Terms and conditions of sale

These general terms and conditions of sale apply to all products and services sold on the Gillia online sales website, which is legally owned by CORE 2, a company located at 3 rue de Copenhague, 75008 Paris, France.

The buyer acknowledges having read these terms and agrees to be bound by them in its dealings with the seller. These terms apply without restriction to all commercial transactions entered into by CORE 2. As a reminder, in a sale to a business customer, the relationship is governed by the French Commercial Code and not by consumer law, which applies only to sales to individuals.

Accordingly, the buyer acknowledges being fully aware that its acceptance of these general terms and conditions does not require a handwritten signature of this document, insofar as the customer wishes to order online the products offered in the website's store.

The buyer may save or print these general terms and conditions, it being specified that saving or printing this document is its sole responsibility.

Article 1: Entire agreement

These general terms and conditions set out all of the parties' obligations. Accordingly, the buyer is deemed to accept, without reservation, all of the provisions set out in these general terms and conditions. No general or specific condition contained in documents sent or delivered by the consumer may be incorporated herein, insofar as such documents would be inconsistent with these general terms and conditions.

Article 2: Purpose

The purpose of these general terms and conditions is to define the rights and obligations of the parties in connection with the online sale of goods and services offered by CORE 2 to the buyer.

Article 3: Contractual documents

This contract consists of the following contractual documents, listed in descending order of precedence: these general terms and conditions and the order form. In the event of any conflict between provisions contained in documents of different rank, the provisions of the higher-ranking document shall prevail.

Article 4: Effective date and term

These general terms and conditions take effect on the date the order form is signed. They are entered into for the period required to supply the goods and services subscribed to, until the expiration of the warranties owed by CORE 2.

Article 5: Electronic signature

The buyer's “double click” on the order form constitutes an electronic signature that, as between the parties, has the same validity as a handwritten signature.

Article 6: Order confirmation

The contractual information will be confirmed by email no later than the time of delivery or, failing that, at the address provided by the buyer in the order form.

Article 7: Proof of transaction

The computerized records kept in CORE 2's computer systems under reasonable security conditions will be considered proof of the communications, orders and payments exchanged between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as evidence.

Article 8: Prices

Prices are stated in euros and are valid only on the date the buyer sends the order form. They do not include delivery charges, which are invoiced separately and shown before the order is confirmed. Prices are exclusive of the VAT applicable on the date of the order. The full price must be paid at the time of the order. Under no circumstances may the amounts paid be considered deposits or down payments.

Article 9: Payment methods

To pay for its order, the buyer may choose any of the payment methods listed in the order form. The buyer warrants to CORE 2 that, when confirming the order form, it holds any authorizations that may be required to use its chosen payment method. CORE 2 reserves the right to suspend all order processing and delivery if payment by bank card is not authorized by the officially accredited bodies, or in the event of non-payment. In particular, CORE 2 reserves the right to refuse to make a delivery or fulfill an order from a buyer who has failed to pay for a previous order in full or in part, or with whom a payment dispute is pending. CORE 2 has implemented an order verification procedure designed to ensure that no one uses another person's bank details without their knowledge. As part of this verification, the customer will be asked to send CORE 2, by fax, a copy of an identity document and a proof of address. The order will be confirmed only after our teams have received and verified the documents sent.

Article 10: Order shipping

For any order placed before noon for products that are in stock, CORE 2 undertakes to ship them the same day*.

For any order placed after noon, provided the products are in stock, the order will be processed the next morning* and then shipped.

If the products are not in stock, CORE 2 undertakes to ship the ordered products as soon as the ordered items are received at its premises.

If the ordered product is no longer available from the manufacturer, or is out of stock, CORE 2 reserves the right to deliver an equivalent product at no extra cost to the customer.

Products are delivered to the address provided by the buyer on the order form, within mainland France only. The buyer must check the condition of the packaging on delivery and report any damage caused by the carrier on the delivery note, and to CORE 2, within one week. For shipping, we work mainly with CHRONOPOST.

* (excluding weekends and public holidays)

Article 11: Delivery issues caused by the carrier

Goods travel at the consignee's risk. On arrival of the goods, and in the presence of the carrier, the customer or consignee must make sure that the goods are in good condition. Any delivery anomaly (damage, product missing compared with the delivery note, damaged parcel, broken products, etc.) must be recorded on the delivery note as “handwritten reservations,” together with the customer's signature. Reservations must also be recorded on the transport document, in the presence of the carrier.

Please note that you have 15 minutes to inspect your delivery. In the event of an anomaly, be sure to record your reservations on the delivery note in the presence of the delivery driver. To be admissible and release you from any liability, your reservations must be clear, specific and explicit, in particular by stating the descriptions and quantities of the missing or damaged items.

The buyer must also confirm this anomaly by sending the carrier, within two (2) business days of the delivery date, a registered letter with return receipt requested setting out the claims in question. The buyer must send a copy of this letter by fax or by regular mail to:

CORE 2
Customer Service
3 rue de Copenhague
75008 Paris

No claim will be accepted by CORE 2 if the customer fails to comply with the conditions of Article 105 of the French Commercial Code, which provides “that the consignee must notify the carrier of its reasoned protest within three days by REGISTERED letter.”

Risk passes when the goods are shipped.

Article 12: Delivery errors

12-a: The buyer must submit to CORE 2, on the day of delivery or no later than the first business day following delivery, any claim regarding a delivery error and/or the non-conformity of the products, in type or quality, with the information on the order form. Any claim made after this deadline will be rejected.

12-b: This claim may be submitted to CORE 2 by fax at 09 70 70 06 07, Monday through Friday, 8:30 a.m. to 6:00 p.m.

12-c: Any claim not made in accordance with the rules set out above and within the stated deadlines cannot be considered and will release CORE 2 from all liability toward the buyer.

12-d: Upon receipt of the claim, CORE 2 will assign an exchange number to the product(s) concerned and will communicate it to the buyer by email, fax or telephone. A product may be exchanged only after the buyer has been assigned an exchange number following the procedure described above.

12-e: In the event of a delivery error or an exchange, any product to be exchanged or refunded must be returned to CORE 2 complete and in its original packaging, by CHRONOPOST, to the following address:

CORE 2
Returns Department
3 rue de Copenhague
75008 Paris

To be accepted, any return must first be reported to CORE 2 Customer Service.

Shipping costs are borne by CORE 2, unless the returned product turns out not to match the original description given by the buyer on the return form.

Article 13: Product warranty, insurance and after-sales service

The contractual warranty depends on the equipment sold. Unless otherwise stated, it lasts one year (except for cables and power supplies, which are covered for one month only), in mainland France, on a return-by-mail basis. Some equipment is covered by an on-site warranty provided directly by the manufacturer or importer. Note: consumables, cash drawers and other purely mechanical peripherals, as well as software, are not covered by the warranty.

In the event of a failure of any equipment under warranty, CORE 2 cannot be held liable for any resulting consequences for the customer company's operations or staff, or for the loss of data stored by it. The customer must therefore make the necessary backups.

Article 14: Rights of use

The right to use the software of CORE 2, and the software it distributes, is granted to the named customer on an exclusive, personal and non-transferable basis, in accordance with the French Intellectual Property Code. In all cases, the author of the software retains ownership rights in the work, which the buyer undertakes to respect.

Article 15: Force majeure

Neither party shall be deemed to have breached its contractual obligations to the extent that their performance is delayed, hindered or prevented by a fortuitous event or force majeure. A fortuitous event or force majeure means any irresistible fact or circumstance that is external to the parties, unforeseeable, unavoidable and beyond the parties' control, and that they cannot prevent despite all reasonably possible efforts.

The party affected by such circumstances shall notify the other party within ten business days of the date on which it became aware of them. The two parties shall then meet within one month, unless prevented by the force majeure event, to assess the impact of the event and agree on the conditions under which performance of the contract will continue.

If the force majeure event lasts more than three months, these general terms and conditions may be terminated by the injured party. In addition to those usually recognized by French case law, the following are expressly considered force majeure or fortuitous events: blockage of means of transportation or supply, earthquakes, fires, storms, floods, lightning, and the shutdown of, or problems specific to, telecommunications networks external to the customers.

Article 16: Severability

If one or more provisions of these general terms and conditions are held invalid, or declared invalid under a law or regulation or by a final decision of a competent court, the remaining provisions shall remain in full force and effect.

Article 17: No waiver

A party's failure to invoke a breach by the other party of any of the obligations set out in these general terms and conditions shall not be construed as a waiver of that obligation in the future.

Article 18: Governing law

These general terms and conditions are governed by French law, with respect to both substantive and formal rules. In the event of a dispute or claim, the buyer will first contact CORE 2 to seek an amicable settlement.

If no settlement is reached and legal action is taken, the dispute will be submitted to the jurisdiction of the French courts.

Article 19: Data protection (Informatique et Libertés)

The information requested from the buyer is necessary to process its order and may be shared with CORE 2's contractual partners involved in fulfilling that order. The buyer may write to CORE 2, whose contact details appear in the privacy policy on the website, to object to such disclosure or to exercise its rights of access and rectification regarding the information about it held in CORE 2's files, under the conditions set out in the French Data Protection Act of January 6, 1978.