Terms of service

 

www.lagalpa.com (the "Site") is operated by the Company GALPANI, a simplified joint stock company with a capital of € 1,000, whose registered office is 17 rue de l'Annonciation 75016 Paris, registered with the Trade and Companies Register of Paris under the number 891 027 302, whose intra-community VAT number is FR 53891027302.

Our site operates on a system that combines pre-orders and a small stock.

Since production is limited, if the customer purchases a product in stock, he recognizes that in the event of a size change request, the requested size will not necessarily be available.

If the customer wishes to be reimbursed for an order placed on pre-order or in stock and requests it, the refund procedure will be initiated immediately after receipt of the returned item, and only if the item is deemed to be compliant, intact and unworn. Any order or pre-order of Products appearing on the Site requires prior consultation of these terms of sale (the "TOS") and their unconditional and irrevocable acceptance. Consequently, the Customer acknowledges being fully informed of the fact that his agreement concerning the content of these TOS does not require the handwritten signature of this document, insofar as the Customer wishes to order online the Products presented in the context of the store of the Site. The Customer declares to have the capacity to conclude this contract, that is to say to be of legal majority, eighteen (18) years old, and not to be under guardianship or any other legal protection measure requiring the intervention of a third party. The parties agree that their relations will be exclusively governed by these TOS.

I. APPLICATIONS OF THE GENERAL CONDITIONS OF SALE

The terms of sale (the "TOS") detailed below apply to all orders and pre-orders for Products and services placed via the Site (the "Products") with GALPANI by any person (the "Customer").

The Customer must be aware of the TOS prior to any order (the "Order"), the TOS being available on the Site.

GALPANI reserves the right to adapt or modify these TOS at any time. The version of the TOS applicable to any sale is the one appearing online on the website www.lagalpa.com at the time of the Order. Consequently, the fact of placing an Order requires the entire prior acceptance and, without reservation, of the TOS by the Customer.

 II. SITE INFORMATION AND ACCESSIBILITY

www.lagalpa.com is an e-commerce site owned and operated by GALPANI.

The Site is accessible to all users of the Internet network in principle 24 / 7, except interruption, scheduled or not, by GALPANI or its service providers, for the needs of its maintenance and / or security or in case of force majeure (as defined below). 

GALPANI cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the Site.

GALPANI does not guarantee that the Site will be free from anomalies, errors or bugs, or that the Site will operate without breakdown or interruption. In this regard, period of unavailability of the Site or its content can be freely determined.

GALPANI also cannot be held responsible for problems with data transmission, connection or unavailability of the network.

GALPANI reserves the right to modify the Site, for technical or commercial reasons. When these changes do not substantially and negatively alter the conditions for the provision of services, the Customer may be informed of the changes made, but their acceptance is not requested. 

III. REGISTRATION ON THE SITE

When placing an Order, the Customer has the option of registering on the Site beforehand by creating an account containing the Customer's information (the "Account").

The Customer's registration on the Site is validated by GALPANI after verification of the standard form completed by the Customer. The Customer receives a registration confirmation email.

When creating his Account, the Customer must ensure the accuracy and completeness of the data he provides. The Customer is required to always update his personal information. In the event of an error in the wording of the recipient's contact details, GALPANI cannot be held responsible for the inability to deliver Products.

By registering on the Site, the Customer declares and guarantees to GALPANI that he is of legal age and has the legal capacity to enter into a contract.

GALPANI may delete the Client's Account at any time, for any reason, at its sole discretion. 

 

 IV. INTELLECTUAL PROPERTY

All the Content on the Site is and remains the exclusive property of GALPANI and / or its partners and / or third parties, and is liable to be protected by intellectual property rights. Unless expressly authorized by the holders of the rights relating to this content, users are under no circumstances authorized to reproduce, represent or market them in any way whatsoever.

“La Galpa” and the various logos used on the Site are registered trademarks, the reproduction of which without prior authorization would constitute an infringement.

Any commercial use, even partial, of the Site and/or the Brand is prohibited.

 

V. PRODUCTS

In accordance with Article L. 111-1 of the French Consumer Code, GALPANI presents the Products for sale and their characteristics on the Site. The Customer has the possibility of knowing, before placing his final order, the essential characteristics of the Products he wishes to buy.

The offers presented on the Website are valid within the limits of available stocks and the production capacity of the Products. When a product is not available in stock, it is clearly indicated on the buy button that it is possible to pre-order it. The estimated delivery date is also shown for pre-orders.  GALPANI reserves the right to withdraw Products from sale at any time.

The photographs, drawings, presentation videos illustrating the Products are only indicative and do not enter into the contractual field. Some dimensions, weights, and similar descriptions are approximate and are provided for convenience only. GALPANI makes every effort to faithfully display the colors of the Products; however, the color that can be seen on the Site depends in particular on the screen used and may not be exact.

GALPANI takes the greatest care in the presentation and description of its Products to best inform the Customer. However, it is possible that errors may appear on the Site, which the Customer recognizes and accepts.

GALPANI does not guarantee the accuracy or security of information transmitted or obtained by means of the Site.

It is possible that the Customer will receive, following an Order, an item previously returned by another person. It is specified that GALPANI only accepts the return of compliant, intact and unworn Products, these three conditions being checked before returning the Products to stock.

 

 VI. ORDERS AND PRE-ORDERS

Placing an order on the Site is subject to compliance with the procedure set up by GALPANI on the Site with successive steps leading to the validation of the Order.

The Customer can select as many Products as he wishes which will be added to the basket (the "Basket"). The Basket summarizes the Products chosen by the Customer as well as the prices and related costs. The Customer may freely modify the Basket before validating his Order. The validation of the Order constitutes confirmation of the acceptance by the Customer of the TOS, the Products purchased, their price as well as the associated costs.

A confirmation email summarizing the Order (Product (s), price, availability of Product (s), quantity, production time, etc.) will be sent to the Customer by GALPANI. To this end, the Customer formally accepts the use of electronic mail for confirmation by GALPANI of the content of his Order. Invoices are available in the "my account" section of the Site. 

The date of availability of the Products is given only as an indication and is not binding on GALPANI. In the event of a delay in the design or manufacture of the Product, GALPANI undertakes to inform you as soon as possible.

The price and delivery costs must be paid at the time of the pre-order or the order, under the conditions provided for in Article VIII - PRICES AND TERMS OF PAYMENT of these TOS. Delivery will be made under the conditions provided for in Article IX – SHIPPING AND DELIVERY.

The Client will be able to cancel his order or pre-order within 14 (fourteen) days following the sale. He must then inform GALPANI by sending an email indicating the reference of the item(s) being canceled. In this case, GALPANI undertakes to reimburse the Customer for all sums paid under the contract, no later than 14 (fourteen) days following receipt of the cancellation email.

If during the pre-order, the Client received an offer, a free product or a benefit related to this pre-order, the cancellation of the pre-order will imply the reduction of the refunded amount of the value of the offer of which he has benefited. 

 

 VII. REFUSAL TO PROCESS AN ORDER

GALPANI reserves the right to withdraw at any time any Product displayed on the Site and to replace or modify any content or information appearing on the Site. Despite GALPANI's best efforts to meet the expectations of its customers, it may be necessary to refuse to process an Order after sending the Customer the confirmation email summarizing the Order. 

GALPANI cannot be held responsible towards the Customer and/or a third party for the harmful consequences of the withdrawal of a Product from the Site, or the replacement or modification of any content or information appearing on this Site, or the refusal to process an Order after the sending of the confirmation email summarizing the Order, in this case the customer will be refunded as soon as possible. 

GALPANI also reserves the right to refuse or cancel an Order from a customer with whom it has a dispute over the payment of a previous order, in which case the customer will be refunded as soon as possible.

 

 VIII. PRICES AND TERMS OF PAYMENT

Product prices are displayed in euros and include French Value Added Tax (VAT). Shipping fees are not included in the product price and are calculated at checkout.

For deliveries within the European Union, VAT is applied according to the regulations in force on the day of the order.

For deliveries outside the European Union, the customer is considered the importer of record. Customs duties, import taxes or any other charges may apply upon delivery and are not included in the order total. These remain the sole responsibility of the recipient and must be paid directly to the carrier or the relevant local authorities.

Please note: Refused deliveries due to unpaid import charges will not be eligible for a refund.

Prices may be modified at any time, but products will be billed based on the rates in effect at the time the order is confirmed and paid, subject to availability.

Payments are processed via our secure providers: Shopify Payments, Stripe, PayPal, or Alma.

The customer acknowledges that providing their payment details constitutes authorization to debit the corresponding amount. In case of failed payment, the order will be cancelled and the customer will be notified by email.

Order and transaction records maintained by GALPANI, Stripe, PayPal or Alma serve as proof of purchase and payment

IX. SHIPPING & DELIVERY

Shipping refers to the transfer of physical possession of the products to the customer.

Delivery times vary between 3 to 10 business days depending on the item. For pre-orders, estimated delivery times are displayed on the product page and in the confirmation email, and depend on production timelines.

GALPANI is not liable for delays beyond its control or due to force majeure.

Deliveries are fulfilled by Colissimo or DHL from Monday to Friday, based on the shipping method selected at checkout.

Shipping fees are indicated at checkout under the "Shipping & Returns" section.

Risk of loss or damage is transferred to the customer upon delivery. If the customer arranges their own transport, risk is transferred upon handover to the carrier.

Delivery is made to the address provided by the customer. This may be the customer’s residence, a third party’s address, or a company.

If delivery is not possible due to absence or failure to collect the parcel, no reshipment will be made. The order will be refunded within five (5) days of its return to GALPANI, excluding original shipping fees.

X. RIGHT OF WITHDRAWAL - REFUNDS & RETURNS

10.1. Withdrawal period and process

In accordance with article L.221-18 of the French Consumer Code, non-professional customers have a right of withdrawal which may be exercised within fourteen (14) days from receipt of the order.

The right of withdrawal may be exercised by using model form appended to the TOS, by mail, to the following address: 17 rue de l'Annonciation 75016 Paris or at bonjour@lagalpa.com

10.2. Return process

Returns must be made within fourteen (14) days of withdrawal notice. Products must be returned in their original condition, unworn, unwashed and in original packaging. Customers must contact bonjour@lagalpa.com with their order reference to receive return instructions. 

Returns are covered by GALPANI if delivery was made to one of the following countries: France, Germany, Belgium, Luxembourg, Netherlands, Austria, Spain (mainland), Portugal (mainland), Italy, Ireland, Estonia, Hungary, Lithuania, Poland, Czech Republic, Slovakia, Slovenia, Switzerland.

For other destinations, return costs and risks are borne by the customer.

Refunds do not apply to orders that were refused by the customer due to unpaid import duties or local taxes.

10.3. Refunds

Refunds are processed within fourteen (14) days of receipt of the withdrawal request, provided returned products have been received by GALPANI.

Refunds are issued via the original payment method used for the order.

 XI. WARRANTIES - LIMITATION OF LIABILITY


GALPANI's liability with regard to any Product purchased on the Site is strictly limited to the purchase price of the latter. GALPANI will not be responsible for the following losses, regardless of their origin:

- loss of income or sales

- operating loss

- loss of profits or contracts

- loss of expected savings

- data loss

- loss of working or management time

- image damage

- loss of opportunity, and in particular to order a Product,

- moral damage.

The documents, descriptions and information relating to the Products appearing on the Site are not covered by any guarantee, express or implied, with the exception of the guarantees provided for by law.

GALPANI provides no warranty regarding any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise deteriorate a functionality of a computer or interfere with the proper functioning of the same, including any transmission resulting from a download of any content carried out by the Customer, of the software used by the latter to download the content, from the Site or from the server which provides access to it. In this regard, the Customer acknowledges that it is his responsibility to install anti-virus and appropriate security software on his computer hardware and any other device in order to protect them against any bug, virus or other programming routine of this order proving to be harmful.

The Customer acknowledges that he assumes all the risks associated with any content downloaded or obtained in any other way through use of the Site and agrees that he is solely responsible for any damage caused to his computer system or any loss of data resulting from the downloading of this content.

GALPANI is only required to deliver Products which comply with the contractual provisions. The Products are considered to comply with the contractual provisions if the following conditions are met: (i) they must comply with the description and have the characteristics written on the Site; (ii) they must be suitable for the purposes for which products of this type are generally designed; (iii) they must meet the quality and resistance criteria which are generally accepted for products of the same type and which can be reasonably expected.

In addition, GALPANI guarantees consumers against lack of conformity and hidden defects for the Products for sale on the Site under the following conditions:

Apparent defect - Guarantee - Legal compliance - Hidden defects

The presence of an apparent defect in a Product must give rise to a complaint by email bonjour@lagalpa.com

The Customer must comply with the procedure relating to the right of withdrawal by informing GALPANI in advance by all means of the existence of this apparent defect, so that the return can be accepted.

Subject to the validation of a non-conformity or a hidden defect by GALPANI or the manufacturer as the case may be, the Customer benefits from the following guarantees:

GALPANI, whose registered office is 17 rue de l'Annonciation 75016, Paris, France, acts as guarantor within the meaning of the provisions of articles L 217-5 and following of the French Consumer Code and 1641 and following of the French Civil Code.

Thus the Customer:

- has a period of two (2) years from the delivery of the Product to act for lack of conformity of the Product,

- is exempt from providing proof of the existence of the lack of conformity of the goods during the six (6) months following delivery of the Product,

- can choose between repair or replacement of the Product, subject to the cost conditions provided for in Article L217-9 of the French Consumer Code;

The legal guarantee of conformity applies independently of the commercial guarantee described below.

In addition, the Customer can also implement the legal guarantee for hidden defects in the item sold, within the meaning of articles 1641 and following of the Civil Code. The legal guarantee against hidden defects allows the Customer, within two years from the discovery of the defect, to reimburse a Product which has proved to be unfit for its use.

The warranty against hidden defects allows the Customer to be protected against hidden defects of the Product purchased and which prevent its use or affect it to such an extent that the Customer would not have purchased it.

The Customer then has the choice between two options: keep the Product and request a price reduction, or return the Product and request reimbursement of the price paid, in accordance with Article 1644 of the French Civil Code.

In order to implement these guarantees, the Product must be returned, in its original packaging, in its original condition, new, unworn, unwashed, with the references of the initial Order and a copy of the complaint to head office of GALPANI, after sending an email indicating the reason for the return of the Product.

Force Majeure 

In the event of the occurrence of an event of force majeure preventing the execution of these TOS, GALPANI informs the Client within fifteen (15) days of the occurrence of this event, by email or by registered letter with acknowledgment of receipt. Expressly, are considered as force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lockouts, riots, boycotts or other industrial actions or disputes. commercial, civil disturbance, insurrection, war, act of terrorism, inclement weather, epidemic, blockage of means of transport or supply for any reason, earthquake, fire, storm, flood, water damage, government restrictions or legal,  marketing legal or regulatory changes, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal performance of the contractual relationship. All the obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of GALPANI or the Client without compensation on either side. Failure to pay by the Customer cannot be justified by a case of force majeure.

XII. LEGAL INFORMATION

It is recalled that the secrecy of correspondence is not guaranteed on the Internet network and that it is up to each Internet user to take all appropriate measures to protect their own data and / or software from contamination by possible viruses circulating on the Internet.

XIII. EDITOR

GALPANI, a simplified joint stock company with capital of € 1,000, whose registered office is 17 rue de l'Annonciation 75016 Paris, registered in the Paris Trade and Companies Register under number 891 027 302, whose intra-community VAT number is FR 53891027302.

www.lagalpa.com (the "Site") is operated by the Company GALPANI SAS and the La Galpa brand is a registered trademark.

Contact: bonjour@lagalpa.com

 

XIV. HOST

Shopify

XV. DESIGN AND PRODUCTION

Maestrooo


XVI. PERSONAL DATA AND COOKIES

All the information in your Account is only used in the context of your commercial relationship with www.lagalpa.com This information is never shared with third parties or resold. Finally, your banking information is never in our possession. Transactions are fully processed by Paypal or by the secure payment module of our partner STRIPE. The Site uses cookies (cookies) of which the user is informed when they arrive on the website, which allow information relating to the navigation of the computer on the website to be recorded. These cookies are only installed after acceptance by the user, continued navigation on the website constitutes acceptance. The user can object to the use of these cookies by configuring his browser, knowing that access to certain services may require the prior acceptance by the user of cookies.

In application of law 78-17 of January 6, 1978 modified by law n°2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer are necessary for the processing of their order and the preparation of invoices. , notably.

This data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.

The processing of information communicated via www.lagalpa.com website meets the legal requirements regarding the protection of personal data, the information system used ensuring optimal protection of this data.

The Customer has, in accordance with the national and European regulations in force, a right of permanent access, modification, rectification, opposition to portability and limitation of processing with regard to information concerning him.

This right can be exercised under the conditions and according to the modalities defined on the website www.lagalpa.com

XVII. DISPUTES

If a client has a complaint, he or she is invited to contact the seller first, in writing, by email at bonjour@lagalpa.com.

If the seller and the client fail to reach an agreement, the client may choose to go through a mediation process, in accordance with articles l.612-1 and the following of the french consumer code. To this end, the client may either use the european online dispute resolution (odr) platform at: https://ec.europa.eu/consumers/odr/main/index.cfm, or contact the mediation service that the seller affiliates with :  the commission de la médiation de la consommation (consumer mediation commission) (c. Consom. Art. L 612-1): cm2c.net

Any disputes that may arise from purchases and sales made pursuant to these t&cs, regarding their validity, their interpretation, their execution, their termination, their consequences and outcomes and that the seller and the client were not able to solve on their own will be submitted to the competent courts according to French law.