Terms of Sales

General conditions of sale of the website www.gorillazmountain.fr

applicable from 01/17/2024

ARTICLE 1. PARTIES

These general conditions are applicable between DEUVIGENIUS , SASU , share capital : 1,000 €, registered with the RCS at the AIX-EN-PROVENCE registry, on 08/19/2022 , under number 918 484 221 RCS Aix-en-provence , head office: 33 Rue du Moulin, La Villotte 89240 CHEVANNES , E-mail : contact@gorillazmountain.fr , intra-community VAT number: FR59918484221 , hereinafter “the Publisher” and any person, natural or legal, under private or public law, registered on the Site to purchase a Product, hereinafter " the customer "

ARTICLE 2. DEFINITIONS

 Client ”: any person, natural or legal, under private or public law, registered on the Site.

Site Content” : elements of any kind published on the Site, protected or not by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.

The Editor ”: DEUVIGENIUS , SASU taken in his capacity as publisher of the Site.

Internet user ”: any person, natural or legal, under private or public law, connecting to the Site.

Product ”: goods of any kind sold on the Site by the Publisher to Customers.

Site ”: website accessible at the URL www.gorillazmountain.fr , as well as related subsites, mirror sites, portals and URL variations.

ARTICLE 3. SCOPE OF APPLICATION

The Site is freely accessible to all Internet users. Browsing the Site implies acceptance by any Internet user of these general conditions. Simply connecting to the Site, by any means whatsoever, in particular via a robot or a browser, will constitute full acceptance of these general conditions. When registering on the Site, this acceptance will be confirmed by checking the corresponding box.

The Internet user acknowledges having read them fully and accepting them without restriction.

Checking the above-mentioned box will be deemed to have the same value as a handwritten signature from the Internet user. The Internet user recognizes the evidentiary value of the Publisher's automatic recording systems and, unless he provides proof to the contrary, he waives the right to contest them in the event of a dispute.

These general conditions are applicable to relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user.

Acceptance of these general conditions assumes on the part of Internet users that they have the necessary legal capacity for this, or failing that they have the authorization of a guardian or curator if they are incapable. , their legal representative if they are minors, or even that they hold a mandate if they act on behalf of a legal entity.

ARTICLE 4. PURPOSE OF THE SITE

The purpose of the Site is the sale of Products to Customers.

Product information

The products governed by these general conditions are those which appear on the seller's website and which are indicated as sold by the seller. They are offered while stocks last. The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable. The photographs of the products are not contractual.

Sharp Blade Information

For any purchase of a sharp blade such as a knife or axe, the customer certifies being of legal age when sending the order , the DEUVIGENIUS company cannot be held responsible in the case of a purchase for a third party or even for any criminally reprehensible use of its user.

ARTICLE 5. ORDER STEPS

5.1. Order

In order to place an order, Internet Users will be able to select one or more Products and add them to their basket. The availability of Products is indicated on the Site, in the description sheet of each item. When their order is complete, they will be able to access their basket by clicking on the button provided for this purpose.

5.2. Validation of the order by the Internet user

By consulting their basket, Internet Users will be able to check the number and nature of the Products they have chosen and will be able to check their unit price, as well as their overall price. They will have the possibility to remove one or more Products from their basket.

If their order suits them, Internet users will be able to validate it. They will then access a form on which they can either enter their connection details if they already have them, or register on the Site by completing the registration form using their personal information.

5.3. Payment by the Customer

As soon as they are connected or after they have completely completed the registration form, Customers will be invited to check or modify their delivery and billing details, then will be invited to make their payment by being redirected for this purpose on the secure payment interface including the words “order with payment obligation” or any similar formula.

5.4. Confirmation of the order by the Publisher

Once payment has actually been received by the Publisher, the latter undertakes to acknowledge receipt of it to the Customer electronically, within a maximum of 24 hours. Within the same period, the Publisher undertakes to send the Customer an email summarizing the order and confirming the processing, including all the related information.

ARTICLE 6. PRICE – PAYMENT

6.1. Price

The applicable prices are those displayed on the Site on the day of the order. These prices may be modified at any time by the Publisher. The prices displayed are only valid on the day of the order and do not apply for the future.

The prices indicated on the Site are in euros, all taxes included, excluding delivery costs. 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 reflected in the price of the products in the online store.

If one or more taxes or contributions, particularly environmental, were to be created or modified, either up or down, this change may be reflected in the selling price of the products.

6.2. Payment terms

The Customer can make payment by Paypal, Stripe, Google Pay, Apple pay .

In the context of payments by bank card, the Publisher does not have access to any data relating to the Customer's means of payment. Payment is made directly into the hands of the banking institution.

In the event of payment by money order, check or bank transfer, delivery times only begin to run from the date the payment is received by the Publisher.

6.3. Billing

The Publisher will send or make available to the Customer an invoice electronically after each payment. The Customer expressly agrees to receive invoices electronically.

6.4. Failure to pay

Agreed payment dates cannot be delayed under any circumstances, including in the event of a dispute.

Any sum not paid on the due date will give rise, automatically and without formal notice, to the application of late payment penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this penalty affects the payment of the sums due in principal.

In addition, any late payment will result in the defaulting Customer being billed for recovery costs in the amount of 40 euros, the immediate payment of all sums remaining due regardless of the agreed deadlines, plus compensation of 20% of the amount as a penalty clause, as well as the possibility of terminating the contract unilaterally to the detriment of the Client. This clause falls within the framework of the provisions of article 1152 of the civil code allowing the judge to reduce the compensation if the judge considers that it is excessive.

6.5. Reservation of title

The Products sold remain the property of the Publisher until full payment of their price, in accordance with this retention of title clause.

ARTICLE 7. CUSTOMER SERVICE

The Site's customer service is accessible from Monday At SATURDAY of 09:00 has 17:00 by email to: contact@gorillazmountain.fr or by post to the address indicated in article 1 of these general conditions. In these last two cases, the Publisher undertakes to provide a response under 48 hours .

ARTICLE 8. PERSONAL SPACE

8.1. Creation of personal space

The creation of a personal space is an essential prerequisite for any order from an Internet user on the Site. To this end, the Internet user will be asked to provide a certain amount of personal information. Some of this information is deemed essential for the creation of personal space. Refusal by an Internet user to provide said information will have the effect of preventing the creation of the personal space as well as, incidentally, the validation of the order.

When creating the personal space, the Internet user is invited to choose a password. This password guarantees the confidentiality of the information contained in the personal space. The Internet user therefore refrains from transmitting it or communicating it to a third party. Failing this, the Publisher cannot be held responsible for unauthorized access to an Internet user's personal space.

The Customer undertakes to carry out regular verification of the data which concerns him and to carry out the necessary updates and modifications online, from his personal space.

8.2. Personal space content

The personal space allows the Customer to consult and follow all his orders placed on the Site.

The pages relating to personal spaces are freely printable by the account holder in question, but in no way constitute admissible evidence in a court of law. They are only of an informative nature intended to ensure efficient management of their orders by the Customer.

The Publisher undertakes to securely store all contractual elements whose retention is required by law or regulations in force.

8.3. Deleting personal space

The Publisher reserves the right to delete the account of any Client who contravenes these general conditions, in particular when the Client provides inaccurate, incomplete, misleading or fraudulent information, as well as when a Client's personal space remains inactive. for at least a year. Said deletion will not be likely to constitute a fault on the part of the Publisher or damage to the excluded Customer, who will not be able to claim any compensation as a result.

This exclusion is without prejudice to the possibility, for the Publisher, of taking legal action against the Client, when the facts justify it.

ARTICLE 9. PERSONAL DATA

As part of its service, the Publisher will be required to process the personal data of its Customers.

9.1. Identity of the data controller

The person responsible for the collection and processing of data on the Site is the Publisher.

9.2. Data collected

9.2.1. Data collected from customers

As part of its contractual relationships, the Publisher may be required to collect and process information from its Customers, namely: Email, First and last name, Telephone, Address, state, province, postal code, city .

9.2.2. Data collected from customers

The data collected during the contractual relationship is subject to automated processing with the aim of:

  • Initiate legal proceedings;
  • Verify the identity of Customers;
9.2.3. Legal bases for processing

The data collected has the legal basis of a contractual relationship.

9.2.4. Data recipients

The data collected can only be consulted by the Publisher within the limits strictly necessary for the execution of contractual commitments.

This data, whether in individual or aggregate form, is never made freely viewable by a third party.

9.2.5. Duration of retention of personal data

The personal data collected are kept for the duration of the contractual relationship, and for the time during which the Publisher's liability may be incurred.

After the retention period, the Publisher undertakes to permanently delete the data of the persons concerned without retaining a copy.

9.2.6. Security and confidentiality of personal data

Personal data is stored in secure conditions, according to current technical means, in compliance with the provisions of the General Data Protection Regulation and the national legislation in force.

Access to the Publisher's premises is also secure.

9.2.7. Data minimization

The Publisher may also collect and process any data voluntarily transmitted by its Customers.

The Publisher directs its Clients to provide personal data strictly necessary for the execution of contractual commitments.

The Publisher undertakes to only retain and process data strictly necessary for its professional activities, and will delete any data received that is not useful to its activities as quickly as possible.

9.3. Respect for rights

The Publisher's Customers have the following rights regarding their personal data, which they can exercise by writing to the Publisher's postal address or by completing the online contact form.

9.3.1. Right to information, access and communication of data

The Publisher's Customers have the possibility of accessing personal data which concerns them.

Due to the Publisher's obligation of security and confidentiality in the processing of personal data, requests will only be processed if Customers provide proof of their identity, in particular by producing a scan of their valid identity document (in the case of a request using the dedicated electronic form) or a signed photocopy of their valid identity document (in the case of a request made in writing), both accompanied by the words “I attest on my honor that the copy of this identity document is consistent with the original. Done at…on…”, followed by their signature.

To help them in their process, Customers will find here is a sample letter developed by the CNIL.

9.3.2. Right to rectification, deletion and right to forgetting of data

The Publisher's Customers have the possibility of requesting the rectification, updating, blocking or even deletion of their personal data which may prove to be inaccurate, erroneous, incomplete or obsolete.

The Publisher's Clients can also define general and specific directives relating to the fate of personal data after their death. If applicable, the heirs of a deceased person may demand to take the death of their loved one into consideration and/or to make the necessary updates.

To help them in their process, Customers will find here is a sample letter developed by the CNIL.

9.3.3. Right to object to data processing

The Publisher's Customers have the possibility of objecting to the processing of their personal data.

To help them in their process, Customers will find here is a sample letter developed by the CNIL.

9.3.4. Right to data portability

The Publisher's Customers have the right to receive the personal data they have provided to the Publisher in a transferable, open and readable format.

9.3.5. Right to restriction of processing

The Publisher's Customers have the right to request that the processing of their personal data by the Publisher be limited. Thus, their data can only be kept and no longer used by the Publisher.

9.3.6. Reply duration

The Publisher undertakes to respond to any request for access, rectification or opposition or any other additional request for information within a reasonable period of time which cannot exceed 1 month from receipt of the request.

9.3.7. Complaint to the competent authority

If the Publisher's Customers consider that the Publisher is not respecting its obligations with regard to their personal data, they may send a complaint or request to the competent authority. In France, the competent authority is the CNIL to which they can send a request here .

9.4. Transfer of collected data

9.4.1. Transfer to partners

The Publisher uses authorized service providers to facilitate the collection and processing of its Customers' data. These service providers may be located outside the European Union.

The Publisher has previously ensured the implementation by its service providers of adequate guarantees and compliance with strict conditions in terms of confidentiality, use and protection of data, for example via the US Privacy Shield.

The Publisher uses the following subcontractors:

Partner Quality Recipient country Treatment carried out Guarantees
Google Analytics Subcontractor and Co-contractor USA (Privacy Shield) Development of commercial statistics in order to generate reports on Internet user interactions. https://policies.google.com/privacy
Facebook Ads manager Subcontractor and Co-contractor USA (Privacy Shield) Carrying out operations relating to prospecting. https://www.facebook.com/policy.php
Instagram Co-responsible USA (Privacy Shield) Management of people's opinions on products, services or content. https://help.instagram.com/519522125107875
Youtube Co-responsible USA (Privacy Shield) Video hosting. https://policies.google.com/privacy?hl=fr&gl=fr
Facebook Co-contractor USA (Privacy Shield) Management of people's opinions on products, services or content. https://www.facebook.com/policy.php
Google Adwords Subcontractor and Co-contractor USA (Privacy Shield) Carrying out operations relating to prospecting. https://policies.google.com/privacy
 

9.4.2. Transfer upon requisition or judicial decision

Customers also consent to the Publisher communicating the data collected to any person, upon requisition by a state authority or by judicial decision.

9.4.3. Transfer in the context of a merger or acquisition

If the Publisher is involved in a merger, sale of assets, financing transaction, liquidation or bankruptcy or in an acquisition of all or part of its activity by another company, Customers consent to the data collected are transmitted by the Publisher to this company and that this company carries out the processing of personal data referred to in these General Conditions of Service in place of the Publisher.

ARTICLE 10. RESPONSIBILITY OF THE PUBLISHER

10.1. Nature of the Publisher's obligations

The Publisher undertakes to take the care and diligence necessary to provide quality Products that comply with the specifications of these General Conditions. The Publisher is only responsible for an obligation of means concerning the services covered herein.

10.2. Force majeure - Customer's fault

The Publisher will not be held liable in the event of force majeure or fault of the Client, as defined in this article:

10.2.1. Force majeure

For the purposes of these general conditions, any impediment, limitation or disruption of the Service due to fire, epidemic, explosion, earthquake, band fluctuations will be considered as a case of force majeure against the Customer. bandwidth, failure attributable to the access provider, failure of transmission networks, collapse of installations, illicit or fraudulent use of passwords, codes or references provided to the Customer, computer hacking, a breach security attributable to the Site host or developers, flood, power outage, war, embargo, law, injunction, request or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of the Publisher. In such circumstances, the Publisher will be excused from the performance of its obligations within the limits of this impediment, this limitation or this disturbance.

10.2.2. Customer fault

For the purposes of these General Conditions, any misuse of the Service, fault, negligence, omission or failure on the part of the Customer or that of its employees, non-compliance with the advice given by the Customer will be considered as a fault of the Customer against the latter. Publisher on its Site, any disclosure or illicit use of the Client's password, codes and references, as well as the provision of incorrect information or the absence of updating of such information in their personal space. The implementation of any technical process, such as robots, or automatic requests, the implementation of which would contravene the letter or spirit of these general conditions of sale will also be considered as a fault of the Customer.

10.3. Technical problems - Hyperlinks

In the event of impossibility of access to the Site, due to technical problems of any nature, the Customer will not be able to claim damage and will not be able to claim any compensation. The unavailability, even prolonged and without any limitation period, of one or more online services, cannot constitute harm to Customers and cannot in any way give rise to the award of damages from The Editor.

The hypertext links present on the Site may refer to other websites. The Publisher cannot be held liable if the content of these sites contravenes current legislation. Likewise, the Publisher cannot be held liable if the Internet user's visit to one of these sites causes him harm.

In the current state of the art, the rendering of the representations of the Products offered for sale on this Site, particularly in terms of colors or shapes, may vary significantly from one computer station to another or differ from reality depending on the quality of the graphic accessories and the screen or according to the resolution of the display. These variations and differences cannot under any circumstances be attributed to the Publisher, which cannot under any circumstances be held liable as a result.

10.4. Damages payable by the Publisher

In the absence of legal or regulatory provisions to the contrary, the Publisher's liability is limited to the direct, personal and certain damage suffered by the Client and linked to the failure in question. The Publisher cannot under any circumstances be held liable for indirect damage such as, in particular, loss of data, commercial damage, loss of orders, damage to the brand image, commercial disruptions and loss of profits or of customers. Likewise and within the same limits, the amount of damages payable by the Publisher cannot in any case exceed the price of the Product ordered.

10.5. Hypertext links and content of the Site

The Content of the Site is published for information purposes only, without guarantee of accuracy. The Publisher cannot under any circumstances be held responsible for any omission, inaccuracy or any error contained in this information and which would cause direct or indirect damage to the Internet user.

ARTICLE 11. INTELLECTUAL PROPERTY

11.1. Legal protection of Site Content

The Content of the Site may be protected by copyright and database law. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, carried out illegally and without the consent of the Publisher or its successors or assigns constitutes a violation of Books I and III of the Intellectual Property Code and will be liable to give rise to legal proceedings for counterfeiting.

11.2. Contractual protection of Site Content

The Internet user undertakes contractually with the Publisher not to use, reproduce or represent, in any way whatsoever, the Content of the Site, whether or not they are protected by intellectual property rights, for a purpose other than that of their reading by a robot or a browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the content of the Site for indexing purposes.

ARTICLE 12. FINAL STIPULATIONS

12.1. Applicable right

These general conditions are subject to the application of French law.

12.2. Modifications to these general conditions

These general conditions may be modified at any time by the Publisher. The general conditions applicable to the Customer are those in force on the day of their order or connection to this Site, any new connection to the personal space entailing acceptance, where applicable, of the new general conditions.

12.3. Disputes

Pursuant to Ordinance No. 2015-1033 of August 20, 2015, all disputes which may arise in the context of the execution of these general conditions and for which a solution cannot previously be found amicably between the parties must be submitted.

In addition, the Customer is informed of the existence of the online dispute resolution platform, accessible at the following URL address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

Since January 1, 2016, mediation is compulsory for everyone. Thus, any professional selling to individuals is required to provide the contact details of a competent Mediator in the event of a dispute, regardless of whether they sell remotely or in a physical store (Source: FEVAD).

In accordance with articles L.616-1 and R.616-1 of the Consumer Code, we offer a consumer mediation system. The mediation entity selected is: CNPM – CONSUMPTION MEDIATION. In the event of a dispute, you can file your complaint on its website: https://cnpm-mediation-consommation.eu

12.4. Entirety

The nullity of one of the clauses of this contract will not result in the nullity of the other clauses of the contract or of the contract as a whole, which will retain their full effect and scope. In such a case, the parties must, as far as possible, replace the canceled stipulation with a valid stipulation corresponding to the spirit and purpose hereof.

12.5. Non-waiver

The absence of exercise by the Publisher of the rights granted to it hereby cannot under any circumstances be interpreted as a waiver of the right to assert said rights.

12.6. Telephone canvassing

The Customer is informed that he has the possibility of registering on the list opposing telephone canvassing at the address http://www.bloctel.gouv.fr/.

12.7. Languages ​​of these general conditions

These general conditions are offered in French.

12.8. Unfair clauses

The stipulations of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair clauses in contracts concluded between a professional and a consumer.

Annex :

Consumer Code

Article L. 217-4 : “The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.

He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.”

Article L. 217-5 : “The property complies with the contract:

1° If it is suitable for the use usually expected of similar goods and, where applicable:

– if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;

– if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;

2° Or if it presents the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention 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 it is established that he did not know them and was not legitimately in a position to know them”.

Article L. 217-7 : “Defects of conformity which appear within a period of twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller may combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.”

Article L. 217-8 : “The buyer has the right to demand that the goods conform to the contract. He cannot, however, contest conformity by invoking a defect that he knew or could not have ignored when he contracted. The same applies when the defect has its origin in the materials he himself supplied.”

Article L. 217-9 : “In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice results in a cost that is manifestly disproportionate with regard to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.”

Article L. 217-10 : “If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded. The same option 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 buyer's complaint; 2° Or if this solution cannot be done without major inconvenience for him taking into account the nature of the property and the use he is seeking. However, the sale cannot be canceled if the lack of conformity 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 prevent the award of damages.

Article L. 217-12 : “The action resulting from the lack of conformity is prescribed 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 take action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of contractual or extra-contractual nature recognized by law.”

Article L. 217-14 : “Recursory action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the civil code.

Article L. 217-15 : “The commercial guarantee means any contractual commitment of a professional towards the consumer with a view to reimbursement of the purchase price, replacement or repair of the good or service any other service in relation to the property, in addition to its legal obligations aimed at guaranteeing the conformity of the property.
The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer.
The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial extent as well as the name and address of the guarantor.
In addition, it clearly and precisely mentions that, independently of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in articles L. 217-4 to L. 217-12 and that relating to defects in the thing sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the civil code.
The provisions of articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as article 1641 and the first paragraph of article 1648 of the civil code are reproduced in full in the CONTRACT.
In the event of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to take advantage of this.”

Article L. 217-16 : “When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a restoration covered by the warranty, any downtime period of at least seven days is added to the remaining warranty period.

This period runs from the buyer's request for intervention or the making available for repair of the good in question, if this making available is subsequent to the request for intervention.”

Civil Code

Article 1641 : “The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it , or would have given only a lower price, if he had known them.”

Article 1648 : “The action resulting from redhibitory defects must be brought by the purchaser, within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within the year following the date on which the seller can be released from apparent defects or lack of conformity.