GTI (Gestion Textile Internationale),
bat. 15-16, 61 rue du Landy, 93 300 Aubervilliers.
Capital de 160 000€,
Paris Trade and Companies Register Number : 329 151 849 R.C.S.,
TVA : FR21329151849
Tel : + 33 1 53 45 20 12,
Hosting : NBS System
140 Bd Haussmann 75008 Paris – France
Tel : +33 1 58 56 60 82
These General Terms of Sale (the “General Terms of Sale”) are agreed between the company GESTION TEXTILE INTERNATIONALE (the “Company”) and any natural person who is not a merchant (the “User”) wishing to make a purchase on the Website (hereinafter referred to together as the “Parties”).
The Parties agree that these General Terms of Sale exclusively govern their relationship.
All Users have access to the General Terms of Sale at any time on the website http://www.moondreamwebstore.pt edited by the Company (the “Website”).
These General Terms of Sale may be modified. The applicable terms are those in force on the Website on the date on which your order is placed. The User is informed of the said terms and accepts them when the order is placed.
The purpose of the General Terms is to define the terms of sale between the Company and the User, from the time an order is placed on the Website to the after-sales service, including payment and delivery.
The Products governed by these General Terms are those featured on the Website, presented as products sold and shipped by the Company (the “Products”). They are offered while stocks last.
The Company offers for sale some Products made to your specifications, which are made to measure (the “Custom Made Products”).
The essential characteristics of the Products (in terms of quality and quantity) are described and presented on the Website as precisely as possible. However, these descriptions and any dimensions or photographs provided shall not be considered as contractual in nature.
We always do our best to ensure that Product photographs and descriptions shown on the Webstore are true to the original Products. However, variations may occur, particularly as a result of the technical limitations of colour rendering on your computer equipment, or industrial constraints on the precision of dimensions (tolerance of 3%), therefore the Company will not be liable for any variations not attributable to it or any insignificant variations.
With regard to Custom Made Products, you are expressly informed that, due to the technical constraints involved in their manufacture, Custom Made Products have a tolerance margin in terms of finished measurements, in the following proportions: 1% All Custom Made Products with measurements in this tolerance margin are considered compliant, which you expressly acknowledge and accept. Outside the tolerance margins, you have one (1) month from the dispatch date of the Custom Made Product to request retouches to your Custom Made Product. All retouches will be invoiced.
We advise Users who wish to order several copies of the same curtain to order them at the same time, in order to avoid any difference in color. If you order two copies of the same curtain separately, the colors may slightly vary because the items were not dyed in the same dye bath.
The Product and Custom Made Products prices shown on the Webstore are indicated in the currency of the country of the Webstore selected by the customer.
Those prices are shown including VAT at the rate applicable in France, and include any discounts applicable on the day of the order. For Products and Custom Made Products shipped to Switzerland, no VAT will be applied and, for Products and Custom Made Products shipped to Germany, the German VAT rate applicable on the day of the order will be added to the sales price of the Products and Custom Made Products, instead of the French VAT rate.
The Product and Custom Made Products prices indicated do not include delivery costs (fees for order processing, packaging, shipping and possible returns) The delivery costs will be specified on the order form before validation of the order.
For customers residing outside of the European Union and in French overseas departments and territories, the prices shown on the Webstore do not include customs duties. The customer will be required to clear the Products and Custom Made Products through customs by paying the duties and taxes upon entry, and the customer remains responsible with regard to those duties and taxes for both declarations and payments to the competent authorities of the country concerned.
The price of Products and Custom Made Products may be modified at any time by the Company. A price may not, however, be modified after validation of the User’s order.
An invoice is drawn up for each order and sent to the User by e-mail.
4.1 Prior identification of the User
For a first order, the User will be required to follow a customer account creation procedure, as indicated on the Website.
To place an order, the User must identify him/herself with an e-mail address or a customer number and password.
If the User has lost or forgotten their password, they may request it again by navigating to the customer account page and selecting “forgotten password”. He/she will then receive a link to modify his/her password at the email address provided when the customer account was created.
The User can also contact the Customer Service Department to request to change the password to his/her customer account.
4.2 Placing the order
The User must be at least eighteen (18) years of age and have the required legal capacity to place and fulfil an order, or the User must have permission allowing them to place and fulfil an order and be able to provide evidence of such permission at any time, following a request from the Company.
The User places an order via the Website in compliance with the procedure as set forth and explained by the Website: Accessible 24 hours a day and 7 days a week at all times, except in the event of voluntary or involuntary interruption, in particular for the purpose of maintenance or owing to force majeure. The User must select a delivery address for the Products located in one of the countries mentioned in article 6.1 below, failing which the order may be refused.
Any order placed before 11:00 am (local time of the Company headquarters) on a business day, it being understood that the work week extends from Monday to Friday ("Business Day"), will be processed the same day. Any order placed after 11:00 am (local time of the Company headquarters) will be processed the following Business Day.
In compliance with article 1369-5 of the French Civil Code on entering into contracts in electronic form, the User may view the details of his order (product, reference, quantity, unit price), the total price and correct any errors. The onus is placed on the User to check an order is correct before confirmation and acceptance. A confirmed order represents an acceptance of all prices and descriptions of Products and Custom Made Products available for sale. Any challenges related thereto will be handled within the framework of a possible exchange and of the guarantees mentioned in article 8 below. The Company will acknowledge receipt of the order as soon as the order is placed by sending an e-mail to the User.
If a Product or a Custom Made Product is unavailable when the order is placed, the Company will inform the User by email at the email address provided when the customer account was created.
Should a Product be unavailable when an order is placed, the Company will inform the User by e-mail.
In certain cases, in particular in failures to pay, an incorrect address or another problem related to the customer account of the User, the Company reserves the right to block the User’s order until the problem is solved.
For any questions relating to an order, you must consult your customer account on the Website or contact Customer Services.
5. PAYMENT TERMS
Payment is made in Euros, with two options open to the User:
- By bank card: French Carte Bleue, Visa, Mastercard
The bank account of the User is debited when the order is validated.
In occasions with this type of payment, the Company uses a distance payment system with SSL (Secure Socket Layer) data encryption. As such, credit card payments do not pass through the Company servers but directly through the Company's bank (Crédit du Nord) in a secure environment, guaranteeing that bank card details are known only to the Company's bank.
- By PAYPAL.
If the User opts to proceed with a PayPal payment, the User will be automatically directed to the User's PayPal account. Once the PayPal payment has been validated, the User will be invited to complete the order via the Website.
6.1 Geographical delivery zones
Products and Custom Made Products sold via the Website can be delivered to the Portugal. Please contact our Customer Service for delivery to other destinations.
6.2 Delivery terms
Products will be delivered to the home address of the User as specified in the customer account, or to a delivery address, as specified by the User on the order form, in Portugal or any other country of delivery specified in article 6.1.
No deliveries will be made to post-office (PO) box addresses.
Delivery costs are calculated based on the weight of the product and on the delivery location. The User will be informed of these costs prior to finalising the order.
6.3 Delivery timeframes
Rapid delivery of your package between 2 and 4 business days after processing of the order, as specified in article 4.2, to the countries in the geographical zone as described in article 6.1.
The Company may not be held responsible for the consequences of delivery delays. The maximum delivery period is 30 days (45 days for Custom Made Products). In the event of a shipping delay, the Company will inform the User of that delay by email, as described in article 4.2. In that case, the User may decide to cancel his/her order. If the order has not yet shipped at the time of receipt of the notice of cancellation from the User, the delivery will then be blocked and the User will be reimbursed for any amounts already paid within 14 days following receipt of the cancellation notice, in accordance with article L. 138-3 of the French Consumer Code. If the order has already shipped, the User will still have the option to cancel the order by rejecting the package.
7. RIGHT OF WITHDRAWAL AND EXCHANGE
7.1 Right of withdrawal (only for deliveries in Europe)
All Products excluding Custom Made Products delivered to Europe may receive a refund provided that they are returned to the Company intact, complete, and packed in the original packaging; that the iron-on tape has not been used, and that they are accompanied by the purchase invoice.
In compliance with article L.121-20 of the French Consumer Code, the User benefits from a right of withdrawal for fourteen (14) clear days from the date on which Products are received. TThe right of withdrawal also applies to discounted, secondhand or destocked products, but does not apply to Custom Made Products, in accordance with article L.221-28 3° of the French Consumer Code. During this time frame, the User may return Products to the Company without having to provide grounds for the return or paying penalties, to the following address: GTI - Moondream, 61 rue du Landy, 93 300 Aubervilliers – France. Before doing so, he must indicate his intention to return the Product by telephone at 00 33 1 53 45 20 12 and return the Product by post within the said time frame. Return costs are the responsibility of the User and will not be refunded except in cases where the User receives a defective Product or if a mistake is made at the time the Product is sent.
In the event of a Product or a Custom Made Product defect, please contact the Customer Service Department.
The Company undertakes to refund the amounts owed to any User who exercises his right of withdrawal within the shortest possible time frame and at the latest within fourteen (14) days following the date on which the User exercised his right of withdrawal, in particular:
- If the User returns all of the Products in the order, the Company will reimburse the User (i) for the price of the Products returned, and for the costs of delivery (excluding additional costs connected with the type of delivery selected by the customer other than the least expensive type of standard delivery proposed by the Company) of those Products;
- If the User does not return all of the order and keeps one or more of the Products ordered, the Company will keep the costs of the "outgoing" delivery as well as the amount corresponding to the prices of the Products not returned.
All amounts will be refunded using the same means of payment as those at the time the original order was placed.
Meaning that if the Product order was paid by:
- Credit card, and if the credit card is still valid, the money will be refunded to the account attached to the credit card.
- Paypal, and if the Paypal account is still active, the money will be refunded to the Paypal account.
If any previous refunds have failed, the refund will be sent by cheque to the invoicing address.
All Products (excluding Custom Made Products) delivered in Europe can be exchanged provided they are intact, complete and packed in the original packaging; that the iron-on tape has not been used, and that they are accompanied by the purchase invoice.
The User has ten (10) days to request an exchange.
To do this, they must contact Customer Services to request a Product exchange.
The User will not pay any delivery costs for the new exchange order.
The User may return a Product to the Company by means of the forwarder.
All return costs are the responsibility of the User (except in cases where the User receives a defective Product, or if a mistake is made at the time the Product was sent).
8.1 Guarantee against hidden defects
All Products and Custom Made Products sold on the Webstore are guaranteed against hidden defects (articles 1641 and following of the French Civil Code) which allow the User to return defective or nonconforming Products and Custom Made Products delivered, for replacement within the limit of available stocks.
Should it be impossible to replace the Product, the Company undertakes to refund the Price of the Product or Custom Made Product ordered within a period of thirty (30) days following the receipt of the Product returned by the User to the Company at the following address: GTI - Moondream, 61 rue du Landy, 93 300 Aubervilliers - France.
8.2 Legal guarantee of conformity
All Products and Custom Made Products sold on the Webstore benefit from the same legal guarantee of conformity. As a result, the User:
- is allowed a period of two years following delivery of the good to act;
- can choose between repair or replacement of the good, subject to the cost conditions set forth in article L. 217-9 of the French Consumer Code;
- is not required to provide proof of the existence of the conformity defect of the good for a period of six months following delivery of the good. That period was extended to twenty-four months as of 18 March 2016, except for second-hand goods.
The legal guarantee of conformity shall apply regardless of any commercial guarantee provided.
The User may decide to invoke the guarantee against hidden defects of the item sold pursuant to article 1641 of the French Civil Code. In that case, the User may choose between cancellation of the sale or reduction of the sales price, in accordance with article 1644 of the French Civil Code.
9. SIGNATURE AND EVIDENCE
In all cases, the provision of bank card number online and a final validation of the order shall constitute evidence affirming the legal validity of the entire order, in compliance with the provisions of the Act of 13 March 2000, and shall render all amounts corresponding to the prices of the Products appearing in the order form and to the delivery costs due.
The said validation represents a signature and explicit acceptance of all operations carried out via the Website.
In the event of fraudulent use of your bank card, you are requested to contact Customer Services as soon as you become aware of this use./p>
The Company undertakes to exercise all due care according to the usual standards of the profession in performing the service offered to the User. Nevertheless, the Company shall incur no liability if failure to fulfil its obligations is due either to an unforeseeable and insurmountable act on the part of a third party, or to a case of force majeure as defined by French case law. Moreover, the Company shall incur no liability:
- for a failure to perform, or poor performance of, contractual obligations falling to the User, in particular instances where the User places an order via the Website,
- for any inconvenience or damage inherent to use of the Internet in particular: service interruption, outside interference or the presence of computer viruses,
- for any delay attributed to out-of-stock articles.
11. INTELLECTUAL PROPERTY
The Company holds the rights allowing it to sell all the Products and Custom Made Products on the Website.
All the features of the Website, whether visual or sound, including: underlying technology, brands, logos, graphics, photographs, designs and models, are protected by copyright, trademarks or patents. Disclosure of such elements shall under no circumstances be interpreted as granting any licence or right to use the said trademarks and distinctive features protected by copyright. Their use is therefore prohibited, on pain of legal proceedings.
This means that no content taken from the Website may be copied, reproduced, republished, downloaded, posted, transmitted or disseminated in any way whatsoever.
12. NOMINATIVE INFORMATION AND PROTECTION OF PERSONAL DATA
The Company undertakes to protect your Personal Data, collected during the ordering process. All Personal Data will be processed in strict confidentiality.
You acknowledge and accept that the Company may collect and process your personal data, for the sole purposes detailed hereafter, in accordance with the Company’s Confidentiality Policy, accessible on the Website and made available to you each time you place an order.
If you choose not to provide certain mandatory personal data, you may still visit some parts of the Website but risk not being able to access certain options, certain programs, certain offers and certain services requiring interaction with you and use of your personal data.
12.1 Collection of Personal Data
We may collect your Personal Data in the following cases:
- When you complete the registration form on the “Create your account” page, to create a customer account that will enable you to log in to the Website and purchase the Products and Bespoke Products. The Company collects and processes the following data for this purpose: title, last name, first name, e-mail address, date of birth, password, company, delivery and billing address, country, home and mobile telephone numbers, name of address.
- When you send a request via the “Contact Us” page, by filling in the online form. The data collected for this purpose is as follows: subject of the request, e-mail address, order number and your message.
- When you voluntarily provide your personal data, in particular via open forms or documents attached to your message on the “Contact us” page. You undertake to send accurate information that will not harm the interests or rights of third parties (in particular their intellectual property rights).
- We may also make use of daily logs. The information contained in the daily logs includes Internet Protocol (IP) addresses, the type of browser, the Internet Service Provider (ISP), the system date/time, the origin and destination pages, the pages clicked on and any other information that your browser gives us. We may use this information to administer the Website or to monitor your movements around the Website. However, we must point out that the electronic identification data identifies your login terminal or pages viewed on the Website during your browsing session and is generally insufficient on its own to identify you personally.
- Google Analytics: The Website may use a tool called "Google Analytics" to collect information on use of the Website. Google Analytics collects information such as the frequency of hits on the Website by users, the pages visited, and the other sites visited before arriving at the Website. We use the information we obtain from Google Analytics to improve our Website and our products. We do not associate the information collected by Google Analytics with the personal data identifying you. Google’s capacity to use and share the information collected by Google Analytics on your visits to our Website is limited by the Google Analytics Service Conditions, which can be consulted at www.google.com/analytics/terms/us.html, and the Google Confidentiality Policy, which can be consulted at www.google.com/policies/privacy/. You can learn more about how Google collects and analyses data specifically related to Google Analytics at www.google.com/policies/privacy/partners/. You can also prevent use of your data by Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add-on at https://tools.google.com/dlpage/gaoptout. When you voluntarily provide your Personal Data, in particular multimedia content (photographs, videos, etc.), you agree to send accurate information and not to harm the interests or rights of third parties (in particular their intellectual property rights).
12.2 Use of Personal Data
The Company only collects and processes your Personal Data for which it has the legal bases. The legal bases include your consent (when you have given your consent), the contract (when data processing is required to perform a contract between you and the Company, or between you and our partners, for example, to provide you with the Products and Bespoke Products requested) and “legitimate interests”.
When processing of personal data is subject to your consent, you have the right not to consent or to withdraw your consent at any time; when processing of your personal data is for legitimate interests, you have the right to object. For any questions concerning the legal bases the Company uses to collect and use personal data, please contact our Customer Service.
The information you send on the Website allows the Company to:
- Identify and authenticate your access to the Website;
- Perform the sales contract and ensure delivery of the Products and Bespoke Products purchased by you;
- Inform you about the Products and Bespoke Products;
- Deal with your questions or requests;
- Send you, with your agreement, advertising or marketing messages through any applicable communication channel, in particular e-mails, SMS, etc.;
- Allow you to benefit from promotions;
- Send the newsletter you have subscribed to;
- Improve our Website in terms of browsing and functionalities;
- Diagnose and remedy problems on the Website.
The Company guarantees the confidentiality of the personal data collected from you. The Company may however be led to share all or part of this personal data with third party suppliers in order to facilitate its business and provide the Website and its Products and services to Users.
This information may be transferred to other countries. The Company undertakes to act responsibly and only to interact with third party suppliers with a personal data policy governing their own processing of personal data, who can provide an adequate level of protection with regard to European data protection legislation (in particular the General Data Protection Regulation (EU) 2016/679 of 27 April 2016, known as “GDPR”). In all cases, the Company relies on contractual mechanisms and binding legal processes to legally transfer the personal data beyond the borders of the EEA and secure the flow of data.
The Company will only send your Personal Data to a third party business partner after receiving your prior consent to share this information (for example for a special promotional event).
The Company may ultimately be led to disclose all or part of your personal data or any other information that you have submitted via the Website if it considers that disclosing this information may help or is reasonably necessary:
- to comply with any law or regulation;
- to conduct any legal proceedings;
- to meet any request from a legal authority or any administrative authority authorised by the law, requesting communication of the data in accordance with the legislative provisions in force;
- to ensure compliance with our General Terms and Conditions of Sale;
- to identify, prevent or deal with a fraud or security issue;
- to protect the rights, ownership or security of the Website, its Users, or the public in general.
The Company undertakes however to notify you under the conditions set out in current legislation.
In order to comply with its contractual obligations, the Company may send this data to companies that it controls and to their subsidiaries, provided that these companies are subject to the same commitments set out in this Confidentiality Policy or the confidentiality regulations, guaranteeing a level of data protection that is at least equivalent.
Finally, the Company may share your personal data in the event of a sale, merger or takeover, or in preparation for these events. Any third party acquiring the company in full or in part will be authorised to use this data, but only if it complies with this Confidentiality Policy and once it has duly informed you of the transfer of the business. You can of course object, by exercising your legal rights as set out below.
In all cases, the Company (GTI) will use its best endeavours to ensure the confidentiality and security of the Personal Data collected when it is transferred to the above-mentioned persons.
12.3 Retention of Personal Data
Your personal data will be retained by the Company for a period not exceeding the period required for the purposes for which it has been collected or processed, in accordance with the provisions in force (in particular but not exclusively those set out in the French Commercial Code, Civil Code or Consumer Code).
The Company may however retain some personal data for a longer period, for the sole purposes of complying with any legal obligation or answering any questions or complaints sent to it following the cessation of the contractual relationship with its partners or with you.
12.4 Facebook and YouTube
GTI publishes an information and presentation page on Facebook, and a YouTube channel. You can follow these pages via the “Like” button (on Facebook) or “Subscribe” (on YouTube). The personal information you have indicated as public and accessible on your profile may then be collected by GTI.
Click here for a Wikihow article on how to activate and deactivate access to your data on Facebook.
Click here to find out how to change the confidentiality settings on Google/YouTube.
12.5 Subscribing and unsubscribing to our newsletter
The Website offers you the chance to subscribe free of charge to our newsletter, in order to receive information about our products, new products and news.
If you no longer want to receive the newsletter, you can unsubscribe by simply clicking on the “Unsubscribe” link at the bottom of the newsletter. Your request will not be considered accepted until you have received a message confirming it. If you do not receive a confirmation message, please contact Customer Services, specifying the e-mail address you want to unsubscribe.
12.6 Security measures
The security of your Personal Data is important to us. We follow the security standards generally used in our sector, including the appropriate administrative, physical and technical measures and we comply with French and European legislation on protection of the Personal Data that we collect.
The GTI employees who have access to your Personal Data due to their tasks, undertake to treat it with the greatest confidentiality.
However, no Internet transmission method or electronic storage method is 100% secure. Therefore, although we will do our best to protect your Personal Data, we cannot control the risks inherent in the Internet and would draw your attention to the potential risks in terms of one-off losses of data or attacks on the confidentiality of data transiting the network.
If you have any questions about the security of the service, please contact Customer Services
12.7 Links and interactions with third party sites
The Website allows you to interact with third party sites or may contain links to other sites, mobile apps and third party services which are not owned or controlled by us (each being a “Third Party Service”). We are not responsible for the confidentiality practices or content of Third Party Services. Please note that the Third Party Service may collect information about you. We therefore invite you to read the General Terms and Conditions and Confidentiality Policies of each Third Party Service with which you choose to interact.
12.8 Exercising your rights
In accordance with the legislation in force, in particular French Law No. 78/17 of 6 January 1978 on Data Protection, and the GDPR, you have the right to access, rectify and erase your personal data, the right to restrict processing and the right to portability of your data.
You also have the right to object to processing of your data by the Company for legitimate reasons, and the right to make a complaint to the CNIL (French Data Protection Agency).
You can exercise these legal rights at any time, sending your request by e-mail, post or telephone to Customer Services.
To enable the Company to meet your request, you must send the information required to identify you: your last name, first name, e-mail and postal address if applicable.
After erasing your personal data, you will not be able to restore it. Moreover, the Company cannot assure you that erasing your data will remove any content or personal information that you may have otherwise made public.
12.9 Use of data in the event of takeover or change in control of GTI
As our business develops, we may transfer or acquire subsidiaries or businesses. As a result of such transactions, customer information may be one of the assets transferred, but will remain subject to the commitments set out in this Personal Data Policy.
In addition, if there is a change in control of our company, a takeover, collective insolvency proceedings or sale of our company's assets, the Personal Data may be transferred to third parties.
12.10 Personal data policy for minors
The Website does not target minors but is not exclusively for adults, as it does not contain any content prohibited to minors under the age of 18.
The forms and questionnaires on the Website are not intended to collect information from minors. If information on a minor is collected by the Website, the minor’s legal representative can contact us to rectify, modify or erase this information (see Article 6 – Individual rights over Personal Data).
12.11 Questions / Contact
For any questions or comments about this Personal Data Policy or the way in which we collect and use your Personal Data, please contact Customer Services by e-mail, post or telephone.
13. APPLICABLE LAW AND JURISDICTION
The General Terms are governed by French law. In the event of a dispute, the court local to the defendant's domicile or, at the discretion of the plaintiff, the court of the effective delivery location of the Product, shall have jurisdiction.