Conditions of Sale

6.2 Methods of delivery and delivery times

 

6.3 Delivery address

When placing the Order, the Customer shall indicate a delivery address (located in the Delivery Territories), if said address is different than the billing address.

The Customer is solely responsible for any delivery problems resulting from an error in the delivery address provided when placing the Order, or from a lack of accuracy with regard to this address.

 

6.4 Delivery delays

Guillemot shall have a maximum period of thirty (30) days following completion of the sales contract to deliver the Order to the Customer. If this deadline cannot be met, Guillemot shall inform the Customer via email. The Customer may then authorize Guillemot to deliver the Order within a reasonable additional period of time, either:

In the event of a failure by Guillemot to deliver the Products within the reasonable additional period of time granted by the Customer, the Customer shall be entitled to cancel the Order, either:

In the event whereby the Order has not already been shipped upon receipt of the cancellation notice sent by the Customer, the delivery shall be cancelled and the Customer reimbursed for any amounts charged, within fourteen (14) days following receipt of said cancellation notice.

In the event whereby the Order has already been shipped by Guillemot prior to receipt of the cancellation notice sent by the Customer, the Customer may, should he or she wish to do so, return the Product(s) received using his or her right of withdrawal pursuant to the conditions set out in article 4.3 of these General Terms and Conditions of Sale.

Guillemot shall not be held liable should any delivery problems which may arise be attributable to the Customer, result from an unforeseeable and insurmountable act by a third party to the contract, or result from force majeure as defined by French case law.

 

6.5 Failed delivery

In the event whereby the delivery cannot take place (for example, should the recipient not be present at the delivery address on the day of the delivery, if there is a problem with the delivery address provided, etc.), the Carrier may contact the Customer directly in order to arrange delivery of the Order.

In the event of a failed delivery and the return of the Product(s) to Guillemot, Guillemot shall contact the Customer via email to request that the Customer confirm his or her delivery address within twelve (12) days. The Product(s) will be shipped again, without any additional cost for the Customer, if the confirmed address corresponds to the address indicated when the Order was originally placed. However, in the event that the address is modified, the Customer must pay the cost of reshipping the Product(s) according to the procedure indicated by Guillemot. Should the Customer fail to respond within the required deadline, Guillemot shall cancel the Order and reimburse the Customer for the price of the Product(s), less the cost of the initial delivery, where applicable.

 

6.6 Verification of the Order upon delivery

Deliveries require the signature of the Order’s recipient. Upon receiving the package from the Carrier, the Customer must verify the state of the packaging (to determine whether the package has been damaged, opened, soiled by any type of liquid, etc.) and ensure that the Product(s) received correspond to the Order.

Failure to comply with this procedure precludes any recourse with regard to the Carrier or to Guillemot. In particular, the Customer shall neither be entitled to request a refund, nor request that Guillemot reship the Product(s).

In the event whereby the Product does not conform in kind or in quality with the specifications set out in the Product Sheet, or in the event of a missing Product, the Customer must inform Guillemot using the contact form, to be completed and sent online, available on the Website and accessible in the “CUSTOMER SERVICE” section of his or her customer account and comply, where applicable, with the return procedure set out in article 8.

 

Article 7: Claims and after-sales service

Any claims must be submitted to Guillemot using the contact form, to be completed and sent online, available on the Website and accessible in the “CUSTOMER SERVICE” section of the Customer’s customer account, making sure to indicate the Order number and date.

 

Article 8: Return procedure for Products

In the event of a return of the Product(s) pursuant to articles 6.6 or 9, the Customer must obtain an authorization and a return number from Guillemot’s after-sales service by sending a request using the contact form, to be completed and sent online, available on the Website and accessible in the “CUSTOMER SERVICE” section of his or her customer account. The Customer must indicate the return number assigned on the package containing the Product(s) being returned.

It is understood that any Product returned without a return authorization number shall be refused by Guillemot, and that no reimbursement shall be made to the Customer.

Products must be returned to the following address: Guillemot Corporation S.A., Rue de l’Epine, 56910 Carentoir, France.

The return package containing the Product(s) must be prepared by the Customer with the utmost care, in order to ensure that no Product suffers any damage in transport. Guillemot shall not be held liable for damage caused to any returned Product as a result of unsuitable or non-resistant packaging, or as a result of a lack of protection or insufficient protection for the Product(s) inside of the package.

The costs associated with returning Products, in the cases provided for in articles 6.6 and 9, shall be borne by Guillemot, subject to the Customer having followed Guillemot’s instructions regarding the return procedure.

 

Article 9: Warranties

All Products sold on the Website are subject to the legal warranty conditions stipulated in the French Consumer Code and the French Civil Code, so long as they have been used and kept according to normal conditions of use and upkeep.

 

9.1 Legal warranty of conformity (articles L217-1 to L217-32 of the French Consumer Code):

If the Product:

-           is unfit for the use normally expected of a product of the same type; or

-           does not correspond to the description, type, quantity, quality and other features, particularly with regard to durability, functionality, compatibility, interoperability, safety or any other feature stipulated in the contract or which the Customer might reasonably expect for products of the same type; or

-           does not include all of its accessories, including the packaging and installation instructions which must be provided in accordance with the contract, or which the Customer might reasonably expect;

the Customer may enforce the legal warranty of conformity within a period of two (2) years following delivery of the Product. During this period, the Customer is only obliged to establish the existence of the lack of conformity and not the date of its occurrence. To do so, the Customer must contact Guillemot using the contact form, to be completed and sent online, available on the Website and accessible in the “CUSTOMER SERVICE” section of his or her customer account, (i) making sure to provide the number and date of the Order corresponding to the Product for which the Customer wishes to enforce the warranty, and (ii) describing the defect observed.

If a defect in conformity is observed by the Customer with respect to a Used Product, the Customer is not obliged to provide proof that this Used Product was defective at the time of sale, for a period of up to twelve (12) months from the delivery date of the Used Product in question. Beyond this period of twelve (12) months, the Customer shall be obliged to provide this proof (by producing different attestations, repair estimates or expertise), without which the legal warranty of conformity shall not apply.

The Customer shall choose between the repair or replacement of the Product. However, pursuant to article L217-12 of the French Consumer Code, Guillemot may refuse the request by the Customer to bring the Product into conformity if doing so would be impossible or would result in disproportionate costs with respect to the value the Product would have had in the absence of a defect in conformity, with respect to the importance of the defect in conformity, or with respect to the possibility of opting for the other choice without significant inconvenience to the Customer.

The Product shall be brought into conformity within thirty (30) days of the Customer’s request, at no cost and without any major inconvenience to the Customer.

If the Product is repaired within the context of the legal warranty of conformity, the Customer benefits from an extension of six (6) months of the initial warranty.

If the Customer requests repair of the Product, but Guillemot requires its replacement, the legal warranty of conformity shall be renewed for a period of two (2) years from the date of replacement of the Product.

In the event whereby repair or replacement of the Product (a) is not possible; (b) occurs after a period of thirty (30) days; (c) causes a major inconvenience to the Customer, in particular where the Customer bears the costs of taking back or removing the non-conforming Product, or if the Customer bears the costs of installing the repaired or replacement Product; or (d) if the non-conformity of the Product persists despite Guillemot’s unsuccessful attempt to bring the Product into conformity; the Customer is entitled to a price reduction or termination of the contract.

The Customer shall also be entitled to a price reduction for the Product or to termination of the contract in the event whereby the lack of conformity is so serious that it justifies the immediate reduction of the price or termination of the contract. The Customer is then not obliged to request the repair or replacement of the Product in advance.

The Customer is not entitled to termination of the sale if the lack of conformity is minor.

Any period during which the Product is not used for the purpose of its repair or its replacement shall suspend the remaining warranty period until delivery of the repaired Product.

Pursuant to Article L217-5 III of the French Consumer Code, the legal warranty of conformity shall not apply in the event of scuffing, scratches and/or discolorations on Used Products, these possible characteristics of Used Products having been brought to the Customer’s attention in Article 2.2.3, nor in the event of minor defects in appearance or finish related to the manufacturing process of Factory second Products, this characteristic having also been brought to the Customer's attention in Article 2.2.4.

The legal warranty of conformity applies irrespective of any other commercial warranties which may be provided by Guillemot. The Customer also benefits from the legal warranty for hidden defects pursuant to articles 1641 to 1649 of the French Civil Code, for a period of two (2) years from the discovery of the defect. This warranty entitles the Customer to a price reduction if the Product is kept by the Customer, or to a full refund if the Product is returned.

 

9.2 Legal warranty against hidden defects (articles 1641 to 1649 and article 2232 of the French Civil Code):

If the Product is affected by hidden defects which render it unfit for its intended use, or which impair said use to such an extent that the Customer would not have acquired the Product, or would only have paid a lower price for the Product, should such defects have been known, the Customer may enforce the warranty against hidden defects within a period of two (2) years following discovery of the defect. To do so, the Customer must contact Guillemot using the contact form, to be completed and sent online, available on the Website and accessible in the “CUSTOMER SERVICE” section of his or her customer account, (i) making sure to provide the number and date of the Order corresponding to the Product for which the Customer wishes to enforce the warranty, and (ii) describing the hidden defect observed.

If the Customer proves the existence of the hidden defect, by producing different attestations, repair estimates or expertise, he or she may choose to return the Product and be reimbursed for the purchase price (excluding delivery costs), or keep the Product and be reimbursed for a portion of the price, as determined by experts.

 

9.3 Commercial warranty for Used Products

Irrespective of the legal warranty to which Guillemot is bound in accordance with articles 9.1 and 9.2 above, Guillemot offers the Customer the commercial warranty under the following conditions for Used Products as set out in article 2.2.3 of these General Terms and Conditions of Sale.

In this context, if the Used Product is unfit for the use normally expected of such a product, if it does not correspond to the description furnished by Guillemot, and/or if it does not possess the qualities advertised by Guillemot (hereinafter the “Defective Used Product”), the Customer shall be entitled, free of charge, to a commercial warranty according to the following conditions:

•    During the first three (3) months following delivery, the Customer may return the Defective Used Product to Guillemot and obtain a reimbursement, namely the invoiced price for the Used Product, including costs which may have been paid for its initial delivery, as well as return costs.

•    During the fourth, fifth and sixth months following delivery, the Customer shall keep the Defective Used Product and may obtain a partial refund, namely 50% of the invoiced price for the Used Product, including costs which may have been paid for its initial delivery.

•    During the six months after the sixth month following delivery, the Customer shall keep the Defective Used Product and may obtain a partial refund, namely 25% of the invoiced price for the Used Product, including costs which may have been paid for its initial delivery.

The following defects are excluded from this commercial warranty: scuffing, scratches and/or discolorations on Used Products.

To take advantage of the commercial warranty, the Customer must contact Guillemot using the contact form, to be completed and sent online, available on the Website and accessible in the “CUSTOMER SERVICE” section of his or her customer account, (i) making sure to provide the number and date of the Order corresponding to the Product for which the Customer wishes to enforce the warranty, and (ii) describing the defect observed.

 

9.4. Limited warranty for Factory second Products

Factory second Products are sold ‘as is’ due to minor defects in appearance or finish inherent in their manufacturing process. The Customer acknowledges having been informed, at the time of placing their Order, of the specific characteristics of Factory second Products, in particular the possible presence of such defects.

These purely aesthetic defects do not constitute defects of conformity or hidden defects within the meaning of Articles 9.1 and 9.2 of these General Terms and Conditions of Sale. Furthermore, Guillemot expressly excludes the application of the commercial warranty referred to in Article 9.3 for these defects.

No express or implied warranty, including merchantability or fitness for a particular purpose, shall apply to these defects. The Customer agrees that these defects shall not constitute grounds for refusal, return or claim for damages.

However, this limitation does not affect the Customer's rights under mandatory legal warranties covering defects that make the Product unfit for its intended use or non-compliant with its characteristics, as well as hidden defects affecting its use, in accordance with Articles 9.1 and 9.2 of these General Terms and Conditions of Sale.

 

Article 10: Intellectual property rights

The brands featured on the Website or the Products are registered trademarks. These brands remain the full and complete property of Guillemot and/or of their respective owners, and their reproduction, whether in whole or in part, without Guillemot’s express permission is strictly prohibited. This also applies to all illustrations, images, drawings, models, software and patents, whether or not the aforementioned are subject to intellectual property rights.

 

Article 11: Period of availability of spare parts essential for the use of Products

No spare parts shall be provided by Guillemot.

 

Article 12: Personal information

In its role as data controller (as defined in article 4 of Regulation (EU) 2016/679 of April 27, 2016), Guillemot processes personal data required for management of Customers and potential customers (customer account creation, Orders, payment, billing, delivery, after-sales service, exercise of rights, etc.), management of the sending of commercial information, and management of litigation, pursuant to applicable regulations in relation to personal data. Personal information collected from the Customer by Guillemot is required in order to fulfil Orders from the Customer, and is saved in Guillemot’s customer files. Processing operations with regard to billing data are also legal obligations. Processing operations with regard to authenticating the party making a payment are required for the purposes of protecting the legitimate interests of both Guillemot and cardholders (so as to prevent falling victim to fraud). Processing operations with regard to after-sales service and management of litigation are required for the purposes of protecting the legitimate interests of Guillemot (avoiding or resolving disputes, and promoting the quality and reputation of Guillemot’s products and services while protecting its financial interests). The Customer’s postal address, email address and telephone number will be shared with Guillemot’s service provider responsible for delivering the Products. Guillemot’s service provider responsible for processing payments via credit card collects the card data (information regarding the cardholder’s identity, card number, country where the card was issued, its expiry date, and its security code, if applicable). Information regarding billing and delivery, the email address used and the purchasing history will be shared with Guillemot’s service provider responsible for processing payments via credit card in order to prevent fraudulent payments (to authenticate the party making the payment). In order to authenticate the party making the payment, the service provider also collects the IP address of the device used for the payment. Depending on the cardholder’s bank, the Customer may be obliged to answer one or more additional questions from the bank (see article 4.1); however, Guillemot has no way of knowing whether personal data will be collected in such circumstances (as Guillemot is not privy to the methods used by said bank). With the express consent of the customer account holder, Guillemot or its subsidiaries may send him or her promotional or advertising-related emails: the customer account holder has the right, should he or she wish to do so, to stop receiving these types of commercial emails (at any time in his or her customer account, or by clicking on an unsubscribe link found in such emails). With respect to his or her telephone number, the Customer — if he or she resides in France — is informed by Guillemot that he or she has the right to register on the telephone canvassing opposition list (in France: Bloctel), pursuant to article L223-2 of the French Consumer Code.

According to the Data Protection Act of January 6, 1978, subsequently amended, any Customer, upon proof of identity, has the right to ask the data controller for access to personal data related to him- or herself, to rectify or delete said data, and to request limitation of the processing of said data. In order to exercise these rights, the Customer must simply complete and submit online the contact form available on the Website and accessible in the “CONTACT US” section. In the event that the Customer is not satisfied with Guillemot’s response, he or she may lodge a complaint with the competent supervisory authority (in France: the CNIL, the French Data Protection Authority).

Billing data shall be kept for ten (10) years from the invoice date. Other data shall be kept for three (3) years from the Customer’s last login to his or her customer account, or from the last email received from the email address associated with said data. Banking information is not kept by Guillemot.

Payment card data security: Guillemot does not store credit card or PayPal® account data used for payment of the Order. By completing the payment form, the Customer sends his or her bank details to Guillemot’s service provider responsible for processing payments.

For more information regarding the processing of personal information by Guillemot, the Customer may refer to the “PRIVACY POLICY” section of the Website.

 

Article 13: Liability

Guillemot shall not be held liable in the event whereby a failure to meet its obligations results from an unforeseeable and insurmountable act by a third party to the contract, or due to force majeure as defined under French case law, or due to the non-fulfilment or improper fulfilment of the sales contract by the Customer.

Furthermore, Guillemot shall not be held liable for any damages related to the use of the Internet by the Customer.

 

Article 14: Retention of title

The Product(s) remain the property of Guillemot until full and complete receipt of payment. Payment is deemed to have been made on the date of the receipt of funds in Guillemot’s bank account. In the event whereby payment has not been received from the Customer and one or more Products have already been shipped to the Customer, Guillemot may reclaim the Product(s) at the expense and risk of the Customer. In any case, upon receipt of the Product(s) by the Customer or his or her representative, the risk is transferred to the Customer.

 

Article 15: Applicable law and jurisdiction

Computerized records, stored in Guillemot’s computer systems under reasonable security conditions, shall be considered as proof of the communication of Orders and of payments which have taken place.

Barring a manifest error on the part of Guillemot, data stored in Guillemot’s computer systems shall have probative force with respect to Orders placed by the Customer. Archiving of Orders and of invoices is carried out on a reliable and durable medium, so as to ensure a faithful and durable copy.

These General Terms and Conditions of Sale and the online sales contract, as well as all related disputes and complaints, are subject to French law.

In the event of a dispute between Guillemot and the Customer, the parties shall attempt to reach an amicable solution.

For this purpose, the Customer may make any claim request relating to his or her Order or these General Terms and Conditions of Sale, in writing by contacting Guillemot’s customer service department via the form available on the Website and accessible in the “CUSTOMER SERVICE” section of his or her customer account.

Failing an amicable agreement between Guillemot and the Customer, in accordance with the provisions of the French Consumer Code relating to the amicable settlement of disputes, the Customer can refer the matter free of charge to the consumer ombudsman associated with Guillemot — the Association des Médiateurs Européens / Association of European Mediators (AME Conso) — within a period of one (1) year following his or her written claim sent to Guillemot.

Referral to the consumer ombudsman may take place in one of the two following ways:

The consumer ombudsman’s referral procedures are available at the following address: https://www.mediationconso-ame.com/le-processus-de-la-mediation-de-la-consommation.html

Pursuant to article L.612-2 of the French Consumer Code, the mediator shall not review any litigation for which the request is manifestly unfounded or abusive, or whereby the litigation has previously been examined by or is in the process of being examined by another mediator or by a court, or if the consumer has filed his or her request with the mediator more than one (1) year following his or her written claim with Guillemot, or if the litigation does not fall within the mediator’s field of competence, or finally if the consumer cannot prove to have already attempted to resolve his or her litigation directly with Guillemot by way of a written claim in accordance with the terms set out in these General Terms and Conditions of Sale.

The purpose of the mediation procedure is to reach a friendly settlement of any consumer litigation by way of mediation. Nevertheless, the parties remain free to accept or refuse the use of mediation or, as the case may be, to accept or refuse the solution proposed by the mediator. Failing an amicable agreement between the parties, any disputes shall be subject to the exclusive jurisdiction of the French courts.

 

Article 16: Miscellaneous

In the event whereby any provision of these General Terms and Conditions of Sale is determined by a court of competent jurisdiction to be unlawful or unenforceable, the remaining provisions shall continue to be binding.

Should one of the parties fail to enforce its rights with respect to any provision of these General Terms and Conditions of Sale, in any circumstances, such action or lack of action shall not be construed as a waiver of the rights conferred by said provision or by any other provision of these General Terms and Conditions of Sale.

No commitment may be made by either party in the name of and/or on behalf of the other party. Moreover, each of the parties remains solely responsible for its allegations, commitments, services, products and personnel.

 

Article 17: Treatment of waste electrical and electronic equipment

With a view to protecting the environment, the Customer must not dispose of his or her Product(s) along with other household waste at the end of a Product’s lifespan, or when a Product has become obsolete.

When purchasing a Product, an environmental contribution may be required of the Customer, in accordance with regulations. The full amount of said contribution shall be donated to an approved environmental organization in order to finance the Product’s recycling.

Different options are available to Customers wishing to dispose of a Product at the end of the Product’s lifespan, or when the Product has become obsolete. The Customer may either:

-   drop the Product off at a nearby used-materials centre or collection point managed by local authorities or community groups; or

 

Article 18: Contact

Guillemot may be contacted: