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Terms & Conditions of Sale
The website GINKGO, operated by SASU GINKGO T-SHIRTS (hereinafter referred to as "the Seller"), provides products or services (hereinafter "Products" or "Services") to its Customers through its website www.ginkgotshirts.com (hereinafter "the Site"). It is specified that these Terms and Conditions of Sale (hereinafter "T&Cs") govern exclusively the sales of Products or Services on the Site.
Contact Information
Address: SASU GINKGO T-SHIRTS – 56 rue Permentade 33000 Bordeaux, France
Phone Number: 06 32 00 08 77
Email: contact@ginkgotshirts.com
The internet user visiting the Site and potentially interested in the Products and Services offered is invited to read these T&Cs carefully. They are invited to print and/or save them on a durable medium before placing an order on the Site.
The Customer acknowledges having read and fully accepted these T&Cs without reservation.
Application of the T&Cs
The Seller reserves the right to modify the T&Cs at any time by publishing a new version on the Site. The applicable T&Cs are those in effect on the day of the Customer's order on the Site. The Site offers online sales of T-Shirts. Access to the Site is free and open to any Customer. The Customer declares to have read and accepted these T&Cs by checking the box provided before proceeding with the online order process. Checking this box is deemed to have the same value as a handwritten signature from the Customer.
Acceptance of these T&Cs requires that Customers have the legal capacity necessary to do so. If the Customer is a minor or does not have this legal capacity, they declare to have the authorization of a guardian, curator, or legal representative.
The Customer recognizes the evidentiary value of the Seller's automatic recording systems and, unless they provide proof to the contrary, they waive the right to contest them in case of a dispute.
Article 1 - Prices and Payment Terms
1.1 - Pricing
The prices of the Products are indicated in euros, all taxes included (TTC). For orders below €80, prices are exclusive of shipping costs, which remain additional. These costs will be brought to the buyer's attention on the summary screen before final order validation.
Ginkgo T-Shirts reserves the right to change its prices at any time and to pass on any changes in the applicable VAT rate on the prices of Products or Services offered on the Site. However, the products will be invoiced based on the rates in effect at the time of order validation.
Article 2 - Orders and Customer Account
2.1 - Customer Account
Creating a customer account is not necessary before placing an order. However, the Customer agrees to provide sincere and accurate information regarding their identity and contact details, especially their email address, during the order process.
2.2 - Payment Terms
The Customer can place an order on the Site and make their payment by credit card. No payment method data is collected by the Site. Payment is made directly to the bank or payment service provider receiving the payment from the Customer. Order forms and invoices will be archived on a reliable and durable medium constituting a faithful copy. The computerized records will be considered by the parties as proof of communications, orders, payments, and transactions between the parties.
2.3 - Orders
The Customer can place orders online at www.ginkgotshirts.com. The contractual information is presented in French and will be confirmed at the latest at the time of your order validation.
2.4 - Payment Deadlines
The price is payable in full on the day of the order.
Article 3 - Order Validation
The Customer declares having read and accepted these Terms and Conditions of Sale before placing the order. Order validation constitutes acceptance of these Terms and Conditions of Sale.
Article 4 - Availability
Product availability is indicated on the Site in the description of each Product. In the event of unavailability after ordering, the Customer will be informed, and the order will be automatically canceled with no bank charge made.
Article 5 – Delivery
5.1 - General
Products are delivered to the address indicated by the Customer during the order process, except for delivery restrictions indicated on the order validation page. Items offered for sale on www.ginkgotshirts.com are currently deliverable only in mainland France. Other destinations will be opened in the near future.
5.2 - Delivery Times
The delivery time corresponds to the shipping time indicated on the Product page plus the processing and transportation time. In case of delivery by a carrier requiring an appointment with the Customer, the carrier will contact the Customer as soon as possible to arrange a delivery appointment, no later than 30 days from the date of order validation. Ginkgo T-Shirts cannot be held responsible for delivery delays due to the Customer's unavailability after several appointment proposals by the carrier. In case of ordering multiple products with different delivery times, Ginkgo T-Shirts reserves the right to split shipments. Processing and shipping costs will only be charged for one shipment. In case of payment by credit card and split deliveries, only shipped products will be charged. It is reminded that when the Customer (or a third party designated by them) takes physical possession of the ordered products, the risks of loss or damage are transferred to them.
5.3 - Delivery Methods
Order delivery is ensured by UPS during the launch period from February to March 2021, and by Colissimo (La Poste) from March 2021. From the order confirmation email, the Customer is delivered at home within 7/8 business days. The order is delivered to the mailbox or by hand. In case of absence or impossibility to deliver the package, the mail carrier leaves a notice indicating the date and address of the post office where the Customer can collect their package upon presentation of an ID. From the date mentioned on the notice, the Customer has 15 days to collect their package.
Article 6 - Delivery Errors and Delays
If the Customer's package is returned to the Seller by the Post Office or other postal services, the Seller will contact the Customer upon receiving the returned package to inquire about the next steps for the order. If the Customer mistakenly refused the package, they may request a re-shipment by paying the postal fees in advance. Postal fees must be paid even for orders with free shipping during the initial order. In case of a delivery error or exchange, any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from a mishandling by the Customer cannot be attributed to the Seller. In case of shipment delays, an email will be sent to inform the Customer of a possible impact on the delivery time indicated. In case of delivery delays, a new delivery time will be proposed. Any delivery delay exceeding thirty (30) days from the conclusion of the contract may result in the sale being terminated at the Customer's initiative under the conditions provided by articles L 216-2, L 216-3, and L241-1 of the Consumer Code. The request must be in writing, sent by registered letter with acknowledgment of receipt if the Seller has not delivered after being prompted to do so. The Customer will then be refunded within fourteen (14) days from the date the contract was terminated. This clause does not apply if the delivery delay is due to force majeure.
Article 7 - Receipt
In case of reservations on the delivered product (e.g., damaged, already opened package), the Customer must notify the carrier and Ginkgo T-Shirts immediately. The Customer may refuse a package at delivery if there is an anomaly (damage, missing product, damaged package, broken products); any anomaly must be noted by the Customer on the delivery slip, in the form of handwritten reservations, accompanied by the Customer's signature. To exercise the right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have the damaged merchandise taken back. If these conditions are not met, the Customer cannot exercise their right of refusal, and the Seller will not be required to comply with the Customer's request for refusal.
Article 8 - Transfer of Ownership – Transfer of Risks
All risks of loss or damage to goods are transferred to the consumer when they, or a third party designated by them and other than the carrier proposed by the professional, take physical possession of these goods.
Article 9 - Right of Withdrawal
9.1 - Legal Withdrawal Period
In accordance with legal provisions (Article L.221-18 of the Consumer Code), the Customer has 30 days from receipt of the goods to exercise their right of withdrawal without having to justify reasons or pay penalties.
9.2 - Withdrawal Procedures – Mainland France
In case of withdrawal within the aforementioned period, returns in Mainland France are free (excluding Accessories). Returns must be made to allow for the product's resale. In case of product depreciation due to handling other than necessary to establish the nature, characteristics, and proper functioning of the product, the Customer may be held liable.
To exercise the right of withdrawal, the Customer can:
Send an email to contact@ginkgotshirts.com indicating the item(s) concerned and the order number.
Once the withdrawal email is sent to Ginkgo T-Shirts within 30 days of receiving the order, the Customer must return the product(s) to Ginkgo T-Shirts within a reasonable time and no later than 14 days from the email date. The request must specify the order concerned by this withdrawal. If the returned parcel does not reach the Seller, it will not be possible to initiate a postal inquiry to locate it.
In case of withdrawal, Ginkgo will refund the amounts paid within 14 days from the date Ginkgo T-Shirts is informed of the Customer's decision to withdraw, using the same payment method as the order (unless expressly agreed otherwise). This refund date can be deferred until the product is received or until the Customer provides proof of the product's shipment. The Seller is not required to refund additional costs if a more expensive delivery method than the standard one offered on the Site was chosen.
Article 10 - Warranties
10.1 - Product Compliance
In accordance with the legal warranties of conformity and hidden defects (outlined below and specified in Appendix 1), Ginkgo T-Shirts will refund or exchange products that are defective or do not match the Customer's order. The Customer must contact the Seller promptly. Products must be returned in their original condition with all components (accessories, instructions) in suitable packaging. Shipping costs will be reimbursed based on the invoiced rate, and return costs will be refunded upon presentation of receipts.
Under the legal warranty of conformity, the consumer:
Has two years from delivery to act against the seller.
Can choose between repair or replacement, subject to the cost conditions outlined in Article L. 217-9 of the Consumer Code.
Is not required to prove the existence of a conformity defect within six months of delivery. This period extends to 24 months from March 18, 2016, except for second-hand goods.
The legal warranty of conformity applies independently of any commercial warranty that may cover the product. The consumer can also implement the warranty against hidden defects under Article 1641 of the Civil Code, opting for either the cancellation of the sale or a reduction in the sale price as per Article 1644 of the Civil Code.
The provisions of this Article do not affect the customer’s right of withdrawal as specified in this document.
Article 11 - Liability
Ginkgo T-Shirts cannot be held liable for any events, inconveniences, or damages inherent to Internet use, including service interruptions, external intrusions, or computer viruses. Additionally, Ginkgo T-Shirts cannot be held responsible for the non-performance of the contract in cases of unforeseen circumstances, force majeure, disruptions, or strikes, particularly of postal services and transport/communications, flooding, or fire. Ginkgo T-Shirts will not be liable for any indirect damages, operational losses, profit losses, or other costs that may arise from these terms.
Article 12 - Intellectual Property
All texts, comments, works, illustrations, and images reproduced or represented on the Ginkgo T-Shirts website are strictly reserved under copyright and intellectual property laws worldwide. Only private use is permitted under the Intellectual Property Code. Any reproduction or representation, in whole or in part, of the site or its elements is strictly prohibited. Social denominations, trademarks, and distinctive signs on the site are protected under trademark law. Reproduction or representation of any such signs requires prior written permission from the trademark holder.
Article 13 - Applicable Law – Disputes – Complaint Handling - Mediation
Applicable Law
This contract is governed by French law. The language of this contract is French. In case of disputes, only French courts will be competent.
Complaint Handling
For any complaints, you can contact customer service at the contact details mentioned in the preamble of these conditions.
Jurisdiction
In case of difficulty arising from ordering or delivering items sold on the Site, the Customer should first contact Ginkgo T-Shirts to seek an amicable solution. The Customer can resort to conventional mediation or any other alternative dispute resolution method.
In case of a dispute, under Regulation No. 44/2001 of December 22, 2000:
- The Customer may bring the matter to either the court of their domicile or the French courts.
- Ginkgo may bring the matter to the court of the Customer's domicile.
Consumer Dispute Mediation
In accordance with the Consumer Code provisions regarding the amicable settlement of disputes, the Customer may, in any case, resort to conventional mediation with existing sectoral mediation bodies or any alternative dispute resolution method.
Online Dispute Resolution Platform
In accordance with Article 14 of Regulation (EU) No. 524/2013, an Online Dispute Resolution platform has been set up by the European Commission, facilitating independent, out-of-court resolution of online disputes between consumers and professionals in the EU. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr
Article 14 - Personal Data
Personal and nominative information concerning the Customer is necessary for order management and commercial relations. They may be transmitted to companies involved in these relations for management, execution, processing, and payment. This information is also kept for security purposes, to comply with legal and regulatory obligations, and to enable Ginkgo to improve and personalize the services offered and information provided.
The processing of information communicated via the Site has been declared to the CNIL under number 2107297. In accordance with the Data Protection Act of January 6, 1978, the Customer has the right to access, rectify, and oppose personal data concerning them. They can do so by writing online to Customer Service or by mail to Ginkgo T-Shirts, 56 rue Permentade 33000 Bordeaux, France, indicating their name, first name, and email address. According to the current regulations, the request must be signed and accompanied by a photocopy of an identity document bearing the Customer's signature and specify the address to which the response should be sent. A response will be sent within 2 months of receiving the request.
Opposition to Telephone Solicitation
When placing an order, you will be asked to provide your phone number to facilitate delivery. In this regard, we remind you of your rights regarding telephone solicitation. You can register on the "telephone solicitation opposition list" on the website: http://www.bloctel.gouv.fr
Appendix 1
Article L. 217-4 Consumer Code
The seller must deliver a product in conformity with the contract and is responsible for any conformity defects existing at the time of delivery. They are also responsible for conformity defects resulting from packaging, assembly instructions, or installation when the latter has been made their responsibility by the contract or carried out under their responsibility.
Article L. 217-5 Consumer Code
The product is in conformity with the contract:
1. If it is suitable for the use usually expected of a similar product and, if applicable:
- If it matches the description given by the seller and possesses the qualities presented to the buyer in the form of a sample or model;
- If it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;
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 seller's attention, and accepted by the latter.
Article L217-12 Consumer Code
The action resulting from the conformity defect is time-barred two years from the delivery of the product.
Article L. 217-16 Consumer Code
When the buyer requests the seller, during the commercial warranty period granted upon acquisition or repair of a movable property, a restoration covered by the warranty, any downtime of at least seven days adds to the warranty period that was still running. This period starts from the buyer's intervention request or the provision for repair of the item in question, if this provision is subsequent to the intervention request.
Article 1641 Civil Code
The seller is bound by the warranty against hidden defects in the sold item that render it unsuitable for its intended use or diminish its use so much that the buyer would not have acquired it, or would have paid a lower price, if they had known about them.
Article 1648 paragraph 1 Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
Appendix 2 - Withdrawal Form
In case of withdrawal from your order placed on Ginkgo T-Shirts, please complete and return this form - except exclusions or limits to the right of withdrawal as per the applicable General Terms and Conditions of Sale.
To: Ginkgo T-Shirts, 56 rue Permentade 33000 Bordeaux, France
I hereby notify you of my withdrawal from the contract for the sale of the following goods / for the provision of the following service(*):
Ordered on:
Received on:
Order number:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date: