1. FOREWARD

1.1 About us
www.gisele-delorme.com (hereafter the “Site”) is the online shop of the Gisèle Delorme Instituts company (hereafter G.D.I. or “We”), a joint stock company registered in France at 88 bis, rue Michel Ange, 75016 Paris. The registration number is 883 094 591 000 12 and the EU VAT number FR94883094591.

1.2 About the Buyer
The “buyer” is any person purchasing products for sale (hereafter the “Products”) on the Site.
The buyer is defined as a person who is a final consumer or acting on behalf of the final consumer, based in the EU, Monaco or Switzerland with the legal capacity to contract. Therefore, the buyer:

  • By accepting the current Terms & conditions, confirms and guarantees that purchases on the Site are not related to any commercial activity and is specifically for personal use;
  • Forecloses any rights, under penalty of civil procedure, to resell the Products bought on the Site or put up for sale the free promotional samples provided when purchasing on the Site.
    We reserve the right to refuse orders, which in our sole judgement appear to be abnormal and/or of an amount considered unusual by G.D.I.

1.3 Terms & Conditions (hereafter “T&C”)
The current T&C frame the conditions and procedures of the online sales of the Products. These T&C may be printed and retained but shall not be modified by the Buyer. They are applicable over any other documents.
By ticking the box for this purpose, the Buyer recognizes reading and accepting these T&C, unconditionally and without the Buyer’s signature.
G.D.I. reserves the right at any time and without prior information, to modify the T&C. Nevertheless, the T&C applicable for the sale are those accepted by the Buyer, at the time of the transaction.

1.4 Product information
By clicking on the products, the Buyer has the opportunity to review and understand the product specifications and prices he wishes to purchase.
G.D.I. reserves the right at any time to modify the product range, the characteristics and prices. Nevertheless, the product characteristics and prices applicable are those displayed on screen at the time of the Buyer’s transaction validation.
In addition, G.D.I. shall not be liable for discrepancies between online descriptions of products and those delivered, as long as these discrepancies are unrelated to the products’ underlining characteristics as defined under Art.L111-1 of the French Consumer Code.
Product pictures, images or drawings are not contractual.

1.5 Customer Service
A contact sheet is available on the Site under “Contact” as well as in “My Account”.
You may also reach us or leave a message at +33 (0) 1 73 75 31 57 from 10 am to 5 pm, Monday through Thursday, and from 10 am to 1 pm on Friday.

2. ORDERS

2.1 Order processing
The Buyer choses the product(s) of his choice, places it (them) in the space “Your Cart”. He may verify and modify at all time the details of his intended order.
The Buyer must then confirm his information, billing address, delivery address and choice of modes of shipment and payment.
Upon order confirmation by clicking on “Pay”, the Buyer is deemed accepting definitively the content, terms, prices, characteristics, quantities and shipping of the ordered Products. The order is then final.

2.2 Order confirmation
G.D.I. sends an e-mail to the Buyer stipulating the T &C of the order. The Buyer can monitor the progress of the order and download the invoice in the section “Your Order” on the Site.

2.3 Availability of Products
In case of out of stock of one or several Products after order confirmation, the Buyer will be informed on the consequences on the order, latest upon delivery. Only Products delivered will be billed.

2.4 Cancellation
G.D.I. reserves the right to cancel any order, legitimately motivated, under terms of Art.L121-11 of the French Consumer Code namely:

  • orders generated by professional users, orders considered abnormal (as mentioned in Art.1.2 of the T&C);
  • in case of incomplete or erroneous customer information;
  • in case of payment default, total or partial, by the Buyer.
    The Buyer may cancel his order by exercising his right under Section 5 of the T&C.

3. PRICES

Prices listed on the Site are in Euros including applicable VAT rates in France. They may be subject to changes during the year, providing that ordered Products are invoiced at the prices stipulated upon order confirmation. Prices exclude shipping costs. These costs are invoiced in addition to the Products’ prices and will be displayed prior to the Buyer’s order confirmation. Product prices include value added tax (VAT) applicable at date of purchase. Any change in applicable rates will be automatically applied to the displayed prices of online products. Changes will not apply to orders confirmed upon completion of the payment sequence.

4. PAYMENT MODE

4.1 Accepted cards
Payments are accepted with: Visa, MasterCard or American Express. Checks are not accepted. Card sales are final. By providing information relative to his/her credit card, the Buyer authorizes the card debit. The Buyer shall provide the card number, expiration date and the 3- or 4-digit security code printed on the card.

4.2 Encrypted transaction
The transaction process is encrypted. The card details of the Buyer do not transit on the Site. They are processed through a secured 3rd party provider, STRIPE.
The Buyer guarantees G.D.I. that he/she is duly authorized to use the chosen mode of payment.
In order to facilitate the purchase experience, the Buyer will have the option to save, in secured encrypted mode, the card details under “My saved credit cards”.

4.3 Change card/payment mode
In the event that the Buyer wishes to rescind his/her choice or add/change a credit card, this can be executed at any time under “Payment mode” on the Site.

4.4 Card/bank charges
We are not responsible for charges applied by the card issuer or bank as a result of the processing of your credit/debit card payment in accordance with your order.

5. DELIVERY

5.1 Terms of delivery
Orders shall only be delivered to European union Member States, Monaco and Switzerland (excluding Madera, Acores, Canaries, San Marino).
Upon ordering, the Buyer may choose his/her delivery mode within a menu of delivery options.

5.2 Delivery Time
The time to deliver the order varies depending on the Buyer’s choice of shipping mode. In general terms, excluding out of stocks or situations of Force Majeure, trucking/shipping and postal service labor strikes, the Products will be delivered to the Buyer no later than thirty (30) days after order confirmation.
In the event that the order is returned to G.D.I. because it has not been remitted to the Buyer, the Buyer will be reimbursed of the invoiced Products less the total shipping costs.

5.3 Delivery Acceptance
The Buyer, upon delivery, is responsible for checking the parcels’ condition in order to immediately log remarks of any apparent defects with the shipping provider. G.D.I. shall not be responsible for any claims on the parcels’ condition in absence of these remarks. Then, the Buyer shall verify that the delivered Products match those ordered and informs G.D.I.’s Customer Service of any issue or non-compliance.

6. CANCELLATION & RETURNS

6.1 Cancellation right
The Buyer is entitled to cancel the order without cause within fourteen (14) days, from the day the order is received. If the cancellation period of fourteen (14) days expires on a Saturday, Sunday or a legal holiday, the period is extended until the next business day. To exercise this right, the Buyer, prior to the end of the cancellation period, must inform G.D.I. of his decision in a clear statement by means of:

  • The Cancellation Form available on the Site under “Your Account” in your account,
  • The Return Form included in the parcel,
  • A letter or e-mail to the Customer Service of G.D.I. (i.e. art 2.4 of T&C) with the name, postal address and when available, phone number, e-mail address and Customer Order number.

6.2 Returns
Within a maximum of fourteen (14) days starting from the cancellation notice, the concerned product(s) – including all other items added to the order as well as the original packaging – shall be returned to the following address: COSIMA LABORATOIRE 6, rue des Vergers, 91250 TIGERY (FRANCE). The returned Product(s) shall be submitted with the Return Form (available under “Your Account” on the Site or the Form included in the parcel. For hygiene purposes, products must be returned intact, in their original and complete packaging and in perfect resell condition. Please note that opening the Products renders them improper to any subsequent sale. Any Product having been opened, spoiled, or with a damaged packaging will not be refunded, returned or exchanged. If a set or coffret should be returned, it is imperative to submit the complete set or coffret with all its components.

6.3 Product refund
Any return accepted by G.D.I. will generate the refund of the returned Product including shipping at standard rates (partial returns excluded) within a maximum of 14-days following G.D.I.’s quality and quantity controls. Please note that only standard shipping rates for returns will be refunded as per art.L.121-21-4 of the French Consumer Code. Parcels returned COD will not be accepted and will be sent back to the sender, at sender’s expense.

6.4 Recalculation of shipping costs
The returned products may impact the free shipping threshold of the original order. In such case, the product refund will be net of the shipping costs which would have been charged initially.

7. WARRANTY OF COMPLIANCE AND HIDDEN DEFECT

G.D.I is liable for Product non-compliances as stipulated under articles L217-4 and following of the French Consumer Code. It is liable for hidden defect of commercial Products under articles 1641 and following of the French Civil Code.

8. LIMITATION OF LIABILITY

G.D.I. will not be held liable in case of damages resulting from a fraudulent 3rd party intrusion resulting in changes of the information contained on the Site. Nor will it be liable in case of mistakes resulting from the Buyer or Force Majeure as defined by the law and the courts.
Should G.D.I. be made liable for a damage incurred by the Buyer following an absence of or poor execution of service, this liability is limited to the paid amount of the order to G.D.I. by the Buyer.
G.D.I. shall not be liable for any damage, theft, breaking and entry at the delivery address as related to the delivery.

9. MISCELLANEOUS NOTE

The fact that G.D.I. does not invoke provisions of these T&C with the Buyer shall not be interpreted as voiding any of the terms herein.
If one the provision of the T&C is declared invalid in whole or in part, the other provisions and other rights and obligations arising from the T&C shall be unchanged and shall remain applicable.
The fact that you visit the Site or send e-mails to G.D.I. serves as electronic communication. Therefore, the Buyer consents to receive electronic communication from G.D.I. It is therefore agreed between the parties that e-mails and confirmations on the Site will be evidence namely relative to the content and date of the order.

10. PRIVACY

G.D.I values the privacy of its existing and prospective customers and provides the appropriate protection of your personal data.
The data required is collected and shared between G.D.I. and its partners for the purpose of sales order processing (order, invoicing, shipping, refund, claim, customer service), the flow of consumer comments, as well as the management of customer accounts (including sales and marketing offers, statistics as well as customer selection, pending their approval, for consumer research and product testing).
Data will be stored for a period enabling G.D.I. to meet its legal requirements or for a period not exceeding five years from the last purchase/contact.
Under the General Data Protection Regulation (Regulation (EU) 2016/679 April 27, 2016), the Buyer has a right to access, rectify, erase and transmit his data, as well as restrict or oppose the processing of his data by sending an e-mail (“Contact” on the Site) or a letter (including a copy of a legal proof of identification) to the following address: G.D.I., 88 bis, rue Michel Ange, 75016 Paris (France).
The Buyer is also entitled to submit a claim with the competent supervisory authority.
For additional information concerning the personal data protection policy of G.D.I. and cookies, The Buyer may access it by following the link: https://www.gisele-delorme.com/fr-FR/personnal-data.

11. CUSTOMER FEEDBACK AND RECOMMENDATIONS PUBLISHED ON THE SITE.

Customers may provide on the e-shop, feedbacks and recommendations regarding a product marketed on the Gisèle Delorme brand e-shop. This option is open to customers having purchased on the site and having an active account in line with the general terms and conditions and legal terms.

These published feedbacks shall be compliant with the laws regulating privacy, free speech and fair competition.

When publishing on this site, the authors agree that they bear the full responsibility of the content published. G.D.I. nevertheless reserves the right to moderate the content prior to publication.

Published feedbacks and recommendations are deemed non-confidential and G.D.I. is free to use them for any purpose, without limitations.

12. INTELLECTUAL PROPERTY

The Site and all its materials and concepts are the exclusive property of G.D.I. Any distribution, alteration, transmission or copying, elements or in total of the Site is prohibited. Inserting hypertext links in some or all sections of the Site without prior written consent is prohibited.
G.D.I retains all rights regarding the trademarks displayed on the Site. These trademarks and other elements are regularly registered and covered under EU and other world trademark legislations.
The Buyer agrees not to use any of G.D.I.’s trademarks and more generally, not to infringe or undermine G.D.I.’s intellectual property rights.

13. APPLICABLE LAW

The current T&C are governed by the laws of France. Any complaint, born within the frame of the afore T&C, including warranty claims and regardless of the plurality of defends, shall be exclusively brought before the Paris Commerce Court.
The Buyer may seek mediation in order to resolve an issue which may arise with G.D.I. provided that (i) the G.D.I. Customer Service was contacted in writing and that no solution was found, and (ii) that the claim is not baseless or abusive. The EU commission provides a single office for consumers seeking mediation for resolving their issue. This office may be reached at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=fr.

[Update January 14, 2021]