These Terms and Conditions (henceforth referred to as Terms) apply to the purchase by the Buyer of any Goods from GURU MTP SARL, a vegan shoe and accessory retailer registered in France under number 850 664 244 at the Nîmes trade and company register, made at https://www.guru-mtp.fr/ (henceforth Website). The Company’s headquarters are located at Hameau de Crémal 30260 CORCONNE (telephone number: 0661056410 / email adress: firstname.lastname@example.org).
Buyer declares having full knowledge that the Website is destined exclusively to customers and not to businesses.
The Company invites the Buyer to carefully read these Terms, whose purpose is to provide truthful information on the conditions of sale of Goods by the Company, and to define the rights and obligations of each part.
The Buyer acknowledges having full understanding of the Terms, and accepts them by checking the corresponding box when confirming an Order on the Website.
The Company may update or amend these Terms at any time. Each purchase is subject to the Terms in effect at the time the order is placed.
1 – DEFINITIONS
Buyer: means the natural person of the Company’s co-contractor, having placed an order for Goods sold on the Website. The Buyer certifies to being a consumer as defined by French law and jurisprudence, and acknowledges acting for personal need, outside of any regular or commercial activity. Therefore, the Buyer declares that the Goods will not be resold for commercial purposes. The Buyer also attests to being legally capable of entering into binding contracts such as intended in these Terms.
Company: means GURU MTP, as described in the preamble of these Terms.
Goods: means the shoes and/or accessories (among which the cloth bags and organic ink-stamped t-shirts) available for purchase on the Website. The Company certifies that these Goods are 100% vegan items, free of any materials of animal origin.
Order: means any Goods ordered by Buyer on the Website, as described in Article 3.
Website: means this site, located at www.guru-mtp.fr.
2 – MAIN FEATURES
The Company presents the main features of the Goods available for purchase on the information sheets available on the Website.
The Buyer shall carefully read the details relative to these main features before placing an Order.
Pictures, graphic elements and/or descriptions of Goods available on the Website are not contractual and are not binding on the Company. Even though all efforts are made to ensure that pictures and graphic representations of the Goods are faithful to the original, the Company is not liable for any non-substantial errors or deviations in said pictures or graphic representations (such as variations in colour or pattern, especially those due to the Buyer’s digital devices’ colour display limitations).
3 – ORDERS
All Orders placed through the Website must comply with the following procedure and conditions.
• Registration and identification
The use of the Website (and thus the passing of any Order) is open to any natural person in full legal capacity, and is conditioned upon the free registration and identification of the Buyer.
To register on the Website, the Buyer must fill all compulsory fields; failing to do so, registration may not be considered complete.
The Buyer guarantees that the information entered on the Website is accurate and truthful, and commits to keep the account’s personal information up to date.
The Buyer has a username and a password. These are strictly personal and confidential. The Buyer commits to ensure their safety, and to not disclose them to anyone else.
In the case of loss, theft, or fraudulent use of the Buyer’s account, the Company may not be held liable. The Buyer must inform the Company with no delay, so that it may take the appropriate measures.
• Goods selection
After registration is complete, or after logging in if already possessing an account, the Buyer may select Goods by choosing the desired characteristics and quantities; the selected Goods are then added to the “cart”.
The Buyer is free to modify the contents of the cart at any time by adding new Goods, by removing Goods previously selected, by modifying the chosen quantities, etc.
Once the Goods are selected, the Buyer must click on the cart and validate its contents.
• Order validation
Once the contents of the cart are validated, the Buyer must choose a shipping option and fill the corresponding shipping (postal address or postal office) and billing (which may differ from the previous) information.
The Buyer must then choose a payment mode and state all necessary information, following the instructions given on the Website.
After this information is adequately filled and validated, the price of the Goods and the eventual shipping costs are displayed in an automatically generated online form.
The Buyer may then carefully review the exactness of this information and the contents of the Order before validating it.
At the end of the Order process as described before, the Buyer must accept these Terms and click on “CONFIRM MY ORDER AND VALIDATE MY PAYMENT”.
• Order confirmation and date
Once the Order is confirmed, the Buyer will receive a confirmation statement by e-mail, having agreed to do so as stated in article 1126 of the French Civil code.
The confirmation statement contains the Order number, the main features, quantity and price (among which the applicable taxes) of the Goods, as well as any information pertaining to the shipment (address, cost, and delay).
The Order’s date is the same as the one on which the Company sends the confirmation to the Buyer. Delivery times stated on the Website are calculated from this point on.
4 – PRICE
Prices stated on the site are expressed in Euros and include taxes, including the valid French VAT, but excluding shipping costs.
The prices charged are those valid at the date of the Order.
The Company may modify the price of the Goods at any time and without any particular notice .
5 – PAYMENT
The Buyer must pay the Order by credit card, by filling its number and expiration date, as well as the cryptogram displayed on it, in a secured space on the Internet.
The following credit cards can be used for payment: Visa and Eurocard/MasterCard.
Payments via Paypal are also accepted.
By validating an Order, the Buyer certifies to the Company to being the owner of the bank card used for the payment.
The Buyer ensures the transaction in accordance to the bank’s security norms, each bank possessing it’s own authentication system.
By communicating the necessary bank details, the Buyer accepts in advance and without condition that the Company will proceed with the secure transaction, and authorizes in advance the bank to debit the Buyer’s account with the amounts communicated by the Company
The sales agreement is deemed complete when the full payment is credited to the Company’s account.
In the eventual case that, for any reason (cancellation, refusal of payment, etc.), the debit of the price owed by the Buyer was impossible, the selling would immediately be cancelled.
6 – SHIPPING
The shipping of the Goods will take place at the date, or in the time frame stated by the Company, and at most within 30 days after the placement of the Order.
The Company does not cover the costs for standard shipping.
The shipping costs for express shipping (hand-delivered or not) are on the Buyer and result from personal choice: the amount of these fees will be properly stated before validation of the Order.
In case of delays, the Buyer may cancel the sale after unsuccessfully asking the Company to proceed with the shipping within a reasonable time frame.
In this case, the sale is cancelled at the moment the Company receives a written statement informing it of the resolution, unless the Goods were shipped in the meantime.
7 – CANCELLATION
• Cancellation principle
The Buyer benefits from a right to cancel the contract, that may be exercised without stating any particular reason by returning the ordered Goods to the Company.
• Cancellation delay
The Buyer must exercise the cancellation right within fourteen (14) days after shipment of the Goods.
If the Buyer has passed an Order for several Goods shipped separately, the Cancellation period starts at the moment the last one is received.
The Buyer is informed that the day the Goods are received is not considered to be within the cancellation period, and that if this period would end on a Saturday, Sunday, or holiday, it is extended until the first working day available.
• Cancellation declaration
The Buyer must send to the Company the duly filled cancellation form that was provided with the Order’s invoice, or any other unambiguous statement expressing a will to cancel the Order, to: email@example.com or Société GURU MTP – Hameau de Cremal 30269 CORCONNE.
The decision to cancel the Order must be declared by the Buyer before the expiration of the cancellation period described above.
• Cancellation mode and costs
The Buyer must send back or return the Goods to the Company with no excessive delay, and at most within fourteen (14) days after sending the cancellation declaration to: Société GURU MTP – Hameau de Cremal 30269 CORCONNE.
The return costs, of which it is advised to keep a receipt of by any means available, will be paid by the Buyer if shipping from outside of France. Within France, returns are offered by the Company.
• State of the Goods
The Buyer must return the Goods to the Company in their full, original packaging, along with any accessories eventually sent.
The Buyer may be held liable for any depreciation of the Goods resulting from manipulation beyond that necessary to establish the nature, features and condition of the Goods.
The Buyer, as such, is aware that no refund will take place in case the Goods are not returned, or are returned incomplete, degraded, damaged, deteriorated, or stained, or in any condition suggesting that they were used beyond a simple trial.
As shoes, the sole, in particular, must be intact. On this particular point, the Company suggests that the Goods are tested on a rug-like surface.
• Price refund
The Company will refund the Buyer for the full payment, excluding shipping costs, with no unjustified delay and at most fourteen (14) days after receiving the Goods or any proof that they were sent, whichever comes first.
The refund will be made through the same means used for the payment of the Order.
8 – LEGAL GUARANTEES
For any Goods sold by the Company, the Buyer may benefit from the legal guarantee of conformity provided in articles L.217-4 et seq. of the French Consumer code, as well as from the legal guarantee on hidden defects provided in articles 1641 et seq. of the French Civil code
For any correspondence with the Company, the Buyer will use the following contact information ; firstname.lastname@example.org or Société GURU MTP – Hameau de Cremal 30260 CORCONNE.
The Company will ship a product in conformity with the contract and without any conformity defects (including those resulting from packaging) at the moment of the delivery, meaning a product fit for the expected use of Goods of a similar kind, and possessing the qualities presented at the time of the sale.
The Buyer will not benefit from the legal guarantee of conformity unless he makes use of it within two years after receiving the Goods. Conformity defects appearing within twenty-four months after the shipment of the Goods are presumed to exist at the time of the shipping, unless proven otherwise.
In the case where conformity defects would appear, the Buyer may choose between repair or replacement of the Goods, unless said choice would entail manifestly disproportionate costs to the Company with respect to the Goods’ price or the defect’s importance.
If repair or replacement of the Goods were not possible, the Buyer may send the Goods back and have the full price refunded, or keep the Goods and receive a partial refund.
The sale may not be cancelled, however, if the conformity defect is minor.
The conformity guarantee holds no cost for the Buyer.
• Hidden defects
The company must respect the guarantee covering hidden defects present in the Goods that would render them unsuitable for their intended use, or that would diminish it in such a way that the client would not have acquired said Goods, or would have done so for a lesser price, if the Buyer had known them.
To benefit from this guarantee, the Buyer must exercise it within two (2) years starting from the discovery of the defect, and prove that he fills the conditions for it by showing proof of the defect.
The Buyer may choose between sending the Goods back and having the full price refunded or keeping the Goods and receiving a partial refund.
9 – LIABILITY AND FORCE MAJEURE
The Company does everything in its power to satisfy its Customers and to ensure the shipment of the Goods to the Customers. It is liable for any direct and foreseeable damage at the moment the sales contract is concluded.
The Company is not liable for any damages not resulting from a failure to perform its obligations.
The same applies in the case of a Force Majeure event, defined as an event outside the Company’s reasonable control that may not have been reasonably anticipated at the time of the contract’s conclusion, whose effects may not have been avoidable by taking the appropriate measures, and preventing it from performing its obligations towards the obligor.
The Company will inform the Buyer of the existence of such a Force Majeure event within seven (7) days of its happening.
If the Company’s impossibility to perform its obligations were to go beyond fifteen (15) days, the Buyer may choose to cancel the Order and the Company shall proceed to refund the payment within seven (7) days.
10 – INTELLECTUAL PROPERTY
The Buyer may not represent, replicate or adapt, directly or indirectly, the Website and its contents, wholly or partially, in any measure or shape.
The Company is and remains the owner of the rights to intellectual property attached to any Goods, such as brands, illustrations, pictures, images, models and logotypes, registered or not.
Any total or partial reproduction, downloading, modification or use of the brands, illustrations, pictures, images, models and logotypes of the Company, for any purpose and on any support, is strictly forbidden without previous explicit and written consent from the Company.
The creation of hyperlinks to any one of the pages of the Website, and in general, any use of the Website not conforming to the present user license is also forbidden without previous explicit and written consent.
11 – PROTECTION DES DONNÉES PERSONNELLES
The Company is highly concerned by the protection of privacy. It commits to respect the Buyer’s personal data and to keep it confidential, so as to ensure a positive and reliable experience of its services.
As a part of its activities, the Company collects and stores the Buyer’s personal data, and is in charge of processing it.
The Company refers to the legal entity referred to in the Preamble to these Terms, that is, GURU MTP, limited liability company registered at the Nîmes trade and companies register under number 850 664 244, whose head office is situated at Hameau de Cremal 30260 CORCONNE, represented by its two active CEOs, Misses Fanny AUBIGNAT and Gwendoline LEMERET.
The present article is intended to give accurate information on the protection of your personal data, especially on the way the Company stores it, and on the rights you are entitled to regarding it.
In this respect, the Company commits to respecting the essential principles of the general European regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016) and of French law (Act N°78-17 of 6 January 1978 on Information Technology, Data Files and Civil Liberties) on the protection of personal data.
• Objectives and legal basis for the collection of personal data
Personal data is collected by the Company to allow the Buyer to navigate its Website in a more relevant and fluid way, to treat Orders placed by the Buyer on the Website, to manage the Buyer’s account, to ensure the link between the Buyer and the after-sales service, to ensure delivery, to make payment and refund operations possible, to establish invoices, to ensure the management of the Buyer’s feedback or even to send the Buyer commercial prospects via e-mail, if consent was explicitly stated and as long as it is not withdrawn,.
Data storage is necessary to the execution of the contract, and to ensure the legitimate interests of the Company, which are to improve the Goods and the service offered to the Buyer, are met.
The Buyer’s consent and the legitimate interest of the Company constitute the legal basis for the storage of data.
• Data sharing
The Buyer’s personal information is sent to third-parties intervening within the boundaries of the sale.
On the subject of the Order’s processing, the Buyer is informed of the fact that personal data is sent to third parties specializing in bank transfers (banks and Paypal platform) and consumer goods delivery (courier services).
The Company certifies to the Buyer that personal data is in no way transferred outside of the EU for the aforementioned ends.
• Storage period
With due respect to the current rulings, the Company only stores the Buyer’s personal data for the time required for the completion of the operations mentioned in the “Objectives and legal basis for the collection of persona data” section.
Data relative to commercial prospects is stored for three (3) years as of the prospect’s last contact.
For accounting and fiscal reasons, as well as to satisfy its legal obligations, data related to the Buyer and the Buyer’s Orders is stored for ten (10) years as of the end of the commercial relationship, that is, the last Order placed with the Company through the Website.
Regarding the prevention and fight against tax evasion and money laundering, data is stored for five (5) years as of the end of relations with the Company.
Bank information is kept until the day following the credit card’s expiration date.
• Individual rights regarding personal data
Any Buyer using the Website has the right to exercise the following rights : right of access and to rectification of personal data, right to ask the Company for information regarding the processing of personal data, right to restrict the processing of personal data, right to object profiling for marketing purposes and commercial prospecting, right to data portability and right to erasure and suppression of personal data.
The Buyer also possesses a right to object, at any moment and for reasons resulting from any particular circumstances, to the processing of personal data whose legal basis is the interest of the Company.
The Buyer is informed that the rights to erasure and to restrict the processing of personal data may be subject to the conservation of said data for the period necessary for the Company to fulfil its legal, accounting and fiscal obligations.
• Modes of exercise of the Buyer’s rights
In general terms, to exercise any rights the Buyer must notify the Company — the entity responsible for processing the data — by way of postal mail addressed to GURU MTP – Hameau de Cremal 30260 CORCONNE, or by way of e-mail sent to email@example.com
The Buyer’s request must state the following information: first and last names, postal and e-mail address, and must include a valid proof of identity.
The Company shall answer to the Buyer at most within a month (1) after receiving the aforementioned request. If said request (or requests) were deemed to be particularly complex or great in number, this period will be extended by two (2) months
At any moment, the Buyer may choose to file a complaint to the CNIL, the competent regulatory instance, whose contact details are : 3 Place de Fontenoy TSA 80715 75334 Paris Cedex 07 / Phone number: +3220.127.116.11.22 / Website : www.cnil.fr.
• Fate of the Buyer’s personal data after death
The Buyer may state general or particular directives concerning the preservation, erasure and transmission of personal data after death.
The Buyer may modify or revoke these directives at any moment.
In the absence of any directives or contrary statements in such directives, the Buyer’s heirs may exercise the following rights after the Buyer’s death: right to access processed data necessary to organize the deceased person’s succession, right to proceed to close the deceased person’s Account, right to oppose any further processing or to update it.
In any case and at any moment, the Buyer may notify the Company that the Buyer’s personal data may not be transferred to a third party after the Buyer’s death.
• Security measures
The Company commits to put all technical and organizational means to the task of preserving and granting the protection of the Buyer’s personal data against their disclosure, loss, alteration or access by a third party.
These means are determined based on the state of the art, the implementation costs and the nature, scope, context and ends of the processing, as well as the identified risks.
In the case where the Company would recur to external service providers, it will ensure that they respect the applicable regulations on personal data protection.
In this capacity, the Company informs the Buyer that it employs the services of a PCI-DSS-certified service provider.
During the use of the Website, the Company, its service providers or other third parties may, depending on the Buyer’s choices, install “cookies” on the Buyer’s terminal, that is, text files saved in the web browser.
Some cookies left by the Company or its service providers are destined to identify the Buyer’s terminal in ulterior visits to the Website to improve browsing, to ensure the correct execution of the Order and to allow the Company to keep track of its own activity. These cookies are essential for browsing the Website and for placing Orders ; their suppression may result in difficulties while browsing, and even inability to place an Order.
Other cookies are left by third parties to optimize search and buyer experience, to identify the Buyer’s centres of interest, to target the Buyer’s expectations and to send the Buyer personalized offers, as well as to improve the Company’s offers. They are not essential to browse the Website or to place Orders. These cookies are subject to the privacy policies of each one of these third parties.
The storage of cookies on the terminal is subject to the Buyer’s consent.
At any moment, the Buyer may modify the chosen cookie preferences.
The Buyer’s web browser may be configured as deemed convenient, whether to allow the storage of cookies or to refuse it systematically. The browser may also be set to ask the Buyer on a case by case basis if cookies are to be accepted or refused, before they are stored on the terminal.
The Buyer acknowledges that any cookie setup on the web browser may entail changes in the browsing conditions and in the access to certain services. Thus, refusing certain essential cookies may potentially hinder ordering.
Cookie management and the Buyer’s personal options are configured differently on each different browser. This process is described in the help menu of your browser. The Company invites you to take notice of it.
12 – CANCELLATION
The fact that the Company may at some point abstain to demand the execution of any of the clauses in these Terms may not be interpreted under any circumstance as a renunciation to demand their partial or total fulfilment .
The Company will thus remain in its right to uphold its rights and remedies.
13 – VALIDITY AND MODIFICATION OF THE TERMS AND CONDITIONS
Si l’une quelconque des stipulations des présentes CGV est déclarée nulle et de nul effet en tout ou partie, les autres stipulations et les autres droits et obligations découlant de ces CGV demeureront inchangés et applicables.
La Société se réserve le droit, à tout moment, de modifier et mettre à jour les CGV.
Les conditions applicables à la vente d’un Produit sont celles en vigueur au moment de la Commande.
14 – ACCEPTANCE OF THE TERMS
The Buyer explicitly accepts these Terms and declares having read them carefully.
Every time an Order is placed, the Buyer will be asked to substantiate the acceptance of the Terms by checking the box provided (“I accept GURU MTP’s Terms and Conditions”) .
The Buyer confirms having been informed, in a clear and understandable way, of the details contemplated in articles L. 111-1 and following of the French Consumer protection code, especially the main features of the Goods, the price of the Goods, the date or period in which the Company commits to deliver the Goods, the information relative to the Company’s identity, telephone number, postal and electronic addresses, information pertaining to the legal warranties, contractual conditions, and modes of application, the possibility to seek mediation or even information pertaining to the right of cancellation.
15 – LITIGATION, MEDIATION AND GOVERNING LAW
These Terms, destined to preside over the contractual relationships between the Company and the Buyer, are subject to French law.
If facing difficulties at the time of the Purchase or delivery, and before initiating any legal action, the Buyer may directly contact the Company to reach a friendly settlement. Mediation by way of the CNPM (National Chamber of mediation practitioners) may eventually be sought.
To submit a litigation to a mediator, the Buyer can fill the form available on the CNPM’s website: https://www.cnpm-mediation-consommation.eu/ or contact CNPM Médiation Consommation by mail, by writing to 23 rue de Terrenoire, 42100 Saint-Étienne. Regardless of the means to reach out to the mediator, the Buyer must produce a complaint including both the Buyer and the Company’s contact details (telephone number, postal and e-mail addresses), a brief summary of the events and proof of the administrative procedures carried out with the Company before the referral.
In the case where no friendly settlement or referral to a mediator were to occur, the litigation will be submitted to the competent tribunal, in accordance to the rules stated by the French Civil procedure and Consumer protection codes.
August the 30th, 2019