TERMS OF SALES
Preamble
These general conditions of sale apply to all sales made on the ter[g]el-Maison de
style.
The website www.tergel-maisondestyle.com is a service of: The sole proprietorship Tergel Gerelt located 2 B rue du Colonel De Bange 78000 Versailles, France
URL address of the site: www.tergel-maisondestyle.com
e-mail: contact@tergel-maisondestyle.com
The ter[g]el-Maison de style website sells the following products: Clothing and accessories. ordered. The validation of the order therefore implies acceptance of the general conditions of sale.
Article 1 - Principles
These general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to
accept without reservation.
These general conditions of sale apply to the exclusion of all other conditions, and in particular those
applicable for sales in stores or through other distribution and marketing channels.
They are accessible on the ter[g]el-Maison de style website and shall prevail, where applicable, over any other version or
any other contradictory document.
The seller and the buyer agree that these general conditions exclusively govern their relationship. the
seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put into effect.
line.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the sector of the
distance selling whose companies have their headquarters in France.
These general conditions of sale are valid until September 01, 2024.
Article 2 - Content
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the sale in
line of goods offered by the seller to the buyer, from the ter[g]el-Maison de style website.
These conditions only apply to purchases made on the ter[g]el-Maison de style website and delivered
exclusively in metropolitan France or in Corsica. For any delivery in the DOM-TOM or abroad, it is advisable to send a
message to the following e-mail address: contact@tergel-maisondestyle.com.
These purchases concern the following products: Clothing and accessories.
Article 3 - Pre-contractual information
The buyer acknowledges having had communication, prior to the placing of his order and the conclusion of the contract,
in a legible and understandable manner, of these general conditions of sale and of all the information listed at
Article L. 221-5 of the Consumer Code.
The following information is transmitted to the buyer in a clear and understandable manner:
- the essential characteristics of the property;
- the price of the good and/or the method of calculating the price;
- if applicable, all additional transport, delivery or postage costs and all other possible costs
due;
- in the absence of immediate execution of the contract, the date or the deadline on which the seller undertakes to deliver the goods, whatever
his price ;
- information relating to the identity of the seller, his postal, telephone and electronic contact details, and his
activities, those relating to the legal guarantees, the functionalities of the digital content and, where applicable, its
interoperability, the existence and terms of implementation of warranties and other contractual conditions.
Article 4 - The order
The buyer has the option of placing his order online, from the online catalog and using the form provided there.
figure, for any product, within the limits of available stocks.
The buyer will be informed of any unavailability of the product or the goods ordered.
For the order to be validated, the buyer must accept, by clicking where indicated, these conditions.
general. He will also have to choose the address and the delivery method, and finally validate the payment method.
The sale will be considered final:
- after the sending to the buyer of the confirmation of the acceptance of the order by the seller by e-mail;
- and after receipt by the seller of the full price.
Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this
point will intervene within the framework of a possible exchange and the guarantees mentioned below.
In some cases, including non-payment, incorrect address, or other problem with the buyer's account, the seller
reserves the right to block the purchaser's order until the problem is resolved.
For any question relating to the follow-up of an order, the buyer can call the following telephone number: (cost of a
local call), on the following days and times: Monday to Friday from 9 a.m. to 5 p.m., or send an email to the seller at
following email address: contact@tergel-maisondestyle.com.
Article 5 - Electronic signature
The online provision of the buyer's credit card number and the final validation of the order will be worth proof of
Buyer's Agreement:
- payment of sums due under the purchase order;
- signature and express acceptance of all operations carried out.
In the event of fraudulent use of the credit card, the buyer is invited, as soon as this use is observed, to contact the
seller at the following email address: contact@tergel-maisondestyle.com.
Article 6 - Order confirmation
The seller provides the buyer with an order confirmation, by email.
Article 7 - Proof of the transaction
The computerized registers, kept in the seller's computer systems under reasonable conditions of
security, will be considered as proof of communications, orders and payments between the
parts. Archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced at
title of evidence.
Article 8 - Product information
The products governed by these general conditions are those which appear on the seller's website and which are
marked as sold and shipped by the seller. They are offered within the limits of available stocks.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have
occur with regard to this presentation, the responsibility of the seller could not be engaged.
The photographs of the products are not contractual.
Article 9 - Price
The seller reserves the right to modify its prices at any time but undertakes to apply the current prices indicated in
time of order, subject to availability on that date.
Prices are in euros. They do not take into account the delivery costs, invoiced in addition, and indicated before the
confirmation of the order. The prices take into account the VAT applicable on the day of the order and any change in the
applicable VAT rate will be automatically passed on to the price of the products of the online store.
If one or more taxes or contributions, in particular environmental, were to be created or modified, increasing
down, this change may be passed on to the selling price of the products.
Article 10 - Method of payment
This is an order with payment obligation, which means that placing the order involves a
buyer's payment.
To pay for his order, the buyer has, at his option, all the payment methods made available to him by the
seller and listed on the seller's website. The buyer guarantees to the seller that he has the necessary authorizations
necessary to use the method of payment chosen by him, during the validation of the order form. The seller
reserves the right to suspend any management of order and any delivery in the event of refusal of authorization of payment by
bank card from officially accredited bodies or in the event of non-payment. The seller reserves
in particular the right to refuse to make a delivery or to honor an order from a buyer who has not
fully or partially paid for a previous order or with which a payment dispute is in progress
administration.
Payment of the price is made in full on the day of the order, according to the following terms:
- Bank card
- PayPal
Article 11 - Availability of products - Reimbursement - Cancellation
Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the
home page of the site, the shipping times will be, within the limits of available stocks, those indicated below. The
shipping times run from the date of registration of the order indicated on the confirmation email of the
ordered.
For deliveries in Metropolitan France and Corsica, the delivery time is from France 3 to 5 days from the day of dispatch, according to the following terms: Colissimo . At the latest, the deadline will be 30 working days after the conclusion of the contract.
For deliveries in the DOM-TOM or another country, the terms of delivery will be specified to the buyer on a case-by-case basis.
case.
In the event of non-compliance with the agreed delivery date or time, the buyer must, before breaking the contract, order the
seller to execute it within a reasonable additional time.
In the absence of performance at the end of this new period, the buyer may freely terminate the contract.
The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on
another durable medium.
The contract will be considered resolved upon receipt by the seller of the letter or writing informing him of this resolution,
unless the professional has complied in the meantime.
The buyer may, however, immediately terminate the contract, if the dates or deadlines seen above constitute for him a
essential condition of the contract.
In this case, when the contract is terminated, the seller is required to reimburse the buyer for all the sums paid, at the
no later than 14 days after the date on which the contract was terminated.
In case of unavailability of the product ordered, the buyer will be informed as soon as possible and will have the possibility of canceling his
ordered. The buyer will then have the choice of requesting either a refund of the sums paid within 14 days at the most
late in their payment, or the exchange of the product.
Article 12 - Terms of delivery
Delivery means the transfer to the consumer of physical possession or control of the goods. Products
ordered are delivered according to the terms and time specified above.
The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy.
Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the expense of
the buyer. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the address of
delivery, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the deliverer will leave a delivery notice in the mailbox, which will allow
collect the package at the place and time indicated.
If at the time of delivery, the original packaging is damaged, torn, open, the buyer must then check the condition of the items.
If they have been damaged, the buyer must imperatively refuse the package and note a reservation on the delivery slip.
(parcel refused because opened or damaged).
The buyer must indicate on the delivery slip and in the form of handwritten reservations accompanied by his signature, any
anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, products
broken...).
This verification is considered to have been carried out once the buyer, or a person authorized by him, has signed the
Delivery.
The buyer must then confirm these reservations by registered mail to the carrier at the latest within two days
working days following receipt of the item(s) and send a copy of this letter by fax or simple mail to
seller at the address indicated in the legal notices of the site.
If the products need to be returned to the seller, they must be the subject of a return request to the seller
within 14 days of delivery. Any complaint made outside this period cannot be accepted. The return of
product can only be accepted for products in their original state (packaging, accessories, instructions, etc.).
Article 13 - Delivery errors
The buyer must notify the seller on the same day of delivery or at the latest on the first working day following the
delivery, any complaint of error of delivery and/or non-conformity of the products in kind or in quality compared to the
instructions on the order form. Any complaint made after this period will be rejected.
The complaint may be made, at the choice of the buyer:
- by e-mail to the following address: contact@tergel-maisondestyle.com.
Any complaint not made in the rules defined above and within the time limits cannot be taken into account.
and will release the seller from any responsibility vis-à-vis the buyer.
Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and the
will communicate by e-mail to the buyer. The exchange of a product can only take place after the allocation of the exchange number.
In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller in its
together and in its original packaging, by Colissimo Recommandé, to the following address: 2 B rue du Colonel De Bange,
78000 Versailles.
Return costs are the responsibility of the seller.
.
Article 14 - Right of withdrawal
Application of the right of withdrawal
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date
delivery of his order, to return any item that does not suit him and request an exchange or refund
without penalty, with the exception of return costs which remain the responsibility of the buyer.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be
remarketing _cc781905-5cde -3194-bb3b-136bad5cf58d_ in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products are not taken back.
The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this
case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other mode of
declaration of withdrawal is accepted. It must be unambiguous and express the will to retract.
In the event of exercise of the right of withdrawal within the aforementioned period, the price of the product(s) purchased and the
delivery costs are reimbursed.
Return costs are the responsibility of the buyer.
The exchange (subject to availability) or refund will be made within 14 days, and at the latest, within
the period of 14 days from receipt, by the seller, of the products returned by the buyer under the conditions
provided above.
Exceptions
According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
- supply of goods whose price depends on fluctuations on the financial market beyond the control of the professional and
likely to occur during the withdrawal period;
- supply of goods made to the consumer's specifications or clearly personalized;
- supply of goods likely to deteriorate or expire rapidly;
- supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for
reasons of hygiene or health protection;
- supply of goods which, after having been delivered and by their nature, are inseparably mixed with other
items ;
- supply of alcoholic beverages, the delivery of which is deferred beyond thirty days and the value of which is agreed upon
conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
- maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by
him, within the limit of the spare parts and work strictly necessary to respond to the emergency;
- supply of audio or video recordings or computer software when they have been unsealed by the
consumer after delivery;
- supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
- supply of digital content not provided on a material medium, the execution of which has begun after agreement
prior express consent of the consumer and express waiver of his right of withdrawal.
Article 15 - Force majeure
All circumstances beyond the control of the parties preventing the execution under normal conditions of their
obligations are considered as grounds for exemption from the obligations of the parties and lead to their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as
than their disappearance.
Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable,
unavoidable, beyond the control of the parties and which cannot be prevented by the latter, despite all efforts
reasonably possible. Expressly, are considered as cases of force majeure or fortuitous events, in addition to those
usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or
of supplies, earthquakes, fires, storms, floods, lightning, shutdown of the networks of
telecommunications or difficulties specific to telecommunications networks external to customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the execution
of the contract will be continued. If the case of force majeure has a duration of more than three months, these general conditions
may be terminated by the aggrieved party.
Article 17 - Intellectual property
The content of the website remains the property of the seller, the sole holder of the intellectual property rights to this content.
Buyers agree not to make any use of this content; any total or partial reproduction of this content is
strictly prohibited and is likely to constitute an offense of counterfeiting.
Article 18 - Computing and Freedoms
The personal data provided by the buyer are necessary for the processing of his order and the establishment of
bills.
They may be communicated to the seller's partners responsible for the execution, processing, management and
payment for orders.
The buyer has a right of permanent access, modification, rectification and opposition with regard to the information
concerning him. This right can be exercised under the conditions and according to the procedures defined on the website ter[g]el- Maison de style
.
Article 19 - Partial non-validation
If one or more stipulations of these general conditions are held to be invalid or declared as such in
application of a law, a regulation or following a final decision of a competent court, the other
stipulations will retain all their force and scope.
Article 20 - No waiver
The fact for one of the parties not to take advantage of a breach by the other party of any of the obligations
referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation
in question.
Article 21 - Title
In the event of difficulty of interpretation between any of the headings appearing at the head of the clauses, and any of the
clauses, the titles will be declared non-existent.
Article 22 - Language of the contract
These general conditions of sale are written in French. In the event that they are translated into a
or several foreign languages, only the French text shall prevail in the event of a dispute.
Article 23 - Mediation and settlement of disputes
The buyer may resort to conventional mediation, in particular with the Mediation Commission of the
consumption or with existing sectoral mediation bodies, or any alternative method of settling disputes.
disputes (conciliation, for example) in the event of a dispute. The names, contact details and email address of the mediator
are available on our site.
In accordance with article 14 of Regulation (EU) n°524/2013, the European Commission has set up a platform for
Online Dispute Resolution, facilitating independent out-of-court settlement of online disputes between
consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.
Article 24 - Applicable law
These general conditions are subject to the application of French law. The competent court is the court
judicial.
This is the case for the rules of substance as well as for the rules of form. In the event of a dispute or claim, the buyer
will first contact the seller to obtain an amicable solution.
Annex :
Withdrawal form to complete and return to us at contact@tergel-maisondestyle.com within a maximum period of 14 days following the date of conclusion of the service contract.
Withdrawal form
To the attention of :
Tergel Gerelt
2 B rue du Colonel De Bange, 78000 Versailles
email address: contact@tergel-maisondestyle.com
I hereby notify you of my withdrawal from the contract relating to ....................., ordered on: .........
First and last name of the consumer: .................
Consumer's address: .................
Date : ..................
Signature of the consumer
Annex :
Consumer Code
Article L. 217-4: “The seller delivers goods that comply with the contract and is liable for any lack of conformity existing during the
deliverance.
It also responds to defects of conformity resulting from the packaging, the assembly instructions or the installation.
when it has been charged to it by the contract or has been carried out under its responsibility.
Article L. 217-5: “The good complies with the contract:
1° If it is specific to the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer under
form of sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the
seller, by the producer or by his representative, in particular in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use
sought by the buyer, brought to the knowledge of the seller and which the latter has accepted.”
Article L. 217-6: “The seller is not bound by the public declarations of the producer or his representative if he is
established that he did not know them and was not legitimately in a position to know them”.
Article L. 217-7: “The lack of conformity which appears within twenty-four months from the issue
of the good are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period
is fixed at six months. The seller can combat this presumption if it is not compatible with the nature of the good or the
alleged lack of conformity.”
Article L. 217-8: “The buyer is entitled to demand that the goods conform to the contract. He cannot, however, contest the
conformity by invoking a defect which he knew or could not ignore when he contracted. The same is true when the
defect has its origin in the materials which he himself supplied.”
Article L. 217-9: “In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the good.
However, the seller may not proceed according to the choice of the buyer if this choice entails a cost manifestly
disproportionate with regard to the other modality, taking into account the value of the good or the importance of the defect. It is then held
to proceed, unless it is impossible, according to the method not chosen by the buyer.”
Article L. 217-10: “If the repair and the replacement of the good are impossible, the buyer can return the good and be
return the price or keep the property and have part of the price returned. The same faculty is open to him: 1° If the solution
requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month
following the claim of the buyer; 2° Or if this solution cannot be without major inconvenience for this account
given the nature of the property and the intended use. The rescission of the sale cannot however be pronounced if the defect
compliance is minor.”
Article L. 217-11: The application of the provisions of articles L. 217-9 and L. 217-10 takes place at no cost to the buyer.
These same provisions do not preclude the award of damages.
Article L. 217-12: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.”
Article L. 217-13: "The provisions of this section do not deprive the buyer of the right to exercise the action resulting from the
redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual nature or
non-contractual which is recognized by the law."
Article L. 217-14: "Recourse action may be exercised by the final seller against sellers or intermediaries
successors and the producer of the tangible personal property, according to the principles of the Civil Code.
Article L. 217-15: "The commercial guarantee means any contractual commitment of a professional with regard to the
consumer for reimbursement of the purchase price, replacement or repair of the goods or the provision of
any other service in connection with the good, in addition to its legal obligations aimed at guaranteeing the conformity of the good.