nationality, passport number);
- Contact data (telephone number, postal address and email);
- Geographical area (city, country);
- Order customisation file and associated message;
- Browsing data of customers and prospects (IP address, type of equipment, etc.);
- The history of past orders (purchase counter, date of purchase, name of buyer if different, order number, purchase history);
- Payment data in figures;
- A log of any contact you have had with us (by email, webform or phone);
- Certain marketing and logistical information (orders, sales, after sales service etc.), sales reports, complaints and information requests, email campaigns;

When data is collected, certain information must be provided and is indicated by an asterisk, while other information is optional.
We undertake not to use the data collected for any purposes other than those mentioned above (unless required to do so by a competent judicial and/or administrative authority).
Your data is kept in an active database for the duration of the contract or three (3) years from the last contact with you, and in an archive database for a period of five (5) years, which is the statutory limitation period.
The recipient of the data is Maison Goyard. However, we reserve the right to transmit all or part of your personal data to our subcontractors for the purposes of fulfilling the contract.
We undertake to take all necessary precautions to protect the security of the data you provide and, in particular, to prevent it from being distorted, damaged or accessed by unauthorised third parties.
You have the right to ask us to rectify, delete or port your personal data. You may also request a restriction on processing or object to the processing of your data. You have the right to withdraw your consent to the processing of your data at any time.
You may exercise your rights by sending an e-mail to [email protected] or a letter to Maison Goyard, 233 rue Saint Honoré, 75001 Paris, stating your full contact details (surname, first name, address, telephone number, e-mail address) and specifying the subject of your correspondence. You may be asked to prove your identity. Finally, you may file a complaint with the CNIL (Commision nationale de l’Informatique et des Libertés) .

 

17. Force majeure:

Maison Goyard accepts no liability for any failure to fulfil its contractual obligations in the event of force majeure or unforeseen circumstances, including, but not limited to, disasters, fires, internal or external strikes, internal or external failures or breakdowns, and in general any event preventing the proper execution of orders.

 

18. Applicable law and jurisdiction:

These General Terms and Conditions of Sale are governed by French domestic law, to the exclusion of any international convention.
In the event of any dispute relating to these General Terms and Conditions or to the sale, the parties will try as far as possible to resolve their dispute amicably.
In the absence of an amicable agreement, the competent court will be that of the defendant's place of residence or that of the actual delivery of the product.

 

19. Recourse to the Consumer Mediator:

If you are a "consumer" within the meaning of the first article of the French Consumer Code, you must first send us your complaint directly by post to the following address : Maison Goyard, 233 rue Saint Honoré, 75001 Paris or to the following e-mail address [email protected].
If this attempt fails, you may have recourse to a conventional mediation procedure or to any other alternative dispute resolution method, in particular by having recourse, free of charge, within one year of your complaint, to the competent consumer mediator in accordance with the provisions of Title 5 of Book Ierof the Consumer Code:
Mediator for the Professional Federation of E-Commerce and Distance Selling (FEVAD)
60 rue de la Boétie - 75008 PARIS, [email protected], https://www.mediateurfevad.fr
In order to resolve your dispute, you may access the European online dispute resolution platform provided for in Regulation (EU) No 524/2013 of 21 May 2013 on the online settlement of consumer disputes, in particular cross-border disputes, by following the link http://ec.europa.eu/consumers/odr/
If mediation fails, or if you do not wish to have recourse to it, you remain free to submit your dispute to the competent courts.

 

20. Conclusion:

By signing the order form, you expressly accept these General Terms and Conditions of Sale.