SAS company with a capital of 10,000 euros
Head office 3 Rue de l’Éperon Doré 35170 Bruz;
Email address firstname.lastname@example.org ;
RCS (or Trades Directory) of Rennes n°889821781;
Intra-community VAT n°FR38889821781;
The person responsible for the publication is Sébastien Destoc;
These T&Cs have been generated free of charge by the communication company Kinic .
General conditions of sale on Gabaky.com
Date of last update 12/11/2020
Article 1: object
These conditions govern sales by the company GABAKY 3 Rue de l’Eperon Doré 35170 Bruz de Jeu.
Article 2 – Price
The prices of our products are indicated in euros, all taxes included (VAT and other taxes applicable on the day of the order), unless otherwise indicated and excluding processing and shipping costs.
In the event of an order to a country other than metropolitan France, you are the importer of the product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are not the responsibility of GABAKY. They will be at your expense and are your sole responsibility, both in terms of declarations and payments to the competent authorities and bodies in your country. We advise you to inquire about these aspects with your local authorities.
All orders, whatever their origin, are payable in euros.
The GABAKY company reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the price in force at the time of the validation of the order and subject to availability.
The products remain the property of the GABAKY company until full payment of the price.
Please note: as soon as you take physical possession of the products ordered, the risk of loss or damage to the products is transferred to you.
Article 3 – Orders
You can order:
On the Internet: https://gabaky.com
The contractual information is presented in French and will be confirmed at the latest when your order is validated.
The GABAKY company reserves the right not to register a payment, and not to confirm an order for any reason whatsoever, and more particularly in the event of a supply problem, or in the event of difficulty concerning the order received.
Article 4 – Validation of your order
Any order appearing on the website https://gabaky.com implies acceptance of these General Conditions. Any order confirmation entails your full acceptance of these general conditions of sale, without exception or reservation.
All the data provided and the recorded confirmation will constitute proof of the transaction.
You declare to have full knowledge of it.
The order confirmation will constitute signature and acceptance of the operations carried out.
A summary of the information of your order and of these General Conditions will be sent to you in PDF format via the e-mail address confirming your order.
Article 5 – Payment
The fact of validating your order implies for you the obligation to pay the indicated price.
Payment for your purchases is made by credit card using the secure Stripe system.
The card is debited only when the order is dispatched. In the event of split deliveries, only the products shipped are debited.
Article 6 – Withdrawal
In accordance with the provisions of Article L.121-21 of the Consumer Code, you have a withdrawal period of 14 days from receipt of your products to exercise your right of withdrawal without having to justify reasons or to pay a penalty.
Returns must be made in their original condition and complete (packaging, accessories, instructions). In this context, your responsibility is engaged. Any damage suffered by the product on this occasion may be such as to defeat the right of withdrawal.
Return costs are your responsibility.
In the event of exercise of the right of withdrawal, the company GABAKY will refund the sums paid, within 14 days following the notification of your request and via the same means of payment as that used during the order.
Article 7 – Availability
Our products are offered as long as they are visible on the site https://gabaky.com and within the limits of available stocks. For non-stocked products, our offers are valid subject to availability from our suppliers.
In case of unavailability of product after placing your order, we will notify you by email. Your order will be automatically canceled and no bank debit will be made.
In addition, the website https://gabaky.com is not intended to sell its products in large quantities. Consequently, GABAKY reserves the right to refuse orders for identical items.
Article 8 – Delivery
The products are delivered to the delivery address indicated during the ordering process, within the time indicated on the order validation page.
In case of late shipment, an email will be sent to you to inform you of any consequences on the delivery time indicated to you.
In accordance with the legal provisions, in the event of late delivery, you benefit from the possibility of canceling the order under the conditions and methods defined in article L 138-2 of the Consumer Code. If in the meantime you receive the product, we will reimburse it and the delivery costs under the conditions of article L 138-3 of the Consumer Code.
In the event of deliveries by a carrier, the GABAKY company cannot be held responsible for late delivery due exclusively to the unavailability of the customer after several appointment proposals.
Article 9 – Warranty
All our products benefit from the legal guarantee of conformity and the guarantee against hidden defects, provided for by articles 1641 and following of the Civil Code. In the event of non-compliance of a product sold, it may be returned, exchanged or refunded.
All complaints, requests for exchange or refund must be made by mail within 30 days of delivery.
The products must be returned to us in the state in which you received them with all the elements (accessories, packaging, instructions, etc.). The shipping costs will be reimbursed to you on the basis of the price invoiced and the return costs will be reimbursed to you on presentation of the supporting documents.
The provisions of this Article do not prevent you from benefiting from the right of withdrawal provided for in Article 6.
Article 10 – Liability
The products offered comply with the French legislation in force. GABAKY cannot be held liable in the event of non-compliance with the legislation of the country where the product is delivered. It is up to you to check with the local authorities the possibilities of importing or using the products or services that you plan to order.
Furthermore, GABAKY cannot be held liable for damages resulting from improper use of the purchased product.
Finally, GABAKY cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses.
Article 11 – Applicable law in the event of disputes
The language of this contract is French. These conditions of sale are subject to French law. In the event of a dispute, the French courts will have sole jurisdiction.
Article 12 – Intellectual property
All elements of the https://gabaky.com site are and remain the exclusive intellectual property of GABAKY. No one is authorized to reproduce, exploit, redistribute, or use for any reason whatsoever, even partially, elements of the site whether software, visual or sound. Any simple or hypertext link is strictly prohibited without the express written consent of GABAKY.
Article 13 – Personal data
The GABAKY company reserves the right to collect personal information and personal data concerning you. They are necessary for the management of your order, as well as the improvement of the services and information that we send you.
They can also be sent to companies that contribute to these relationships, such as those responsible for the execution of services and orders for their management, execution, processing and payment.
This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations.
In accordance with the law of January 6, 1978, you have a right of access, rectification and opposition to personal information and personal data concerning you, directly on the website.
Article 14 – Archiving Proof
The GABAKY company will archive the purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code.
The computerized registers of the GABAKY company will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.